Mary Harney (Dublin Mid West, Progressive Democrats)

There is a misunderstanding. Deputy Ó Caoláin's amendment sought to insert the clause "following consultation and agreement by the Council", that is, a Minister would only give a direction or extend the council's functions if it was consulted. It would be inappropriate to allow a council to decide against taking more functions. It is not the case that the council can ignore the directions, as it is obliged to follow them. They relate to public policy on education, EU directives and so on rather than operational, fitness to practise or ethical issues.

I agree with Deputy McManus in that it is important that the profession has confidence in the council. Regulatory bodies are to regulate in the public's interest, but it would be foolish not to regulate with the profession's confidence in the regulatory function. The Bill aims to support doctors and regulate in the public interest. The representative bodies have issues regarding the legislation and, on foot of some of the representations made, we made changes after the draft heads were published. However, many doctors, particularly those who are younger, are happy with the legislation and will have confidence in it.

Referring to a comment made by Deputy Ó Caoláin, the new council will probably not be appointed until July following the regulations being made and the elections taking place, but it would be my intention as the appointing Minister to appoint people who represent patients' interests in so far as they can be identified. There are a number of organisations. There are also extraordinary, talented and experienced people, notwithstanding the negative experiences in some cases, who have made invaluable contributions to public policy in a number of areas and who would make similar contributions to the functioning of the council. The directions only relate to public policy issues, not operational or ethical matters.

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