Mary Harney (Dublin Mid West, Progressive Democrats)

I move amendment No. 51:

In page 49, line 12, to delete "A" and substitute "Subject to subsections (2) and (7), a".

I understand why Deputy Twomey has concerns in respect of this provision. However, it is included for the purpose of correctly transposing certain provisions of Directive 2005/36/EC, which relates to the provision of services on a temporary and occasional basis by visiting medical practitioners. The provisions of the directive reflect case law of the European court of Justice which has stated that the provision of services cannot be delayed unnecessarily by requiring a person who is lawfully established in another member state to again undergo a full registration process in the member state he or she is visiting. However, the directive provides for a process of temporary, automatic or pro forma registration to be undertaken to allow for the application of disciplinary procedures in the host member state. In this way the directive differentiates between registration for the purposes of a more permanent establishment and registration for the temporary and occasional provision of services. I hope what I have said may reassure the Deputy.

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