Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I move amendment No. 2:

In page 25, to delete lines 21 to 36.

I have submitted this and similar amendments on which we had a discussion on Committee Stage. We need to open up a dialogue about what exactly is being proposed. The sanctions of admonishment and censure in the respective Acts are considered relatively minor and would not automatically be published where the appropriate regulatory body considered it was not in the public interest. I do not understand what the problem is with the original legislation or why there is a need to make changes at this stage. There is considerable confusion and concern among workers across the health service who are affected by these changes, such as nurses, physiotherapists, social workers, optometrists, doctors and dentists. Why is the Minister seeking to change the primary legislation in this way? The regulatory body may take the view that it is not in the public interest but this almost places an onus on the relevant body to publish.

I will give the Minister a small example of what I mean. Years ago, I represented a nurse who was accused of something that was minor but serious. When she committed the misdemeanour she was in the grip of an issue with addiction but she got her life back on track and, by the time she came before the fitness to practise committee, she had already come through it and was ready to go back to work. The committee took a very benign view but she was terrified that any reference to what she had done would be published, on the basis that she did not present a threat to anybody. She had had an incident but she had dealt with it and had come through it on the other side. Has the Minister had discussions with the representatives of the people who are going to be at the business end of this provision? Can he outline the rationale behind the provision? It seems to me to place an onus to publish. While we should always have a consideration of the public interest, we should also have consideration for the person who will have to deal with the consequences of this.

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