Tim O'Malley (Limerick East, Progressive Democrats)

These issues relate to the registration board and sections, 27, 28, 33, 46, 52, 59. These amendments relate to the work of registration boards generally and also refer to issues concerning complaints against practitioners. The object of the registration board of a designated profession is to protect the public by fostering high standards of professional conduct and professional education, training and competence among registrants of that profession. Its functions include giving guidance to registrants concerning ethical conduct and giving them guidance and support concerning the practice of their profession. Guidance on continuing professional development is an important element overall in regard to professional competency.

Senators will know that section 31(1)(h) already provides for the making of by-laws for registration boards relating to continuing professional development of registrants. Amendment No. 20, which amends section 27 on the object of functions and powers of registration boards, explicitly places continuing professional development appropriately within the functions of registration boards.

Section 28 provides for membership of registration boards and amendments Nos. 21 to 25, inclusive, are technical drafting amendments to this section. Amendments Nos. 29 and 30 amend section 33 which provides for committees of a registration board. With the council's approval and in keeping with any council rules and registration board by-laws, a registration board may establish committees to perform any of its functions or exercise any of its powers that may be better or more conveniently performed by a committee that are assigned by the board to a committee. During the debate in this House, the Bill provided for the establishment of committees to perform functions or exercise powers of a registration board under Part 3 or Part 5 of the Bill. Part 3 deals with registration boards, while Part 5 deals with the approval and monitoring of education and training programmes.

Amendment No. 29 extends the ability to establish a committee to perform functions of a registration board under Part 4 of the Bill, which deals with registration. This will be a useful facility for a registration board as it may be appropriate or valuable for a registration board to establish a committee to undertake the complex task of assessing national and non-national qualifications held by applicants for registration as attesting to the standard of proficiency required.

Section 33(5) provided that the acts of a committee are subject to confirmation by the registration board, unless the board dispenses with the necessity for confirmation. Under amendment No. 30, a registration board will not be able to dispense with the necessity for confirmation of the acts of a committee performing the board's functions or exercising its powers under Part 4. I should point out that section 33 allows a board to appoint people who are not members of the board to a committee and also makes it clear that a registration board should have regard to the necessity of including as members of the committee an appropriate number of persons representative of the interest of the general public.

Amendment No. 34 amends section 46 of the Bill which deals with the issue of access to registers. The maintenance of a comprehensive, accurate and up-to-date register of practitioners is a main function of each registration board and is clearly pivotal to the effective discharge of the role of each registration board. Registrants also have important responsibilities to keep the relevant registration board informed of any changes in their registration details. Section 46(1)(a) states that a registration board shall make its register available for inspection by members of the public at all reasonable times. Section 46(1)(b) provides that the register can be published by electronic means or otherwise which means that it is open to a registration board to publish its register via the Internet but it is not restricted to this means alone. Amendment No. 34 further strengthens this provision by requiring a registration board to publish its register by electronic means and not less than one other means.

Turning to complaints issues, section 52 of the Bill deals with complaints about conduct or competence of registrants and amendment No. 35 places an obligation on the council to process complaints in a timely manner. Section 59 provides for powers and protection relating to witnesses and evidence in regard to complaints committees. It is an offence to fail to comply with a summons or to refuse to co-operate with a committee of inquiry. Section 59(7) specifies that a person found guilty of an offence under this section would be liable on summary conviction to a fine not exceeding €2,500. The amendment to increase the fine to not exceeding €3,000 brings the fine in line with the fine set out in section 80 of the Bill which deals with offences and which was itself amended by Seanad Éireann.

Amendments Nos. 45 to 47, inclusive, relate to the arrangements for the term of office for registration boards as set out in Schedule 2 of the Bill. Amendment No. 46 is a standard provision in regard to the first board which mirrors the approach taken for the first members of the council and amendments Nos. 45 and 47 are consequential technical drafting amendments.