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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...

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

Louise O'Reilly: I fully appreciate that and agree that it is fair. It balances things out. However, I am concerned about people who were not in that scenario back then but are now by virtue of experience. Given the nature of healthcare delivery and the recruitment crisis in the health service, people who would not be eligible to be on the specialist register are now acting as consultants. Would they not...

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

Louise O'Reilly: I was going to ask for that.

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

Louise O'Reilly: Could the explanatory note outline how the small group is included while the other group to whom I referred - the contracts of indefinite duration group, for want of a better term - is specifically and explicitly excluded? If the note could take that form, it would be very helpful.

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

Louise O'Reilly: It is agreed, subject to the clarifications we have been promised.

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

Louise O'Reilly: The Minister of State must hurry up.

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

Louise O'Reilly: I oppose this section for the same reasons as previously discussed, which relate to the publication of proceedings.

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. 47: In page 112, between lines 1 and 2, 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 of...

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

Louise O'Reilly: I have a note on section 47.

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

Louise O'Reilly: It relates to a fitness to practise committee making a finding against a nurse if there is no nurse or midwife on the committee.

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