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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?

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

Jim Daly: I move amendment No. 20: In page 31, between lines 29 and 30, to insert the following: "Amendment of section 38 of Act of 2005 27. Section 38 of the Act of 2005 is amended— (a) in subsection (1), by the substitution of the following paragraph for paragraph (ca): "(ca) where the board has made a bye-law under subparagraph (i) or (ii) of section 31(1)(fa) in respect of persons...

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

Jim Daly: I move amendment No. 21: In page 31, between lines 29 and 30, to insert the following: "Amendment of section 40 of Act of 2005 28. Section 40 of the Act of 2005 is amended by the insertion of the following subsections after subsection (2): "(3) Subsection (4) applies where a registration board has— (a) removed from its register the name of a registrant pursuant to a direction...

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

Jim Daly: I move amendment No. 22: 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, in the definition of "disciplinary sanction", by the substitution of "section 66(1)" for "section 65(1)".".

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

Jim Daly: The proposed amendment would introduce the word "serious" to the definition of poor professional performance in the Medical Practitioners Act, the Nurses and Midwives Act, the Pharmacy Act and the Health and Social Care Professionals Act. This definition was considered at length by the High Court and the Supreme Court following a judicial review instigated by Professor Martin Corbally...

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

Jim Daly: I have no objection to the Deputy’s amendment in principle and what she is trying to achieve. I agree with her wholeheartedly and support the amendment, but it is not necessary because what it seeks to achieve is already inherent in the Bill. I want to assure her that I share her ambition and that it is part and parcel of what we are doing in this provision. The Bill provides for...

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

Jim Daly: The regulator’s interpretation of the threshold is what matters. My understanding is the regulators understand the seriousness of poor professional performance. We could argue all day every day over the need for the inclusion of the word “serious”, but I argue that we will not be relying on case law. What matters is the interpretation of the regulators who will be...

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

Jim Daly: I am confident that it is not necessary to include the word “serious”. The Deputy will have a further opportunity on Report Stage to raise the issue, if she still feels uncomfortable with the provision, as drafted.

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