Results 6,981-7,000 of 7,823 for speaker:Jim Daly

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: I move amendment No. 10: In page 24, lines 4 and 5, to delete "or her".

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: I move amendment No. 11: In page 24, line 12, to delete "or her".

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: We will deal with the issue of compulsory publication or otherwise in a separate section. The Bill provides, in any event, that regulators will have the discretion to publish, or not, information they receive about health professionals sanctioned in other jurisdictions. This includes notification to the HSE and an employer, where known. This is particularly important given the free...

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: Yes, there have been discussions with representatives and it is due to come up and will be probably more appropriate in the future. In other words, when we progress further in this meeting we will be dealing specifically with that issue and I can address it then, if that is okay with the Deputy.

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: I move amendment No. 13. In page 26, line 37, to delete “subsection.”.” and substitute the following: “subsection. (3) The Council shall not publish anything under this section which is inconsistent with a decision (if any) of the High Court arising from the performance of a function under section 39(3) or (4), 40(3) or...

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: As the Deputy has outlined what I mentioned already, there is scope here now, as a result of the concerns she has raised, to leave it to the discretion of the High Court. It is only at that stage that a decision to publish can happen in any event. At that stage there is a facility for the High Court to say, yes, I agree or accept that there are extraneous, extraordinary or unusual...

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: All decisions have to be notified to the High Court, in any event. It is only at that stage that publication can happen. There is an opportunity at that stage for an appeal to be made not to publish.

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: What we have to decide is who will decide whether it is to be published or not. Who would the Deputy propose should make the decision whether it be published or not?

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: The difficulty we face here collectively is putting that into legislation, and how we would word this particular option of not publishing, unless it is in the public interest. When one legislates, as the Deputy is aware, there is no room for doubt. What we are talking about is extraordinary, special circumstances where there are legitimate reasons not to publish. All of us accept that they...

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: Not at the moment but once the Bill is enacted, that will be the case.

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: The Deputy must remember the point I made earlier about the threshold for a fitness to practise committee to sit and investigate. We are not in the territory of minor incidents here. This is somebody’s fitness to practise being questioned and that cannot happen or be entertained by the Medical Council unless the case is deemed by the council to be serious. To go back to my analogy...

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: Again, what is the objective of these provisions? It is to protect the public on one hand and to protect the registrant on the other. We are trying to balance their rights. Essentially, what this legislation is all about is building confidence in the function of regulators. The right to publish is essential in order to have an open, transparent, fully accessible, accountable and credible...

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: I absolutely respect the Deputy's background and front-line experience in this area. I am listening intently to the points she is making and am doing my best to explain my perspective on this. We can unpick this bit by bit if we take a sectoral or silo-like approach but if one stands back and looks at the system in its entirety, taking into account the threshold for a fitness to practise...

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: I move amendment No. 14: In page 26, line 40, to delete “or her”.

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: I move amendment No. 15: In page 27, line 27, to delete “the” and substitute “this”.

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: I move amendment No.16: In page 30, line 17, after “post” to insert “or electronically”. Regulators are increasingly switching to electronic or Internet-based registration systems. The provisions for notifications in the Bill require prepaid post. These amendments are designed to give regulators the option to issue notifications about registration by e-mail...

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: I move amendment No. 17: In page 31, line 12, to delete "2016" to substitute "2016)".

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: I move amendment No. 18: In page 31, between lines 29 and 30, to insert the following: "Amendment of section 10 of Act of 2005 25. Section 10 of the Act of 2005 is amended, in subsection (1), by the substitution of "otherwise" for "othereise".".

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: I move amendment No. 19: In page 31, between lines 29 and 30, to insert the following: "Amendment of section 31 of Act of 2005 26. Section 31 of the Act of 2005 is amended, in subsection (1)(fa)(i), by the substitution of the following clause for clause (II): "(II) was awarded both a Bachelor of Science in Applied Health Science by the Institute of Physical Therapy and Applied Science...

Select Committee on Health: Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Committee Stage (25 Sep 2019)

Jim Daly: Amendments Nos. 39 and 40 deal specifically with the issue the Deputy has raised. Amendments Nos. 19 and 20 deal only with CORU, which is the body that regulates physiotherapists. The later amendments deal specifically with consultants and the specialist register. Is the Deputy agreeable to waiting until we reach those amendments?