Tim O'Malley (Limerick East, Progressive Democrats)

When we come to the next amendment, Members will find this is not the only section of which this is true. As far as physical therapists and physiotherapists are concerned, Members will be aware that the issue which has consistently attracted attention during the passage of the Bill through the Oireachtas is that of the protection of title "physical therapist". The Bill specifies a single primary title by which each designated profession will be known under the Bill. This is in line with the drafting advice received. In view of the debate on Committee Stage, it will be helpful to elaborate on the reasons this approach has been taken.

There is more than one sound reason for avoiding the use of alternative expressions in the Bill for the same profession. For example, certain presumptions apply when courts interpret legislation, one of which is the presumption of consistent expression whereby the Legislature is presumed to have avoided stylistic variation, that is, the same words have the same meaning and different words have different meaning. The courts also presume that the Legislature avoids superfluous or meaningless words and does not repeat itself. Every word is presumed to have a specific role to play in advancing the purpose of a statute. Superfluous words can lead to problems of interpretation and to courts striving, in unforeseen circumstances, to give a meaning that was never anticipated when a statute was enacted.

A third reason for avoiding the use of more than one term for any profession is consistency of approach, or parallelism with the treatment of other professions designated under the Bill. If more than one title was to be protected under the primary legislation for any profession, it would be necessary to take the same approach with every other profession. As far as the professions included in the Bill are concerned, there are a number of alternative or variant titles reflecting, for example, specialisms within them. Thus, the title "radiographer" encompasses both diagnostic radiographers and radiation therapists. Variants also encompass titles used in other countries such as speech and language pathologist rather than speech and language therapist or clinical nutritionist rather than dietician. The word "dietician" can be spelled in two ways. Undoubtedly, it would be confusing for everyone if the primary legislation was used to specify several titles for individual professions, not least the public. That is why the issue of multiple titles is tackled in the legislation through empowering the Minister to protect by regulation variants of the primary title by which those practitioners registered with a registration board of a designated profession are known. As Members are aware, it will be an offence for an unregistered practitioner to use a title protected either under the primary legislation or by regulation.

Under section 95(3), the Minister can protect variants of the primary title for all of the professions following consultation with the relevant registration board and any organisations that he or she considers appropriate. An important feature of this process is set out in section 95(7) which provides that a draft of a regulation to be made by the Minister protecting additional titles must be laid before the Houses of the Oireachtas and that a resolution approving the draft must be passed by each House. This allows each case to be examined on its merits, balancing such factors as protection of the public and the promotion of competition. This is the best and most appropriate way to protect any title that warrants protection.

As far as the physiotherapy profession is concerned, the title protected under the Bill is "physiotherapist". However, the Irish Society of Chartered Physiotherapists also wishes to have the title "physical therapist" protected for the exclusive use of those professionals registered with the physiotherapists registration board to be established under the Bill. The society considers both titles to be interchangeable in an international context and believes there is a risk of confusion among the public if the title "physical therapist" is not protected for use by physiotherapists. However, members of the Irish Association of Physical Therapists who currently use the title in this country have argued against such protection and wish to retain the title for their own use.

Clearly, this is a complex issue to which Members have given considerable attention. The Tánaiste and Minister for Health and Children is of the view that matters must be resolved in a timely way. The way forward is to deal with protection of title issues by regulation as provided for in the Bill. In line with the provisions of section 95(3), the Tánaiste intends to consult the proposed physiotherapists registration board on its establishment and any organisations she considers appropriate on prescribing the title "physical therapist" for use by registrants of the physiotherapy profession. She expects to make an early decision in the matter. Therefore, I do not propose to accept the amendment.

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