Dáil debates

Wednesday, 28 March 2007

Medical Practitioners Bill 2007: Report and Final Stages

 

5:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I move amendment No. 5:

In page 17, line 44, after "order" to insert the following:

"following consultation and agreement by the Council".

I commend this amendment to the Minister. I was unable to contribute to Second Stage due to a personal health setback. I wish to take this opportunity to emphasise what was stated by my colleague, Deputy Crowe, who spoke on Second Stage on my behalf. This Bill is necessary and its priority must be to ensure the best health care provision for patients through proper accountability and the highest standards of training for health professionals.

The core of the Bill and the subject of these amendments is the reform of the Medical Council. There has been much controversy on this matter and the representative bodies, both the IMO and the IHCA, were extremely pro-active. The last meeting I had on the Thursday night was a first-time experience with the IHCA. Little did I realise that within hours I would be dependent on their colleagues' professional services.

The arguments around this Bill centre on whether there should be a lay or medical majority on the council. I must state having given the arguments serious consideration, I do not have a difficulty with a lay majority. Whatever the case may be, the real question is who will represent the interests of patients. That is the most important thing to address. In our assessment of the matter we must ask whether the new Medical Council will serve the patient better. That is the question in the minds of most people, certainly all those interested in the passage of this legislation.

What is being attempted in amendment No. 5 is to strike a balance between self-regulation and public accountability. Taking on board that the immediate backdrop to the Bill is the dreadful experience of the women in the north east, as exposed through the Neary case, the shameful treatment of the women victims of that scandal, one must say that the Neary case was a classic example of self-regulation failing miserably and compounding the hurt and pain, as we saw in the address of the cases concerned by Mr. Neary's three colleagues. Following that there can be no doubt in anyone's mind that change was absolutely essential.

Legitimate concerns have been raised. I have listened carefully to the arguments of the IHCA representatives and I respect the positions articulated. They believe the Bill may in some respects go too far in one direction and confer too many powers on the Minister. My amendments and those of others on this Stage of the Bill's passage attempt to address those concerns.

Amendment No. 5 provides for consultation with, which is very important, and agreement of the new council before the Minister confers further functions or responsibilities on the council beyond those extensive powers and responsibilities already outlined in the Bill. That is a reasonable proposal which gives recognition to the integrity of the council. It makes very clear that the council is an integral component part of any consideration of future vesting of new responsibilities or remits. Before any proposal to widen same, the Minister must consult and secure the agreement of the council.

I commend the amendment to the Minister and hope she will recognise and appreciate the good sense in this and the good practice it would represent. I expect that the Minister and the House collectively will receive a good-hearted response from the varying interests that this Bill seeks to address. I commend the proposition to the Minister. Consultation and agreement of the council should be central to this area, specifically the widening of powers and responsibilities of the council in the future.

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