Mary Harney (Dublin Mid West, Progressive Democrats)

To be fair to the council, I do not believe it advocated a lay majority. I met the Medical Council after the heads of the Bill were published. We took on board many of its suggestions. I met it after the Bill was published, and again we made some changes based in particular on what I have said earlier, about case law being the appropriate test for the fitness to practise issue. We also agreed on some other areas. For example, we have removed in so far as it is practicable, difficulties in terms of the HSE having to provide for competence assurance. The HSE will have to do that and resources will not be an issue.

Subject to correction, I do not believe the Medical Council takes the view that there is a good deal of ministerial control and direction here, although perhaps some of its members might. Assigning new functions was in the existing Act. We did not have the type of corporate governance structures and framework for public bodies in place in 1978. Much has changed over the years and a greater level of accountability has come about in the intervening period. It was not an era of strategy statements and business plans. Public bodies did not operate to that type of agenda almost 30 years ago, so things have changed a good deal.

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