Results 281-300 of 2,629 for speaker:Tim O'Malley

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: Regulation often tends directly or indirectly to reduce competition unless adequate safeguards are put in place to prevent it. There is a substantial body of informed literature in Ireland and elsewhere demonstrating that professional regulation can all too easily result in restrictions with adverse economic impacts. In the Bill the level of lay representation on the council and the...

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: It is unnecessary.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: The definition of a member state set out in subsection (6) on page 27, line 14, includes Ireland, therefore, a national of a member state includes an Irish national.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: I understand what both Senators are alluding to. The section dealing with the continuing education of professionals is extremely important. The main objective of this Bill is to protect the public. The circumstances in which a practitioner who has discontinued his or her registration should be restored to the register warrants very careful consideration. Section 31(1)(g) provides that each...

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: Yes.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: I accept that.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: I thank both Senators for bringing this matter to our attention. I have no problem with the suggestion made and we will try to facilitate it.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: It can be done in the context of other higher professions.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: The composition of committees of inquiry is critical to the credibility, transparency and accountability of the proposed regulatory system. The committees must have the expertise, capacity and commitment to effectively discharge the key responsibilities assigned to them in the Bill. They must also strike a balance between the requirement to ensure that the professional and clinical dimensions...

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: Section 22(1) provides that the council "may make rules" to provide for the "membership, functions and procedures of committees". It is expected that such rules would relate to matters such as quorums. The Department will examine Senator Henry's suggestion.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: Any citizen of Ireland who is a member of a profession has a constitutional right to a fair hearing, irrespective of where an alleged offence may have taken place. It is important to include the provision in section 51(2) to cover that matter.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: It is integral to the standing, authority and credibility in the eyes of the public, including registrants, of the health and social care professionals council that it should maintain and be seen to maintain the highest standards of probity and integrity. An issue would arise, therefore, if a complaint were made about a member of the council. I accept the principle of Senator Browne's...

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: This matter is covered by section 52.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: Section 52(6) states: Before forming an opinion on whether there is sufficient cause to warrant further action being taken in relation to the complaint, the preliminary proceedings committee shall consider— (a) any information supplied under this section concerning the complaint, and (b) whether the matter is trivial or vexatious or the complaint is without substance or made in bad faith.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: Yes, I do.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: Yes.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: Owing to the potentially personal and sensitive issues that might arise in the course of conducting an investigation before a health committee, it is proposed in the Bill that its hearings be held in private, unless the registrant specifically requests otherwise regarding all or part of the hearing. It is accepted that, as is proposed in the case of an inquiry carried out before a...

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: I take that point, which I will have to discuss with the Parliamentary Counsel.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: I understand that it is the person's constitutional right to go to the High Court if he or she wishes. That right must therefore be included in the Bill. If one omitted it or inserted something else, one could be deemed to be acting unconstitutionally.

Seanad: Health and Social Care Professionals Bill 2004: Committee Stage (Resumed). (25 Nov 2004)

Tim O'Malley: No.