Mary Coughlan (Donegal South West, Fianna Fail)

Tá áthas orm bheith ar ais arís sa Seanad agus Bille úr os bhur gcomhair. Cé go bhfuil an Bille seo tábhachtach, tá sé fada. Tá súil agam go mbeidh díospóireacht bhreá againn agus go mbeidh an dlí is fearr ar fáil ag éirí as an díospóireacht sa Seanad.

The veterinary profession has long played a pivotal role in the development of our agriculture and food sectors. Its expertise and commitment in the area of animal diseases has enabled our livestock sector to progress and improve, and by doing so to provide a safe raw material for our developing food industry. With developments in the area of veterinary medicine and treatment techniques, considerable progress has been made in combating a range of animal diseases which otherwise would threaten the stable food supply we now take for granted. These developments also contribute to the protection of consumers from diseases which are transmissible from animals to man.

While veterinary practice has traditionally been focused on combating animal diseases, in more recent years food safety and animal welfare have also become extremely important issues. Veterinary practitioners now fulfil a pivotal role, including within the State veterinary service, in carrying out inspection and certification functions at various stages in the food chain in order to verify both the standard of animals entering the food chain and the standards of the processing operations.

In recent years society has, quite rightly, become more concerned about the welfare of animals and this is reflected in a growing body of legislation in this area. Veterinary practitioners necessarily carry important responsibilities in ensuring that requisite standards are complied with. Care of a growing number and range of pet species has also become an increasing concern of society and veterinary practitioners play a pivotal role.

Given the role played by the veterinary profession and the responsibility placed on individual practitioners, from a public policy perspective it is important that regulation of the profession accords to the highest standards and meets current requirements in terms of openness and fairness and also facilitates the further development of the profession and its individual members. The earliest elements of the existing legislative foundations governing the profession have been on the Statute Book for over 70 years. While these were appropriate to their time, this can no longer be said to be the case. Consequently, my predecessor had accepted the need to sponsor replacement legislation and had brought this project a considerable distance during his period in office.

It is also important to place on record that this is not a matter of imposing a new regime on an unwilling profession. The Veterinary Council, which is the body charged under the legislation with day-to-day regulation of the profession, has drawn to the attention of my Department a number of shortcomings in the existing code, particularly in regard to disciplinary aspects, continuing professional development and standards of premises.

Against the foregoing background, I am bringing forward a comprehensive Bill which is designed to bring regulation of the veterinary profession fully up to date, taking account of the many developments in the environment within which the profession operates since the original legislation was enacted and which will also serve the needs of the profession in the years ahead.

It is appropriate in the public interest that greater transparency should be introduced into regulation of the profession and that broader legal developments, including in regard to human rights, should be reflected particularly regarding disciplinary proceedings. Among the principal features of the Bill are the provision for the first time in Irish legislation of a legal definition of veterinary medicine; a broader membership of a reconstituted Veterinary Council to reflect interests such as education, consumers, food safety and animal welfare and to provide a better balance as between veterinary practitioners and others; an updating of the provisions dealing with registration and for recognition of specialties in particular areas in veterinary practice; provision for continuing professional development which would be a pre-requisite for retention on the relevant register; a new model to deal with complaints and a broader range of proportionate sanctions; statutory recognition of veterinary nurses for the first time; the establishment and monitoring by the Veterinary Council of standards of veterinary premises; and the Veterinary Council to be given investigative powers commensurate with its regulatory role in relation to the profession.

The Bill giving effect to the foregoing is extensive, running to 138 sections and four Schedules. I propose to outline to the House in greater detail the principal elements of each part of the Bill.

Part 1 contains a number of standard provisions, including definitions and repeals. In regard to the latter, the Bill provides for continuation of the residual aspects of joint recognition arrangements with the United Kingdom under which practitioners registered before 1978 can retain membership of the Royal College of Veterinary Surgeons, the UK regulatory body.

Part 2 deals with the former council. It is obviously necessary to provide for an orderly transfer from the existing Veterinary Council to the body which is to be established under the draft legislation. Among other things, this will ensure that existing staff are not disadvantaged in any way by the abolition of the existing council and that all rights and liabilities are properly transferred to the new council.

Part 3 deals with the Veterinary Council of Ireland. It is important to stress that the Veterinary Council has and will remain a self-funding body which does not receive any moneys from the Exchequer. I am proposing a fundamental restructuring of the council. The current membership of the council is fixed at 17, of whom 12 are practitioners elected by the profession. The remaining five places are filled by nominees of the Minister for Agriculture and Food and UCD, as the sole provider currently of veterinary degrees in the State.

While I consider that it would not be appropriate from the point of view of efficient operation to increase the overall size of the council, it is appropriate that its make-up should be rebalanced to avoid an inbuilt majority of members of the profession and to provide for representation by nominees of other stakeholders. This is not in any way an implied criticism of past councils or the current council. However, as a self-regulating profession operating under statute, in order to continue to command the confidence of society at large, a significant degree of external representation is required. Apart from any other consideration, the increasing complexity of the issues which the council is likely to encounter in the future means that it will benefit from the range of perspectives and expertise being brought to bear on any particular issue by such an approach.

Accordingly, I propose to provide for the following make-up for the council: seven members elected by veterinary practitioners; one member elected by veterinary nurses, to whom recognition is being given for the first time and on which group I will comment further at a later stage in my remarks; four members appointed by the Minister of whom two will represent animal welfare and consumers of veterinary services interests; two members nominated by providers of veterinary education; one member will be nominated by my colleague, the Minister for Education and Science; one by the Food Safety Authority of Ireland; and one by the Director of Consumer Affairs.

The composition as outlined is balanced in terms of the veterinary profession and broader society interests and will enable the council to carry out its functions effectively in the public interest. While the Bill does not provide for a inbuilt majority for the profession on the council, a majority of the profession on the council is not precluded.

The Bill specifies clearly the range of functions to be carried out by that body. These include the keeping of registers, establishing codes of professional conduct, approving programmes of education and further education and conducting inquiries and imposing sanctions on errant members of the profession. While it is appropriate that the council is being given all the necessary powers to carry out its role, including in respect of staffing and financial matters, provision is made for the Minister to give general policy directions to the council and ultimately remove it after due process should it fail to carry out the functions assigned to it under the legislation.

Part 4 provides the mechanisms which enable the council to function in its central role of registering and maintaining registers of practitioners. Provision is also made to safeguard the position of those registered on the existing register who, as of right, will be brought on to the new register. In terms of the categories of persons who may be registered, provision is made for those trained in the State as well as ensuring that we are in a position to fulfil our obligations under the EU mutual recognition regime. I also propose to make better provision for the council to register persons trained in third countries as under the existing legislation this was limited to countries with which the council had mutual recognition arrangements.

Experience of the 2001 foot and mouth disease episode gave ample demonstration of the potentially devastating effects of disease outbreaks in the national herd and the potential for damage to the economy as a whole. The veterinary profession played a pivotal role in dealing with the 2001 outbreak and it has been widely recognised that our effective and timely interventions ensured we were spared the large-scale economic and social damage which would have arisen from a failure to deal with the outbreak.

However, there are ongoing threats of disease outbreaks and we need to ensure that, if necessary and at short notice, we can call on an adequate supply of veterinary expertise from outside the State. Accordingly, I propose to provide for a category of limited registration to make this possible. Limited registration could also be granted, where the council considers it desirable, to suitably qualified persons whose particular expertise would be required for the teaching of trainee practitioners.

The Bill makes provision for the first time in legislation for a definition of the practice of veterinary medicine. This will give greater legal certainty to the council in the execution of its functions. The Bill will make it an offence for a person other than a veterinary practitioner to practise veterinary medicine or to use a title which implies that he or she is so qualified. Stringent penalties, which can range up to €130,000 and-or five years imprisonment, are provided in the case of a first offence or €320,000 and-or ten years imprisonment in the case of a second or subsequent offence. Bodies corporate will continue under this Bill to be precluded from engaging in the practice of veterinary medicine.

However, it is also necessary to recognise situations which can occur on the ground when a veterinary practitioner might not be available. Accordingly, I propose to make provision for treatment of animals in an emergency situation by a non-qualified person and for farmers to be enabled to continue to carry out treatments or procedures which were possible under the existing legislation. Furthermore, I propose to enable the Minister, following consultation with the council, to provide by regulations for non-qualified persons to carry out a very limited range of procedures. Such regulations would be required to be laid before the Houses of the Oireachtas.

The importance the Government attaches to the standard of veterinary education is evidenced by the significant funding provided for the construction of a state-of-the-art veterinary college on the UCD campus which opened in 2002. This impressive facility provides the infrastructure and facilities to enable our veterinary graduates to be trained to the highest internationally recognised standards. Bricks and mortar are only part of the story and people of the highest calibre are required to ensure that courses of study match best international practice. As I already mentioned, I have provided that recruitment of such people would be facilitated by this legislation.

The Veterinary Council has always carried a crucial responsibility in respect of the prescription of courses required for registration as a veterinary practitioner and I propose to continue to enforce this role. As the House no doubt recognises, we live in an era of accelerating change which requires a lifelong learning approach. This is particularly true in the case of the veterinary profession in which scientific progress and advances in treatments are a constant. Accordingly, I propose to enable the council to prescribe by regulation programmes of education which will be a prerequisite for remaining registered as well as optional courses.

In order to ensure that there is sufficient focus on educational aspects, I am providing that a dedicated education committee will be one of three committees which the council will be required to establish. Furthermore, I am providing for the make-up of this committee to draw particularly from the educational expertise on council and, where appropriate, to consult external expertise. The education committee, as part of its role of evaluating standards, will be charged with inspecting providers of education or of further education and reporting to council. Among the other functions which this committee will carry out is a role in advising the council in regard to specialties in veterinary medicine and on qualifications in veterinary medicine obtained outside the State.

Disciplinary procedures and sanctions are among the areas in which shortcomings in the existing legislation have been most pronounced. This has been due mainly to the lack of proportionality in the range of sanctions which could be imposed on those found guilty of wrongdoing. This Bill provides for a comprehensive reformulation of the fitness to practise provisions to take account of the proportionality aspect. In drafting the replacement provisions, it was also appropriate to provide for a greater degree of transparency in the disciplinary procedures. In addition, my Department has had to take particular account of advice from the Office of the Attorney General on developments in regard to human rights and, in particular, the European Convention on Human Rights.

The procedures provided for under this Bill are designed to ensure that complaints are fully investigated expeditiously and in a fair manner which safeguards the legitimate rights and interests of the complainant and of the person complained against. Two mandatory committees of the council are provided for, namely, a preliminary investigation committee and a fitness to practise committee. As its name suggests, the role of the former committee is to examine complaints and reach a view on whether a full inquiry, to be carried out by the latter, is warranted. The procedures have been constructed so that where there is a doubt, the dynamic is in favour of a substantive inquiry taking place. Provision is also made that the council itself is kept advised of developments in respect of a complaint, while ensuring that its view of the case is not prejudiced.

The composition of both committees is prescribed in the Bill to ensure balance and that outcomes can command confidence. In the case of both committees, provision is made for equal representation of practitioners and non-practitioners. In addition, in the case of the fitness to practise committee, an external chairperson, nominated by either the Bar Council or the Law Society, is stipulated. For the purposes of an inquiry, the fitness to practise committee will have the same powers, rights and privileges as are vested in the High Court in terms of enforcing attendance of witnesses, production of documents and administration of oaths. Penalties are provided for in respect of persons who commit offences regarding appearance before the fitness to practise committee.

The Bill provides for a wide range of proportionate sanctions which may be imposed by the council itself following a fitness to practise procedure. These are removal or suspension from the relevant register; attachment of conditions to continuing registration, which could include undergoing specified medical treatment; and giving of advice, warning or censure by the council, requiring the person complained against to make a contribution of up the €5,000 to the complainant or towards the costs of the council in investigating the complaint.

Due process is provided for in terms of notification of a decision and appeal, including appeal to the High Court by the person who is the subject of an adverse finding. The council is also to be empowered under the Bill to decide to remove from the relevant register a person who has been found guilty of an indictable offence in this State or equivalent offence in another state in respect of which due process is again provided for. In terms of transparency, it is important that the public has access to the outcomes of fitness proceedings. Consequently, the council will be required to publish all relevant details in its annual report.

While veterinary nurses have long been a feature of a significant number of veterinary practices, they have not, unlike their counterparts in the human field, enjoyed any separate legal personality under the existing statutes. The growing popularity of veterinary nursing is evidenced by the fact that a specific three year diploma course in veterinary nursing is now available in Ireland from UCD. Consider the 2003 INDECON report that examined this area on behalf of the Competition Authority. It stated, "The fifth key restriction operating in the veterinary surgeons profession that we believe is likely to be harmful to competition concerns the absence of legal status for veterinary nurses and the demarcation restrictions on the scope of practice of such professionals."

Against this background, I propose in this Bill to provide for the first time formal recognition of veterinary nurses. Responsibility in the first instance for establishing a register of veterinary nurses will rest with the Veterinary Council, which will be required to establish such a register within two years of establishment day. The Bill also provides that the then Minister may establish a veterinary nurses board of Ireland to take over from the Veterinary Council its functions regarding veterinary nurses. These arrangements reflect my Department's view that, given the organisation's current state of development, it would not yet be appropriate to establish a separate board of this kind.

I am proposing in the Bill to designate the limited range of functions that it would be appropriate for veterinary nurses to carry out, including certain functions they could carry out other than in the presence of a veterinary practitioner. Provision is also made so that in light of technological developments, for example, additional functions could be assigned to veterinary nurses.

I am anxious that those who are currently working as veterinary nurses and who do not have a formal qualification in this regard should not be unduly disadvantaged under this legislation. Accordingly, I am providing that those working as veterinary nurses on 27 October 2004, the date of publication of this Bill, may apply for provisional registration that could last for up to five years on the basis that they complete an approved course of education within that period. The arrangements outlined provide an appropriate framework for the development of the discipline of veterinary nursing within veterinary medicine and that these arrangements are in the interests of consumers and of the profession overall.

The existing Veterinary Council has, on the basis of a voluntary scheme, already done considerable work with the profession in improving veterinary premises. I now propose under this Bill to put these arrangements on a statutory basis. This provides that the council will make binding regulations relating to veterinary premises within one year of establishment day. These regulations will cover aspects such as the classification of types of premises, standards to apply to different categories of veterinary premises and signage. Practitioners will have four years from the date of the council making its regulations to bring their premises fully into line with the requirements.

There is currently a wide variance in the standard of veterinary premises across the country and what might have been acceptable a generation ago is no longer acceptable. In addition, the lack of standardisation in signage can lead to confusion on the part of the public over the standard of facilities to be expected. The arrangements outlined provide a reasonable basis for practitioners to progressively bring their premises up to a required minimum standard.

By definition, the Veterinary Council's role in the regulation of the veterinary profession is central. It must, therefore, be given the necessary enforcement tools to carry out this role and, where appropriate, to be pro-active. Accordingly, it is proposed to give the council the power to appoint authorised officers to carry out inspections at veterinary premises and also investigations where it is believed that an offence is being committed or where a registered person is acting in a manner that constitutes professional misconduct. Provision is made for the powers enjoyed by authorised officers in the ordinary course and when operating under a search warrant issued by the District Court. Provision is also made for penalties where a person falsely represents himself or herself to be an authorised officer or obstructs an authorised officer.

The foregoing represents an overview of the main provisions of the Veterinary Practice Bill. It is comprehensive and well balanced legislation and takes account of both the needs of the profession and the public interest. It is designed to create a regulatory framework suited to modern circumstances.

I commend this important Bill to the House and certainly look forward to hearing the views on the Senators thereon.