Peter Fitzpatrick (Louth, Fine Gael)

I wish to share time with Deputy Tom Barry.

The Veterinary Practice Act 2005 provides a very general definition of "practice of veterinary medicine", which has proved to be lacking in certainty. It includes procedures traditionally carried out by people who are not qualified as veterinarians. This leaves the practice of such procedures by non-veterinarians very much open to criminal sanction. Fines of up to €320,000 or ten years in prison are set out under the relevant sections for repeat offenders.

The Bill proposes to give the necessary power to the Minister for Agriculture, Fisheries and Food to make recommendations that would exclude certain aspects of the definition of "practice of veterinary medicine". In other words, certain procedures that would only be carried out by a qualified veterinarian or veterinary nurse would no longer be reserved for these people. It is hoped this amendment to the Act will provide proper legal certainty for such people.

The Bill will make technical amendments to the 2005 Act based on experience since it was brought into effect in 2006. For example, the Veterinary Council of Ireland has expressed concern that some of the activities carried out by persons not qualified as veterinarians may amount to the practice of veterinary medicine under the 2005 Act. Physiotherapists and equine dentists have expressed a view that some procedures are inadvertently covered by the definition. This, however, was not the intention behind the 2005 Act, yet it has the potential to cause some confusion and perhaps lead to litigation. The Department of Agriculture, Fisheries and Food concludes that legal certainty and clarity are needed to allow certain procedures to be carried out and to offer services to farmers and other animal owners where a qualified veterinarian or veterinary nurse is not required and where the need to protect animal welfare comes into play.

The main purpose of the amending legislation is to make clear the definition of "practice of veterinary medicine". When the Veterinary Practice Act 2005 came into being, it did away with the Veterinary Council. It repealed the Veterinary Surgeon Acts 1931 to 1960 and established the Veterinary Council of Ireland, VIC. The latter's membership reflects a broad spectrum of people, with an interest in education, consumer affairs, food safety and animal welfare. The council was given functions such as keeping registers, establishing a code of conduct and approving certain programmes of education, and it was given investigative powers in regulating the profession in addition to imposing sanctions on members.

The Minister retains the power to give general policy direction and ultimately to remove the Veterinary Council of Ireland should it fail to carry out its functions. However, when the 2005 Act was introduced, the Minister found there were some faults and weaknesses in the disciplinary procedures and sanctions that previously obtained, and a lack of proportion in the range of sanctions offered.

The 2005 Act reformed the fitness-to-practice provision so there would be more transparency in disciplinary procedures. It also established the Veterinary Nurses Board of Ireland and recognised statutorily the veterinary nurse profession. This group had no legal status, which was identified as a key restriction in engaging in the profession. The Act sets out a number of functions that veterinary nurses can carry out, but which can only be done under the supervision of a veterinarian.

The 2005 Act introduced for the first time a definition of "veterinary medicine" that means it is an offence for anyone other than a veterinarian to practice veterinary medicine. The primary purpose of the Veterinary Practice (Amendment) Bill is to provide clarity in the definition of "practice of veterinary medicine", as referred to in the 2005 Act. The definition in the Act is now regarded as lacking in certainty considering that taking part in the practice of veterinary medicine without the proper qualifications is an offence.

The vagueness of the definition has now become problematic. With this in mind, the Minister proposes to amend the 2005 Act by inserting new provisions that would empower the Minister for Agriculture, Fisheries and Food to make regulations prescribing procedures that may be carried out by non-registered persons, that is, non-veterinary professional. The Minister would also be able to prescribe in the regulations certain requirements that would be applicable to a non-registered person carrying out a special procedure. These could relate to training; special skills; being a competent member of a prescribed body; an obligation to consult a registered person before carrying out a procedure; having indemnity insurance; the maintenance of records; and other prescribed conditions. In this way, the Minister can allow someone who is not a registered veterinarian to carry out a certain procedure but, for example, require a person who is performing the procedure to demonstrate certain skills and competencies or undertake specified training and be appropriately insured. The amendment to the 2005 Act is designed to ensure persons not qualified as veterinarians can carry out certain procedures without fear of prosecution.

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