Mary Harney (Dublin Mid West, Progressive Democrats)

I will take advice on this amendment. I have made provision that the preliminary disciplinary proceedings committee can require a complainant to supply information by way of an affidavit. This is a good idea, if it believes it to be necessary rather than spending a lot of time on an issue that may not stand up or may be vexatious. Consequently, giving the committee the power to do this is appropriate. Somebody could genuine believe he or she has cause for complaint. I would like to take advice on the particular word used in the amendment. The same applies to medical practitioners and any professional body. Every profession takes complaints seriously. While we want people to complain when there is cause for complaint and to properly investigate those complaints we do not want people trying to destroy somebody's reputation, profession and livelihood by making vexatious or unwarranted complaints. It is a difficult issue.

If one wants to have an open and transparent mechanism by which complaints made are properly investigated by the regulatory body one cannot be too restrictive. Through preliminary proceedings, the health committee and mediation we have provided a range of mechanisms other than a full fitness to practice investigation which will deal with more serious issues.

When the Medical Practitioners Bill was discussed yesterday, the question was asked whether one could make a complaint if one did not like the doctor next door or had a problem with his or her planning permission or house. Those complaints cannot be dealt with by a regulatory body which will only deal with professional conduct.