Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I move amendment No. 49:

In page 20, between lines 31 and 32, to insert the following: “Amendment of Nurses and Midwives Act 2011

15.The Nurses and Midwives Act 2011 is amended by the insertion of the following section after section 107:

“108.(1) A nurse or midwife resident in the State who has qualified or practised in Northern Ireland, Scotland, England or Wales may make an application to the Board to be registered in the register of nurses and midwives pursuant to this section.

(2) Subject to subsections (3) to (7), the provisions of this Act shall, with all necessary modifications, apply to—

(a) a section 108 registration as they apply to a registration in the register of nurses and midwives effected by another section of this Act, and

(b) a section 108 registrant as they apply to a registered nurse or registered midwife, as appropriate, who is not a section 108 registrant.

(3) No fee shall be charged for, or relating to—

(a) a section 108 application, or

(b) a section 108 registration or the retention of such registration.

(4) Where a nurse or midwife’s name is entered in the register of nurses and midwives pursuant to a section 108 registration, the Board shall enter in that register, or cause to be entered in that register, the term ‘(section 108 registration)’ immediately after the name to indicate that his or her registration arises from the operation of this section.

(5) (a) Nothing in this section shall be construed to prevent a nurse or midwife’s name from being entered in the register of nurses and midwives pursuant to the operation of another section of this Act, whether or not his or her name is already entered in that register pursuant to a section 108 registration.

(b) Where a nurse or midwife’s name is entered in the register of nurses and midwives pursuant to the operation of this Act (other than this section) when his or her name is already entered in that register pursuant to a section 108 registration, the Board shall remove from that register, or cause to be removed from that register, the latter entry at the same time as the first-mentioned entry is made.

(c) The refusal of a section 108 registration for a nurse or midwife shall not prevent that registrant from making an application under another section of this Act to be registered in the register of nurses and midwives.

(6) (a) Subject to subsection (7), each section 108 registration that is still in force on the 31st day of July 2020, shall, on and after that date,cease to have effect.

(b) The Board shall remove from the register of nurses and midwives,or cause to be removed from that register, on the date referred to in paragraph (a), or as soon as is practicable thereafter, each name that was entered in that register pursuant to a section 108 registration.

(7) (a) The Minister may, by order, specify a different date for the purposes of subsection (6) (including a different date for a previous different date specified in an order made under this paragraph), and if the Minister so specifies, that subsection shall be construed, with all necessary modifications, to take account of that first-mentioned date.

(b) Section 3(3) shall, with all necessary modifications, apply to an order made under paragraph (a) as that section applies to a regulation made under this Act.

(8) In this section—

‘nurse or midwife’ means a nurse or midwife, as appropriate, who is resident in the State but has practiced in another state;

‘section 108 application’ means an application under subsection (1);

‘section 108 registrant’ means a registered nurse or registered midwife,as appropriate, who is such pursuant to—

(a) the Board’s determination of a section 108 application, or

(b) a decision (howsoever called) of the Court arising from the Board’s determination of a section 108 application;

‘section 108 registration’ means registration in the register of nurses and midwives pursuant to—

(a) the Board’s determination of a section 108 application, or

(b) a decision (howsoever called) of the Court arising from the Board’s determination of a section 108 application.”.”.

The purpose of this amendment is to try to speed up the return of doctors, nurses and other clinicians to the country. We support the Bill and its efforts to streamline the reregistration of clinicians who have practised in the Republic of Ireland. However, as the Minister for Justice and Equality, Deputy Flanagan, said in his opening speech on Second Stage, that route would not be available for clinicians who have qualified in other countries. We believe that there is a pressing need to get as many clinicians as we can back into the country. The need is extremely urgent.

There are some obvious countries in which a high number of Irish doctors, nurses and other healthcare professionals have trained and worked and want to come back. For example, the NHS in the UK, as well as Canada, the United States, Australia, New Zealand and many other countries have a large number of women and men who would like to come back to Ireland and help out during this time of need for our nation. My understanding from various conversations with healthcare professionals is that serious administrative burdens are being put in their way. One nurse gave an account of trying to come back to work in Ireland. She qualified and works in the UK, but was told that in order to begin the process the HSE would need original transcripts of her nursing degree from Scotland. Given that the universities are closed, obviously that is not possible. While there may be legitimate concerns about bringing in healthcare professionals from countries which may have very different levels of clinical training and standards of clinical practice, I would argue that in the current emergency there are a great number of countries where that is not the case. This amendment seeks to streamline the process for foreign-trained clinicians to come back and help out.

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