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Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: For clarification, it was not my intention to isolate one grade, group or category, although I accept that is how it looks. Sometimes, however, it is not in the public interest. Let us put aside the technicality of the amendment. I accept this is isolated to one group. Does the Minister accept there are scenarios where the sanction could be quite light? The offence, for want of a better...

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: There is not when people talk.

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: I move amendment No. 5: In page 36, to delete lines 30 and 31 and substitute the following: “33. Section 50 of the Act of 2005 is amended— (a) in the definition of “disciplinary sanction”, by the substitution of “section 66(1)” for “section 65(1)”, and (b) by the substitution of the following for the definition of “poor...

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: I do not have access to the same facilities as the Minister, but my intention was to legislate for the Corbally judgment. The concerns I raised have not been addressed by his response. It is imperative that we legislate for this. The intention when the judgment was issued was fairly clear. It was a landmark judgment and the dismissal of the Medical Council's appeal was unanimous. From my...

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: Yes.

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: I move amendment No. 7: In page 41, to delete lines 1 to 14. This section is opposed for the same reasons as I outlined in respect of previous amendments. It has to do with publication. The Minister and I have had a discussion and we agree that we must put the public interest first. I am seeking only to afford a modicum of protection to an individual against whom a finding, even a...

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: May I speak on amendment No. 9?

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: That is fine.

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: I move amendment No. 10: In page 53, between lines 2 and 3, to insert the following: “ ‘poor professional performance’, in relation to a registered pharmacist, means a serious error or failure or a series of errors or failures of the registered pharmacist to meet the standards of competence that may reasonably be expected of a registered pharmacist;”.

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: No.

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: I move amendment No. 12: In page 63, between lines 16 and 17, to insert the following: “(viii) by the substitution of the following definition for the definition of “poor professional performance”: “ ‘poor professional performance’, in relation to a medical practitioner, means a serious error or failure by the practitioner to meet the standards...

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: No.

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: I welcome the clarity the Minister has given. For the avoidance of any doubt and to be a bit belt and braces about the whole affair, this is not intended as a vehicle by which people who have a lawful entitlement, which I would not interfere with, to a contract of indefinite duration are now practising as consultants. It is explicit and recorded in the House that this is intended to deal...

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: I move amendment No. 15: In page 109, to delete lines 34 to 37, and in page 110, to delete lines 1 to 16.

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: No.

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: I move amendment No. 17: In page 116, between lines 12 and 13, to insert the following: “(iv) by the substitution of the following definition for the definition of “poor professional performance”: “ ‘poor professional performance’, in relation to a nurse or midwife, means a serious error or failure by the nurse or midwife to meet the standards...

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: No.

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: 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...

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: Let us wait and see. Can the Minister confirm that as part of the preliminary proceedings or the fitness to practise committees, there will be a member of the profession on which the adjudication is being made, for example, a nurse where the adjudication is on a nurse and a midwife where the adjudication is on a midwife? My intention is to ensure that happens. I do not want to undo...

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Report and Final Stages (6 Nov 2019)

Louise O'Reilly: I see them nodding.

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