Seanad debates

Friday, 8 July 2011

Medical Practitioners (Amendment) Bill 2011: Committee and Remaining Stages

 

1:00 pm

Photo of Colm BurkeColm Burke (Fine Gael)

I have a question on section 50A(1)(b), as inserted by section 8 of this Bill, which refers to "the relevant criteria specified in rules made under section 11 relating to the registration of medical practitioners in the Supervised Division". I presume that is section 11 of the 2007 Act. I presume the Medical Council sets the rules but is it answerable to the Minister? In 2009, Dr. Mick Molloy raised concerns about the new procedures. A suggestion has been made that the new procedures and the rules subsequently implemented by the Medical Council caused some of the problems with regard to what happened in 2009. I referred to an e-mail I received from a doctor who, after having worked for five years, found he no longer fitted into the jigsaw here and that he had no post. Do we need to examine the discretion given to the Medical Council? I am not looking for an amendment to the section but perhaps this is something we should consider in the long term.

Under section 50A(3) as inserted by this section of the Bill, a medical practitioner may not be registered in a supervised division for a period in excess of two years in aggregate. Earlier, the Minister of State referred to how someone who has been in a job for 12 months is treated by his or her seniors. If there is a clash of personalities involving a junior doctor, he or she may find he or she must leave the job after 12 months and cannot remain for two years. Taking both section 50A(3) as inserted by section 8 and section 9, it appears a person cannot return to the system. Perhaps I am reading this incorrectly but I am concerned about it. If a person finishes a job on 1 July having worked for 12 months but his or her next job is not available until the end of August there will be a gap and, according to section 9, it appears the person will not be able to return. Will the Minister of State clarify this?

Under section 50A(6) as inserted by section 8 of this Bill, a medical practitioner whose name is entered in a supervised division may not practice medicine in the State other than in the post, referred to in subsection (4) to which the practitioner is registered. If a smaller hospital has to deal with a major accident or emergency, such as a multiple car accident, whereby everyone is called to the accident and emergency department to assist, will this section prevent a junior doctor from assisting in such a case? Will the Minister of State clarify these issues?

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