Paul Connaughton Snr (Galway East, Fine Gael)

Another aspect of the Bill is the proposal to introduce a two-part fitness to practise structure which would bring the eventual Nurses and Midwives Act into line with the Medical Practitioners Act 2007. To be brought to the same level is a fundamental matter for all nurses. When the 2007 Act was being considered by the Oireachtas, many nurses asked me why legislation governing them was not proposed at the same time. I assume at the time it was believed this would follow quicker than it did. This structure provides for the establishment of a preliminary proceedings committee to give initial consideration to complaints and an internal fitness to practise committee to conduct inquiries. Like most things in life, it is important to strike a balance. As is the case with TDs, civil servants, gardaí or any other group in the world, there is always a bad apple in the barrel and we all have to accept that. We are all human beings and that is the way we are. It is important, however, that a reasonable procedure be implemented. On the one hand, patients must have the absolute right to be properly, humanely, compassionately and professionally treated but, on the other, even if our Lord himself was present, it would be hard to please the odd patient. As Deputy O'Sullivan said, it would be bad policy if it transpired that a foolish, frivolous complaint with no standing whatsoever was made public and a medical professional dragged through the mire. I fully appreciate that such complaints stick, regardless of whether they are unfounded. However, if my understanding is correct, under the legislation an informal inquiry will take place first to sift through the detail of the complaint and, depending on its relevance, it can then proceed to the next level. I like this process and the Garda has a similar process. It will mean that frivolous complaints made to create trouble for everyone can be identified before they go too far.

I have stated repeatedly at meetings of the Oireachtas Joint Committee on Health and Children, of which I am a member, that the role of HIQA, the supervisory agency for nursing homes, is important. Its role under this legislation to ensure patients are properly looked after will be as important. Patients, irrespective of what stage in life they are at, be they young, giving birth to a baby or lying on the broad of their backs in their 90s in a nursing home, should expect to be cared for with dignity and decency and to be given a professional service, for which they pay directly or indirectly. It is against that background that I assume the Bill will fit that model, which I hope will be balanced. If there is wrong on any side, I also hope it will be rooted out.

At the end of the day, we are blessed in this country with the application and dedication of our nurses and midwives. I have seldom met a nurse or midwife who did not want to do the right thing, no matter what the circumstances were. Most of them will agree with that and, against that background, the legislation will enhance their role in society. They have nothing to fear. I understand there has been a great deal of briefing of, and discussion with, the various stakeholders and, with the exception of the few sections that I do not particularly like, I wish the legislation well.

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