Seanad debates

Wednesday, 23 November 2005

Health and Social Care Professionals Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages.

 

12:00 pm

Tim O'Malley (Limerick East, Progressive Democrats)

These amendments deal with changing the title "chiropody" to "podiatry" in the Bill. The sections amended are section 4, designated professions, section 26, the establishment of registration boards, and Schedule 3, qualifications required by existing practitioners. In line with the legal advice given by the Parliamentary Counsel, one title is protected for each profession under the primary legislation while provision is made for the protection of variance by regulation under section 95(3) of the Bill. It will be an offence for an unregistered practitioner to use a protected title or to falsely represent himself or herself as being a registered practitioner.

As Senators will recall, there was considerable debate on Committee and Report Stages in this House and also within the chiropody and podiatry profession on the most appropriate title for that profession in the primary legislation — chiropodist or podiatrist. During the debate in this House, the title "chiropodist" was used in the Bill because that reflects the title by which the profession is currently better known to the public in this country.

As Senators will be aware, however, varying views were held by the relevant professional bodies on this matter. Some groups expressed a preference for the title"podiatrist". While the relevant professional bodies had sought to include both titles in the primary legislation to deal with the issue, that would not have been consistent with the legal advice available and the approach taken in the Bill for other professions. Against that background, following the debate in this House the professional bodies agreed that if only one title is to be protected under the primary legislation, the preferred title is "podiatrist". Variance can be protected by regulation.

There is an argument to be made for the use of either "chiropodist" or "podiatrist". One is a title currently more in use by the Irish public while the other reflects the title used in some other countries and in educational courses for the profession. On balance, and in light of the final view reached by the professional bodies in this matter, amendments were made to change the title in the Bill from "chiropodist" to "podiatrist". These amendments are largely technical in nature and provide for the change in title used, from "chiropodist" to "podiatrist", in section 4, which designates the professions for the purpose of the legislation, and in section 26, which provides for the establishment of a podiatrists registration board instead of a chiropodists registration board. The amendments also provide for the necessary consequential technical changes to Schedule 3 of the Bill.

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