Results 781-800 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. 4: In page 21, line 5, after “person” to insert “as”. With the exception of amendment No. 18 in this group, which corrects a typographical error in section 25 of the Health and Social Care Professionals Act 2005, the rest of these amendments correct typographical or minor drafting errors in the Bill. These amendments should address all of...

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

Jim Daly: Is the Deputy referring to the onus on the registrant to make a declaration?

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

Jim Daly: To which specific section is she referring?

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

Jim Daly: If the Deputy is agreeable, I will address that point later. If we move through the procedural side, we can then discuss any substantive issues the Deputy wishes to raise.

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

Jim Daly: I move amendment No. 5: In page 22, line 6, to delete “or her address” and substitute “address as”.

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

Jim Daly: I move amendment No. 6: In page 22, lines 8 and 9, 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.7: In page 22, line 17, 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. 8: In page 22, lines 28 and 29, 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. 9: In page 23, line 40, after “decision” to insert “to the Court of Appeal”.

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

Jim Daly: I thank the Deputies, who made very reasonable points. It is not the sanction but the finding that is appealed. Reference was made a number of times to a minor sanction but it is the finding, which is on a person's professional conduct and fitness to practise, which is very serious, that is appealed. A finding can impugn a person's professional good name. That brings up the level of...

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

Jim Daly: It goes back to a person's good name as a professional practitioner, which is integral to anybody. To protect that, it is deemed appropriate that an office such as the High Court would be the appropriate office when a person's good name has been challenged by his or her employer. It is essentially still focusing on the registrant and keeping him or her in mind but that right is a very...

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

Jim Daly: I assure members there is no problem if they want any clarity between now and Report Stage. Of course the officials would be happy to sit down and discuss this. There are a lot of precedents that inform these kind of decisions, namely the existing judicial system in Ireland. If one is caught for a misdemeanour or an offence under the Road Traffic Act, 1961, he or she goes to the District...

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

Jim Daly: This could be dealt with better in a less formal forum. I will try to deal with some of the issues. To answer Deputy Donnelly's question on whether other options were considered, which I may not have answered earlier, the answer is that they were. There is no question about that. There is existing legislation in place which this amends. We must keep mind of existing legislation and that...

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.