Mary Butler (Waterford, Fianna Fail) | Oireachtas source

The Bill amends the Health Act 2004 to give the Minister for Health the power to designate the HSE as the competent authority to compare the equivalents of non-Irish qualifications to the qualifications it sets for certain health professions. These are professions which are not regulated on a statutory basis but are regulated for the purposes of EU Directive No. 2005/36/EC, the professional qualifications directive, for which the Minister is currently the competent authority. On Committee Stage in the Seanad, concerns were raised on behalf of the Environmental Health Association of Ireland regarding the HSE's role as the competent authority for environmental health officers, EHOs, one of the professions for which it will assume that role if so designated. The then Minister for Health undertook to further review the situation before the Bill returned to the Seanad. I understand the Environmental Health Association of Ireland believes there would be a conflict of interest if the HSE acted as both employer and deciding body in regard to the recognition of qualifications. The association is also concerned about the appropriateness of the HSE acting as competent authority for EHOs when it is not their exclusive employer. Many EHOs are employed outside the health sector, for example, by local authorities.

As the then Minister for Health informed the House, the Department received advice from the Office of the Attorney General on how to prevent any potential conflict of interest arising in respect of the HSE undertaking the dual role of employer and competent authority. However, I acknowledge the legitimacy of the other concerns raised by the Environmental Health Association of Ireland, which will need to be reviewed and fully considered by officials. Until such time as they can be fully considered, the Minister is satisfied that it is appropriate and safe for the status quoto remain. It is therefore proposed to remove this provision.