Results 7,061-7,080 of 12,402 for speaker:Louise O'Reilly

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

Louise O'Reilly: I have already outlined the reasons I will be opposing this as I am deeply concerned. It is not that anything should be kept from the public, where it is in the public interest, but it has to be absolutely balanced with the impact that publication has on a person's life. One must consider, with the best will in the fastest process in the world, that these things still take a long time. By...

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

Louise O'Reilly: I appreciate that but in my experience, that discretion is seldom, if ever, exercised. We must be very careful and we must absolutely protect the public interest where it is in the public interest to publish. Erring on the side of:"we will publish unless there is" is a necessary discretion. If I am hearing the Minister of State correctly, the appeal would be the event that the regulatory...

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

Louise O'Reilly: Again, one is back at the High Court, with one small individual versus a massive team.

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

Louise O'Reilly: The regulatory body could decide if it was in the public interest to make a recommendation on that basis. The purpose of this exercise is to tease it out, and if I am reading incorrectly, I am perfectly willing to be corrected on that. The way that it is published is that there will always be publication unless there is a substantial reason not to, whereas it might be weighted the other way...

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

Louise O'Reilly: As things currently stand, is it the case for all regulators that a minor censure or admonishment, rather than a striking off, is automatically notified to the High Court?

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

Louise O'Reilly: That is my point. At the end of hearing, one goes back for a confirmatory hearing. One is sent the result, if I recall correctly. I only have experience with one regulator and the system has changed somewhat. My recollection is that one gets a result, goes back in for the confirmation and then one makes the case in situations where the issue is minor. One does not go to the High Court...

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

Louise O'Reilly: I wish I had the Minister of State's confidence that inappropriate issues will not get through the net. They will and they do. It is not fault of any one person but it happens. The potential exists within this legislation to wreck a person’s life. I have serious concerns about this.

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

Louise O'Reilly: Yes but for admonishment or censure, this is new; it is a new departure. Such cases do not currently go to the High Court but they will when this legislation is enacted. There are three sets of people involved in this, namely the regulators, the general public and the registrants. The rights and entitlements of all must be balanced and I do not believe this legislation is being fair to...

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

Louise O'Reilly: No, it is not agreed.

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

Louise O'Reilly: I move amendment No. 23: In page 34, between lines 30 and 31, to insert the following: "Amendment of section 50 of Act of 2005 29. Section 50 of the Act of 2005 is amended by the substitution of the following for the definition of "poor professional performance": " 'poor professional performance', in relation to a registrant of a designated profession, means a serious error or failure...

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

Louise O'Reilly: As the Minister of State noted, this issue arises out of the Corbally judgment. I do not accept, as he has suggested, that the judgment is incorporated into this legislation. The court unanimously dismissed the Medical Council's appeal against the High Court's quashing of a council decision that Professor Corbally should receive an admonishment for a once-off error. The court found that...

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

Louise O'Reilly: Will the Minister of State agree that the ramifications of the Supreme Court's judgment need to be incorporated into primary legislation? We cannot leave it to case law to determine this matter or to set a precedent. There is a salutary lesson for me in what is going on in another jurisdiction in leaving things to precedent. It is important that the judgment in the Corbally case be...

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

Louise O'Reilly: We are in agreement on the intention but not the wording.

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

Louise O'Reilly: I oppose section 36 for the reasons already outlined in dealing with amendment No. 12. We have had a discussion on the effectiveness and impact of publication. The Minister of State is aware of my concerns about the need to balance the rights of the regulator with those of the general public and the registrant. There are three actors in any scenario. The current system provides for an...

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

Louise O'Reilly: I move amendment No. 30: In page 49, between lines 32 and 33, to insert the following: "Amendment of section 33 of Act of 2007 49.Section 33 of the Act of 2007 is amended by the substitution of the following for the definition of "poor professional performance": " 'poor professional performance', in relation to a registered pharmacist, means a serious error or failure of the...

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

Louise O'Reilly: For the reasons I have already outlined, and I will not go through them again, I oppose section 59.

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

Louise O'Reilly: I move amendment No. 35: In page 59, between lines 34 and 35, 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 of competence (whether in knowledge and...

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

Louise O'Reilly: This is about the difference between qualifications and experience and training. Recognition of experiential learning is covered by the Act that deals with qualifications and quality. Is the Minister of State saying the cohort of people who will be captured by this provision comprises those who are eligible for admission to the register not by virtue of their experience but by virtue of...

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

Louise O'Reilly: Why were they not eligible?

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

Louise O'Reilly: I do not think we are referring here to people who could not be bothered; we are talking about people who were on maternity leave, on sick leave or who were not in a position to do it at the time. They were given the five years to get whatever qualifications were required to move themselves over but they did not do that in the time provided. Is the Minister of State certain that we are only...