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

Tim O'Malley: No.

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

Tim O'Malley: That is right.

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

Tim O'Malley: A partnership Government.

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

Tim O'Malley: Senator Henry is correct that the two professions, physiotherapist and physical therapist, are totally different. They have different educational criteria and requirements for entry. Both also admit that they do separate jobs. I cannot understand how they could be synonymous in anyone's reading. My reading and the advice from the Department is that if the amendment is agreed, the issue will...

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

Tim O'Malley: This debate is interesting and useful. The Disability Bill is currently going through the Dáil. I have a great interest in that as Minister of State with responsibility for disability services. One of the problems I meet in my area is the lack of therapists in this regard. We need more therapists, not just in this area but in psychotherapy and many other areas. We need more professional...

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 do not think it would be covered under the law.

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

Tim O'Malley: For the information of the House, as none of the Senators referred to this, I understand physical therapists are employed by some health boards and are doing an excellent job for quite some time in situations where health boards could not employ physiotherapists because they were not available.

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

Tim O'Malley: I am prepared to accept in principle the increase in fine proposed by Senator Browne in amendment No. 25, subject to further discussion with the Office of the Attorney General. If the office is in agreement I will table an appropriate amendment on Report Stage. However, in the case of the proposal that a provision be inserted to allow the Minister to increase the fine in accordance with...

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

Tim O'Malley: The operation of grandparenting provisions will be critical to the effective establishment of a system of statutory registration. If a person applies for registration under this section, that is through a grandparenting process, he or she must, in addition to possessing a listed qualification or alternatively completing a test of professional competence, satisfy the board that he or she is a...

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

Tim O'Malley: They must prove their competence.

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

Tim O'Malley: I have been lobbied by several groups which are not among the 12 specified in the Bill. This is an enabling Bill and the Minister for Health and Children will give due consideration to the requirements of public safety as well as the fact that we lack therapists in certain areas who are needed to provide proper services to the public. If the Bill is passed, the three groups about which we...

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

Tim O'Malley: I am aware of the views of the Association of Clinical Biochemists in Ireland on the desirability of postgraduate qualifications for all biochemists and its advocacy of extensive related changes to the biochemist grading structure. However, Schedule 3 must continue to take account of current stated arrangements to accommodate the registration of existing practitioners within the time frame...

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

Tim O'Malley: The maintenance of a comprehensive, accurate and up-to-date register of practitioners is a main function of each registration board and is clearly pivotal to the effective discharge of the role of each board. The registrants also have an important responsibility to keep the relevant board informed of any changes in their registration details. Section 44 specifies a number of detailed...

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

Tim O'Malley: I presume the Senator is not referring to voters' registration. I am not aware of and I would be delighted if the Senator could inform me of any register that has not been updated. My understanding of the professions is that the registers must be updated annually. I have no problem with adding the phrase "on an annual basis" to section 45, which states, "publish its register in the manner,...

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

Tim O'Malley: I will accept that.

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

Tim O'Malley: Section 45(1) states: Subject to subsection (2), a registration board shall— (a) make its register available for inspection by members of the public at all reasonable times,... I presume this covers the Senator's requirements.

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

Tim O'Malley: Any reasonable person would understand the term to mean that the register will be available for inspection during office hours, rather than 3 a.m. on a Sunday, for example. From my experience this is also the practice.

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

Tim O'Malley: As the Senators will be aware, given the potential implications for a practitioner's livelihood, all decisions of the council in the disciplinary area are subject either to appeal or confirmation by the High Court. It is essential in this regard that the council behaves at all times strictly in accordance with the principles of due process. The fitness to practise procedures contained in the...

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

Tim O'Malley: I understand the Senator's views on this issue and she is correct that we are all aware of cases that arose in the past. The professions and the general public accept that much of what happened in the past was not correct. I understand that the medical practitioners Bill and other legislation to come before the Houses will include whistleblower provisions in that there will be an onus on...

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