Seanad debates

Thursday, 21 November 2019

Regulated Professions (Health and Social Care) (Amendment) Bill 2019: Second Stage

 

10:30 am

Photo of Jim DalyJim Daly (Cork South West, Fine Gael) | Oireachtas source

I thank Senators for their contributions. I have noted the points made by them. It is difficult to address them satisfactorily on Second Stage. As they will appreciate, they are more for consideration on Committee Stage. We have had these debates on Committee Stage in the Lower House.

Senator Gallagher spoke about the appeals process. My concern is that it would introduce another layer on the journey and lengthen it because, ultimately, in having an in-between layer of appeal matters would end up being challenged and going to the High Court and the Supreme Court, if necessary. I am concerned about lengthening the period of time involved in the vindication of somebody's good name. It would be an additional layer of cost. The difficulty is if the substantive issues involve points of law, they must be appealed to the court. I am willing to engage further with the Senator and his party in both Houses between on the point, but I wish to flag my concerns in that regard.

I am familiar with the three issues raised by Senator Devine involving pharmacists and psychotherapists and the publication of information. We will continue our engagement with her, her party and Deputy O'Reilly. I know that my officials have been engaging with her and the representative bodies and I am very confident that we can resolve all three issues to our mutual satisfaction and to achieve what we are trying to achieve.

I take on board the Senator's point about getting the balance right. That is what we are struggling with. We do not want information on a tiny misdemeanour to be publicised and published willy nilly. We want to provide safeguards and for discretion at the time of appeal as to whether the information should be published. We can beef up the system in place in that regard and I am sure we can provide comfort for the Senator on that front.

We will continue to consider the issue of pharmaceutical assistants. The interpretation of "physical therapist" is causing more concern than is necessary, but through dialogue with the Minister, officials, the Senator and the representative bodies, we can allay the fears expressed. It will be easier to move back and forth on Committee Stage when the Senator can question me further. I know that she supported some of the points made.

I thank Senator Buttimer for his comments. I acknowledge the constructive approach taken by all parties. Each Senator has acknowledged that this is genuinely important legislation. I know that we say that about lots of items of legislation, but this legislation will make the difference between life and death when something goes wrong. Let us not make no bones about it. As people are also entitled to their good name, we intend to get the balance right to ensure we provide protection for employees in the health service who are delivering a fantastic healthcare service. I thank Senators for their co-operation and the contructive approach they have taken to the Bill. I look forward to engaging further with them on Committee Stage.

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