Camillus Glynn (Fianna Fail)

This is extremely important legislation because it will place a number of professional bodies on a statutory basis. Many of the people involved in the professions to which the Bill relates were treated unfairly for many years. It is only fair that when people undergo the rigours of taking the decision to enter a profession and study to gain competency therein, they should have protection under the law. It may have taken some time for the Bill to reach us but it is extremely important. I have spoken to many members of the relevant professions who welcome the legislation.

The Health and Social Care Professionals Bill provides, as the Tánaiste stated, for the establishment of a system of statutory registration for health and social care professionals. It is a key element in the health strategy, Quality and Fairness — A Health System for You, to expand and strengthen the regulatory environment in the health sector. It is also pivotal to the objective of providing quality and accountable health care for the public. The latter is extremely important because when people attend a practitioner, either one of those to whom the Bill refers or some other practitioner — I have the honour of being registered in a particular profession — they should be able to rest assured that, following treatment, the cure will not be worse than the disease. Patients' rights must be protected.

Before the Bill was brought forward, a series of workshops were held with the professional bodies to try to reach a consensus on how a system of statutory registration might operate in practice. The groups were consulted to ascertain what they felt were the strong points, which might be enshrined in law, and the potential weak points, which might be consigned to the dustbin. In the main, the objectives in this area have been achieved.

The Government has always emphasised the importance of seeking to build consensus by using a highly-consultative process with the professions involved. The purpose of establishing a regulatory system is to ensure that members of the public are guided and, above all, protected and informed in order that they can be confident that health and social care professionals providing services are fully qualified, competent and fit to practise. The system of statutory regulation proposed in the Bill is open and transparent and is characterised by strong public interest representation. The latter will serve to enhance the quality and accountability of health and social care services provided to the public. A system of legal registration for health and social care professionals is essential to the development of the quality and accountability objectives of the health strategy.

Professional people are usually extremely jealous when it comes to their professional standing. They would be quick to disassociate themselves, and rightly so, from any member who brings their profession into disrepute. That is a well-known fact. No one is quicker to blow the whistle on a person who is bringing any given profession into disrepute than one of his or her colleagues. Long may that practice continue.

At present, only a handful of health care staff — doctors, nurses, dentists, opticians and pharmacists — are subject to statutory regulation. The new system will regulate the activities of more than 11,500 professionals working in the public sector and thousands more in the private sector. On the matter of funding of the 12 registration boards, each of which will have 13 members, I trust there will be an annual registration fee as obtains in other professions. If the boards are to have responsibility for ensuring the education of their members is progressed and kept up to date, a certain financial provision will be necessary within the given profession.

The new system will regulate the activities of a large number of people. The titles of various professions will also be protected. It will be an offence for an unregistered person to offer professional services to the public. I have raised this matter in the House on a number of occasions. They may not be covered by the provisions of this Bill but certain people are practising what they call alternative medicine. Registered doctors who have been struck off, and rightly so, are ripping off vulnerable people by telling them cock and bull stories that they will do the devil and all for them when they are doing nothing. They are the modern day Draculas, sucking every last cent out of those people and the inevitable always happens; the person dies and the unfortunate dependants lose whatever funds they have.

Alternative or complementary medicine will not be affected although these areas are likely to face separate regulation in the coming years. I appeal to the Minister of State and to the Tánaiste to ensure that the people to whom I have referred are put out of business and put in jail where they belong. Members on both sides of the House have complained about some outrageous occurrences. I was confronted with a situation in the Mullingar area prior to the local elections. What I heard would make an apt script for a horror film and it is a disgrace. We cannot stand idly by and allow this to happen and it underlines the importance of this legislation. I am very annoyed about this situation. Other Members such as Senator Finucane, have raised this matter. Something must be done about these people. I think there is a clinic called the Killaloe clinic but I am not sure.

This new system is a culmination of several years of consultation and discussion between the Department of Health and Children and interest groups along with the research undertaken by the IPA. This is the first of three Bills to reform the regulatory environment for health professionals. Legislation for medical practitioners and nurses will follow and that is to be welcomed. I assume Senator Henry, who is a doctor, will also welcome that proposal. Established professionals are not afraid of being part of a regulatory system whereby they must uphold standards because that is what is meant by being a professional. Any legislation which will ensure a system which will be widespread and across the board will be welcome.

Statutory registration is a system whereby each individual member of a profession is recognised by a specific body as competent to practise within that profession under a formal mechanism provided by law. Unlike systems of voluntary registration, it is a legally binding process. All persons wishing to practise must be registered and can be prosecuted for practising if not registered and that is to be welcomed. Moves to introduce legislation to provide for the registration of certain health and social services professions have been under consideration for some significant time but for various reasons it had not been possible to proceed. Members will know the old saying that it is never too late to do the right thing and at long last, the right thing is being done.

There are several pressing reasons such legislation should now be introduced. Legitimate and genuine concern exists among members of the public. They wish to be guided and protected so they are confident that the professional providing the service is properly qualified and competent to do so. The professions themselves require protection where normal operational procedures and ethical factors make it impossible to exclude those who are unqualified or insufficiently qualified from engaging in professional activity. This is because, among other reasons, the professions can only apply an ethical code to their own members. The good name and reputation of the majority can be damaged by the actions of a very small minority that bring a profession into disrepute unless there is a mechanism for sanctioning professional misconduct and misdemeanour.

Disciplinary procedures are provided for in the Act. The Nurses Act established a fitness to practise committee. Such a procedure is strict. Anyone who has undergone the rigours of such a committee or was stupid enough to put himself or herself in the position of undergoing those rigours, will know what it is about. The word is out that one should keep one's nose clean or else one will be given the boot which is only right and proper.

A proper system of registration can allow for investigation of allegations of incompetence or misconduct and allow for disciplinary action to be taken. It also provides a mechanism whereby practitioners compromised by ill-health or addiction can be appropriately dealt with. This is a very important provision. Registration provides a legislative framework for the evaluation or approval of education and training courses, examinations, qualifications and institutions, thus guaranteeing proper development of education and training across the professions. Some of the professions are already discharging these functions. Registration provides a more widely informed and participative forum for the administration and implementation of EU directives on the mutual recognition of third level qualifications in EU member states. It will also lead to greater consistency in the application of these directives.

Voluntary codes of registration, while very useful in themselves, cannot by definition offer the legal protection afforded by a system of statutory regulation and this is why this legislation is important. Underlying all the considerations must be a strong commitment to ensure that the best possible service is delivered to patients and clients and this must be the primary concern when developing a system of registration for health and social care professionals. It is proposed to establish a system of statutory self-regulation for social care professionals and the other 12 health and social care professions involved. The regime will provide a formal legal framework and administrative infrastructure within which the quality of the service provided to the public and the future development of the professions can be assured.

A registration board will also be provided. We are delighted to "import" professionals, if that is the right word to use. In the past there was great difficulty in recruiting social workers. When I was a member and chairman of a board, we were forced to recruit in South Africa. People from across the water are very welcome in this country. If they have committed a misdemeanour across the water or been guilty of any professional misconduct, that must impact on their employment in this country.

I welcome this Bill and I welcome the Minister of State to the House. I have posed a number of questions and I look forward to Committee Stage. This Bill must be right. It has been a long time in gestation. It is important because we need the type of professionals the public deserves. We must outlaw services such as those provided by the east Clare clinic.