Maire Devine (Sinn Fein) | Oireachtas source

The Bill relates to the transposition of an EU directive on the recognition of professional qualifications, which was agreed under the Irish Presidency of the European Union in 2013. It is important that we transpose these directives, especially with the looming prospect of Brexit, as referenced by the Minister of State, and that we provide the mechanism for the recognition of professional qualifications. Within the context of the recruitment and retention crisis in our health services, this will be all the more important given the system and staff are under stress and there are staff shortages. Therefore, we are looking to employ many more people from within the country and outside it, and we need to make sure they are who they say they are.

When working in my profession, I had experience of some difficult situations where unions and staff were involved. It can be quite traumatic within a smaller setting if somebody is believed not to be professionally qualified but has slipped through the net. I am probably talking about one person in tens of thousands but it has happened. Hopefully, we will get the correct professionals to do the right job in a very professional manner.

I recognise our colleagues in the Lower House have done a lot of work on this Bill and I welcome the joint effort. The strengthening of registration and regulation of health professionals gives the roles, and the people who do them with such integrity and service, the respect they deserve. I am happy to support this Bill, although I have a few points to raise and I would appreciate a response from the Minister of State.

During the Bill's progression through the Dáil, there was major debate around the publication of minor sanctions. I know many representative bodies are not happy with the automatic publication of minor sanctions and, obviously, this is a big change as it does not happen currently. The worry is not so much about the increased transparency but there is a balance to be struck between public interest and protection of a worker's privacy. I represented people at fitness to practice hearings from a trade union perspective. It was little old me and the nurse against a boardroom-full of An Bord Altranais people with a barrister and a lawyer for each individual on the board. Facing that, there was little old me and I did not know too much about the law, although I was willing to fight for somebody in order to ensure due process. I do not make a comment on whether I believed that person has done right or wrong and that is up to the fitness to practice hearing. However, it does seem overwhelming. If we allow these minor sanctions to be publicised, we know what trial by media is like, including social media and the ordinary media such as the newspapers. Even if the person is found not to have infringed on professional practice and there is no case to answer, there is always the reputational damage within the medical circle, which is small and cosy enough for a lot of that stuff to go around.

There needs to be room for more discretion where publication might not be in anybody's interest and we need to define what those areas would be. Has the Minister of State considered this point since the debate in the Lower House? I may table amendments at a later stage and we can perhaps work together on that.

I take the opportunity to reference the plight of professional pharmaceutical assistants, who face an uncertain future due to changes to be brought forward by the implementation of new rules restricting the amount of time they can cover for a temporarily absent pharmacist to one hour per day. The livelihood of 248 women, mostly in their 50s, with an average of 35 years' experience, are at risk because of these proposed new rules. The best way to address the concerns of the professionals is for them to be registered by the relevant body and to have oversight and regulation by that body, which means any issues can be overcome. The relevant bodies have maintained they could not properly regulate for assistants because of the 2007 Act as it stands, so the inclusion of amendments to the Bill could rectify the assistants' position under the Act.

Under section 29 of the Bill, which amends section 38 of the Health and Social Care Professionals Act, the title of "physical therapist" is effectively left unprotected until December 2021. I note the Irish Society of Chartered Physiotherapists has been in contact with the Minister of State's office on this matter and has expressed its frustration and concern at the title being exposed for such a length of time. There are very few people, it would seem, who have yet to register with that Physiotherapists Registration Board. Could those people be reached out to directly and instructed to register with the board as soon as possible so the title can be protected in a much shorter time than slightly more than one year? All those entitled to register thereby would be re-registered. A small bit of outreach work in this regard would ensure all those who need to register with the board as physical therapists could do so within a short time. Will the Minister of State consider this? Such outreach work could be co-ordinated by the necessary organisations and the Department.

In the Dáil, Deputy O'Reilly tabled an amendment on Report Stage which would ensure that, as part of preliminary proceedings or the fitness to practice committees, there would be a member of the profession on which the adjudication is being made. For example, there would be a nurse where the adjudication was on a nurse and a midwife where the adjudication was on a midwife. I have just related my story of what seemed to be the little people going in to an execution, with an overbearing jury of highly trained, well paid legal individuals advising each individual member of the board. It seems unbalanced and lopsided, and if a person felt they had a small friend on one side, or not even a friend but somebody who understands the mechanisms of what nursing is on a day-to-day basis and the context of alleged misdemeanours or unprofessional acts, it would be more balanced and fairer. The Minister gave assurances this would be dealt with. I wish to reiterate the point and ask if he has worked on this issue since the debate in the Lower House.

Overall, the Bill is to be welcomed. I am happy to see this work progress and I look forward to working with the Minister of State to get the Bill through Committee Stage and the remaining Stages over the coming weeks. The priority is safety and safe practice by all healthcare staff, which is paramount for those seeking treatment in our health services. While I cannot emphasise that enough, we also need due process and fair practice when dealing with the situations and issues that may arise.