Mary Harney (Dublin Mid West, Independent)

Part 4 includes provisions for the membership, committees and employees of Bord Altranais agus Cnáimhseachais na hÉireann. The board will have 23 members, of which 11 will be nurses or midwives. Statutory provision is made for two committees relating to the fitness to practise functions of the board - the preliminary proceedings committee and the fitness to practise committee. Part5 deals with the accounts of the board. The board will continue to be funded by fees paid by nurses and midwives, but the Minister for Health and Children may provide financial assistance relating to its functions under Part 11. Part 6of the Bill provides for the registration of nurses and midwives. Only individuals who are registered by the board can practise as a nurse or midwife. Section 46 provides for three registers, the nurses and midwives register, the candidate register and the AMP/ANP posts register. A number of divisions are specified for these registers and the board may create additional divisions by rule. Section 49provides for the registration as an advanced nurse practitioner or advanced midwife practitioner which is linked to employment or offer of employment in the advanced practitioner post.

Part 7 relates to complaints regarding registered nurses and midwives. It details the grounds for complaint, which have been expanded to include a number of additional grounds including inappropriate behaviour. Part8 provides for the conduct of inquiry by the fitness to practise committee. The hearing will generally be held in public unless decided otherwise following a request. The powers and protection relating to witnesses and evidence are specified. It also provides for a situation where the nurse or midwife consents to a censure or remedial action. It provides for the report from the fitness to practise committee to the board and the steps to be taken by the board on receipt of the report.Part 9relates to the sanctions which can be imposed by the board following a finding against a nurse or midwife. The confirmation of the High Court is required for all sanctions imposed except for an advice, admonishment or censure in writing or where remedial measures have been agreed. Provision is made for the right to appeal to the High Court.

Part 10 provides for the roles of the board and the Health Service Executive with regard to nursing and midwifery education and training. The Health Service Executive will facilitate the education and training of nursing and midwifery students. The Health Service Executive will promote specialist nursing and midwifery education and training. It shall also undertake appropriate workforce planning in order to meet the needs of nursing and midwifery specialist staffing and training of the public health service. Part 11 places a duty on nurses and midwives to maintain their professional competence on an ongoing basis. The board can require a registered nurse or midwife to demonstrate their professional competence at any time and nurses and midwives are required to comply with any board direction relating to their professional competence.

Part 12 provides for the dissolution of the National Council for the Professional Development of Nursing and Midwifery. The employees, rights, liabilities and property of the national council will transfer to the board. Employees' conditions of service and pay will be no less beneficial than those which currently apply. Part 13 provides for a number of miscellaneous matters, including that a clinical supervising authority will perform the functions of clinical supervising authorities as specified by rules. It also provides for matters which are absolutely privileged in any action for defamation. Provision is made that the board may investigate unregistered persons suspected of practising nursing or midwifery or claiming to be registered in contravention of this legislation.The Scheduleoutlines the tenure of office of the board, proceedings relating to resignations or termination of membership and the filling of casual vacancies, the quorum required for meetings of the board, meetings, the role of the president and vice-president and the proceedings at meetings.

In conclusion, this Bill will put the governance of nursing and midwifery on a modern and robust footing, with the public interest and patient safety at its centre. It contains many elements that form the vision for nursing and midwifery that has emerged over many years of reflection on the professions and their role in the Irish health service. It will ensure protection of the public and support nurses and midwives in enhancing the high standards of education, training and competence of these professions, which will result in public confidence in their practice. I urge a thorough and considered examination of its provisions, with a view to its early enactment. I commend the Bill to the House.

See this speech in context