Colm Burke (Fine Gael) | Oireachtas source

I agree with Senator MacSharry. The amendment is extremely restrictive. It refers to any person registered by the Optical Registration Board, in the course of an examination, discovering a medical condition that would require medical treatment. The people about whom we are talking would have the competence to deal with certain aspects, such as an infection or some aspects of a problem that might be identified. Under this provision, even if they had the competence and the experience of dealing with a medical condition, they would now be obliged to refer them on. The CEO and the secretary of the association are in the public gallery. They are not in favour of this amendment. In respect of the drafting of this legislation, the Department and Minister of State have held widespread consultation. The association was fully briefed, is very familiar with and in favour of the draft legislation and is not in favour of the amendment. The amendment is overly restrictive.

Practitioners in this area must operate within their skills, knowledge, competence and experience. This will be dealt with anyway. First, they must be registered and there also will be a code of practice with which they must comply. If they are in breach of that, there is a disciplinary structure to follow. In fairness to Senator Crown, the way the matter is drafted is well meaning but it involves a huge obligation. Regardless of how small the medical condition identified, under this amendment, the patient would automatically have to be referred to somebody else even where the person has the competence to deal with it. I will oppose the amendment on that basis.