Mary Harney (Dublin Mid West, Progressive Democrats)

It was a social occasion in a private home and the only aspect we discussed was the lay majority. We did not discuss the minutiae of this Bill. Most people rely on their representative bodies or read the media and take an interest only if it is relevant to them. Doctors are concerned that minor matters and vexatious complaints will not result in an appearance before fitness to practice inquiries and their professionalism and reputation queried in an unfair fashion. The Prospectus and Brennan reports drew attention to the need for greater accountability by public bodies in the health sector. In line with initiatives by the Department of Finance with regard to public bodies in general, the Department of Health and Children issued a framework of governance document that is in line with this Bill. It outlines the form the strategy statement should take rather than the content. It should conform with the form that applies to all regulatory and statutory bodies under the aegis of the Department of Health and Children.

Competence assurance is a fundamental part of this Bill but we must wait a while before it is in place. Power in this regard is important for patient safety. A range of mechanisms are open to the Medical Council, including the preliminary hearings committee, the health committee and the mediation process. Fitness to practice applies to serious cases and immunity for doctors who report others is a matter that concerns doctors. We did not agree with everything proposed during our widespread consultation but much of this Bill is informed by representations and consultation, before and after the heads of the Bill were published.

The only duty of a member of the Medical Council is to the council. The member does not sit in a representative capacity to report to another. It is important to have a broader perspective on the council and on bodies generally. This can inform the work of a regulatory body.

I am accused of having too much control. When the Accounting Officer position was given to the HSE I was accused of giving away too much power. It seems I cannot win. Policy is decided by the Minister and the Government and its implementation is a matter for the HSE. It is not my role to receive tenders for co-location, sign contracts or decide on weightings. I do not have the competence to do so, nor would it be appropriate. That is the role of the HSE, availing of expertise to inform it, including outside legal expertise.

The amendment is in line with what is required of all public bodies under the aegis of the Department. It is good practice in respect of accountability and effectiveness.

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