Seán Power (Kildare South, Fianna Fail)

These proposed amendments have significant implications for an important general principle underlying the design of the regulatory system proposed in the Bill. The approach adopted in the Bill is to specify a single primary title under this section by which members of the registration board of each designated profession will be known. The primary title shows a generic name by which each of the professionals concerned is most commonly known to members of the public.

For the professions currently included in the Bill there would in each case be a number of alternative or variant titles reflecting specialties within the professions. For example, the title "radiographer" would encompass diagnostic radiographer, radiation therapist and radiotherapist, whereas a "psychologist" would be a health, education, counselling or clinical psychologist. Variants would also encompass titles used in other countries. For example, "speech and language pathologist" would be used rather than "speech and language therapist", and "clinical nutritionist" rather than "dietician". In the health service, several of the professions would be known primarily by their grade titles. For example, the titles "child care worker" and "child care leader" would be used for social care professionals. In addition, abbreviations of the titles are in common use in the health and social care areas generally. Examples include physiotherapist and occupational therapist. The same would be true in the case of chiropodists and podiatrists.

To avoid the specification in the legislation of several different titles for individual professions, which undoubtedly would be very confusing for everyone, not least the public, the issue of multiple titles is tackled by empowering the Minister, under section 94(3), to protect variants of the primary title by which those practitioners registered with the registration board of a designated profession are known. The intention in protecting variant or alternative titles is to guard against a wilful attempt by non-registered persons to convey the impression that they are members of a profession regulated under the Bill.

An important feature of this process is set out in section 94(7), which provides a safeguard against misuse of the power to protect additional titles in that a draft of a regulation made by the Minister protecting additional titles must be laid before the Houses of the Oireachtas and a resolution approving the draft must be passed by each House. This allows each case to be examined on its merits, balancing such factors as the protection of the public and the promotion of competition.

While I understand the specific issue that arises in this context in regard to the chiropody profession, as raised by several Senators, the adoption of an exceptional approach in this instance would put the chiropody registration board at odds with other registration boards and would serve to obscure rather than enhance public understanding of the health and social care professions.

On the qualifications of chiropodists, the Department has undertaken a comprehensive assessment of the competence of chiropodists who wish to practise in the public health service to deal with the differing levels of formal educational qualifications that exist among practitioners. While I appreciate the concerns of the Senators, the professional bodies representing chiropodists have not advised my Department that they would prefer the term "podiatrist". Therefore, I do not accept the proposed amendments.