Seanad debates

Tuesday, 9 November 2004

Health and Social Care Professionals Bill 2004: Second Stage.

 

3:00 pm

Fergal Browne (Fine Gael)

As far as I am aware, the same term is used in respect of slots at Heathrow Airport. Aer Lingus does not own its slots there but it is said to have grandparenting rights in respect of them. This is a good concept because it will allow people who are currently practising and who have a history of doing so to remain in their professions, even though they might not have the necessary qualifications but can clearly demonstrate that they are qualified to work and can cure people.

I am concerned about the holding of hearings in private. The Bill states that hearings can be held in public or private. Why would hearings involving health cases be held in private? I accept there is a need for discretion in certain cases. However, in order that members of the public have confidence in the system we must ensure that deals cannot be done behind closed doors. It is also important to ensure that decisions are reached quickly and that complaints will not take years to resolve.

I understand there are to be 12 registration boards. If I recall correctly, 13 groups were originally to be covered by the Bill. Health and safety officers were included initially and perhaps the Tánaiste will indicate why they were ultimately left out.

Physiotherapists are seeking a clear distinction between themselves and physical therapists. I urge the Tánaiste to rectify the position at this stage. I am aware that, under section 94(3), the Minister may, by regulation, prescribe one or more than one title that is a variant of the title specified in section 4 for the profession and that, in addition to the title specified, may be used by registrants of that profession. However, section 94(7) states that a regulation may be made only if a draft of the proposed regulation has been laid before the Houses of the Oireachtas and if a resolution approving the draft has been passed by each House. I am concerned that on Committee Stage the Tánaiste should cater for the needs of these groups.

I wish to inquire about accountability. Each profession will have its own registration board but there will also be a general council. For how long will the council hold office? Will it be possible to reappoint its members and, if so, for how many terms? To whom will the council be accountable? My previous portfolio was transport and whenever I asked a question about roads I was informed that responsibility in that regard lay with the NRA and not the Minister. The position was similar as regards train services. The last thing we need is to create another body which will be completely unaccountable to Members of the Oireachtas or the public. I hope the Minister will accept some responsibility in this area and not simply blame the council for any bad decisions taken or walk away from difficult decisions. The council should be directly linked to the Minister and thereby linked to the Houses of the Oireachtas and members of the public.

I am disappointed the Tánaiste has not remained in the Chamber for the contributions of Opposition spokespersons. I thought it would be common courtesy for her to remain and not leave halfway through. I am sure, however, my views will be passed on to her in due course.

The complaints process should work if it is effective. However, we must ensure it is quick and fair. We must also ensure that decisions are reached fairly and in a manner that stands up to scrutiny. In the case of someone with a genuine complaint against a particular person or body, we do not want it to take years for the complaints process to run its course in order for a resolution to be reached.

In general, Fine Gael welcomes the Bill. However, we will be tabling a number of amendments on Committee Stage. The main issues that arise are the accountability of the general council, the absence of health and safety officers from the legislation and the need to ensure the complaints procedure will be fair, effective and not time consuming.

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