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

I move amendment No. 18:

In page 118, to delete lines 36 to 39, and in page 119, to delete lines 1 to 3 and substitute the following: “(c) by the insertion of the following subsection after subsection (11):

“(11A) (a) Subject to paragraph (b) herein, paragraph (a) of subsection (11) shall not apply to the Preliminary Proceedings Committee except in relation to the Committee’s initial consideration of a complaint made before the date of coming into operation of section 129 of the Regulated Professions (Health and Social Care) (Amendment) Act 2019.

(b)Where the Preliminary Proceedings Committee, or a subcommittee thereof, is considering a complaint referred to that Committee—

(i)if the complaint concerns a registered nurse, at least one member of the Committee or subcommittee shall be a registered nurse, and

(ii)if the complaint concerns a registered midwife, at least one member of the Committee or subcommittee shall be a registered midwife.

(c)Subject to section 63, paragraph (a) of subsection (11) shall not apply to the Fitness to Practise Committee except in relation to the Committee’s inquiry into a complaint made before the date of coming into operation of section 129 of the Regulated Professions (Health and Social Care) (Amendment) Act 2019.”,”.

This amendment is submitted to avoid what I hope is an unintended consequence of preliminary proceedings of fitness to practice committees adjudicating on a matter concerning a nurse in the absence of a nurse sitting as part of that committee or similarly adjudicating on a matter concerning a midwife in the absence of a midwife sitting on the committee. It is proposed that the Bill be so amended. To be honest, I thought this was an oversight. Where a member of a regulated health profession is being adjudicated upon, it should be made explicitly clear that a member of the same profession should sit on the preliminary proceedings of fitness to practice committees.

I have discussed this matter with individuals who take these cases and it is their belief that this provision is absolutely essential. I also raised the issue on Committee Stage and it has not been addressed. I will press the amendment to a vote because it is my understanding that the people involved feel extremely strongly about the issue. They initially believed this was an oversight and I thought an amendment would have been made in the intervening period. Since that has not happened, I will press this amendment.

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