Trevor Sargent (Dublin North, Green Party)

Gabhaim buíochas leis an tSeanadóir Fitzgerald as an cheist seo a ardú. Is oth liom a rá nach bhfuil an tAire Sláinte agus Leanaí ar fáil.

I shall be taking this Adjournment on behalf of my colleague, Deputy Mary Harney, Minister for Health and Children. The case referred to by the Senator is tragic and I extend my condolences to the family concerned. It would be inappropriate for me to comment in detail on any individual case. However, I understand this matter has been before the High Court and is at present under scrutiny by the Irish Medical Council.

Under the Medical Practitioners Act 1978, the Irish Medical Council is charged with responsibility for the registration of medical practitioners and the regulation of their activities. The function of the council is to protect the public through implementing appropriate standards and controls on the medical profession. All doctors practising medicine in Ireland should be registered with the Irish Medical Council. Persons who avail of the services of doctors performing plastic surgery should endeavour to seek the services of reputable providers. When invasive procedures are being arranged, persons are strongly advised to check that the services are provided by a medical practitioner who is appropriately registered with the Irish Medical Council. In addition, before agreeing to undergo any procedure, persons should ascertain the level of follow-up medical support which will be available to them after the surgery has been completed.

The Irish Medical Council produces a Guide to Ethical Conduct and Behaviour in accordance with section 69(2) of the Medical Practitioners Act. This publication includes guidance for doctors on the required standard for practice premises and standards in relation to centres of health care. The council is in a position to consider alleged breaches of the guide in respect of doctors registered with it. Where a concern arises about the professional activity of a registered medical practitioner, the Irish Medical Council has the power to investigate the circumstances of the complaint and, if a prima facie case exists, to conduct an inquiry. Where a finding of professional misconduct or unfitness to practise is made against a doctor, the council has the authority to suspend, limit or revoke the registration of that individual.

The new Medical Practitioners Act was signed into law earlier this year and includes new requirements for the registration of medical practitioners, changes to the fitness to practise process and the introduction of a mandatory scheme of competence assurance for all doctors practising independently. The process of commencing the various provisions of the Act is under way.

The Government is committed to ensuring the delivery of the best quality health service possible and doing so both effectively and efficiently. The Government believes that to do this we have to reform the health service radically and we are well advanced in that process. Earlier this year the Department of Health and Children made significant progress on this journey with the adoption of the Health Act 2007. This legislation provides for the establishment of the Health Information and Quality Authority, HIQA. This represents a crucial element of the reform programme and is a new departure for the health services.

In January 2007 the Department of Health and Children established the commission on patient safety and quality assurance to develop proposals for a health service system of governance based on corporate accountability for the quality and safety of all health services. One of its terms of reference is to examine and make recommendations specifically relating to a statutory system of licensing for public and private health care providers and services.

The commission is seeking submissions from the public and key stakeholders on the issues within its remit and welcomes views from all quarters. I understand the Irish Association of Plastic Surgeons recently made a submission to the commission in which it outlined its concerns about the need for specific regulation in this area of practice. I very much look forward to the recommendations from the commission on patient safety and quality assurance which is due to report by the middle of next year.