Mary Harney (Dublin Mid West, Progressive Democrats)

I feel strongly about this issue. Senator Henry made valid points about the complainant and she is correct. Most people are terrified of authority, especially the courts. It is one of the reasons so few people come forward in rape and sexual offence cases. The few I met who did go forward stated the trial, court and adversarial system were terrifying and wondered whether they would go through it again. I do not state a fitness to practise inquiry is at the same level. However, we must make it easy for people to make legitimate complaints. The committee which will make the decision will have a non-pharmacy majority. It will not be a committee composed of pharmacists who will state it will be heard in private.

On the point made by Senator Glynn, I hope that with the new procedure, the preliminary hearings committee, dealing with mediation and health issues being dealt with by the health committee, this will mean only complaints of substance will go before a fitness to practise inquiry. These reasons include time and money and the fact that one does not want vexatious complaints getting past the preliminary inquiry. With all the good things happening in Ireland, I sometimes feel we have full-time complainers and whingers who love to complain about everybody and anything. I hope this legislation will not make it easy for vexatious complaints to be made about pharmacists, doctors or other health care professionals.

I believe we have the balance right. With regard to including the phrase "in the public interest", if the complainant has a wish to hold the hearing in private, it should be taken into account. Without the complainant we would not have a complaint and the matter would not arise in the first instance. Many people like to remain anonymous. The midwives in Our Lady of Lourdes Hospital in Drogheda eventually blew the whistle there and to the credit of the health board, it took the matter seriously. The person most responsible is now involved in the Pharmaceutical Society. Those people do not want to become public figures. Giving the decision to the committee is fair and reasonable under the circumstances.