Seanad debates

Thursday, 25 May 2023

Regulated Professions (Health and Social Care) (Amendment) Bill 2022: Second Stage

 

It is about ensuring the legislation under which they practise will be fit for purpose and dynamic and will not present barriers to registration. It will ensure, for example, that those who are studying medicine in Britain or Northern Ireland can finish their medical training in Ireland if that is their wish. This is currently not the case, because there is an unintended barrier in the legislation arising from Brexit. It will also ensure social care workers who are legally practising in our communities and residential care settings will be able to continue to do so after their profession is regulated at the end of the year.

I will now provide a brief overview of the Bill’s provisions, starting with amendments being made to the Health and Social Care Professionals Act 2005. As Senators will be aware, social care work is one of the professions CORU is in the process of regulating, and amendments in the Bill relate to the pathway for registration for this profession during the early stage of regulation. Regulation begins with a two-year grandfathering period. Once the two years expire, the title of "social care worker" will be protected and the use of this title will require registration with CORU. During this time, existing practitioners can apply for registration based on the experience they have acquired prior to regulation. After this, only those with approved qualifications can be registered. The grandfathering period, therefore, is strictly time limited.

As we all know, professions evolve with the passage of time, and the educational and professional standards required to practise also evolve and change. This has been the case for social care work, with a range of education programmes now available to school-leavers and those returning to education that were not available, for example, 20 years ago. Once the profession has been fully regulated, the entry criteria will be level for all applicants, but we must arrive at that point without creating measures that will risk losing existing many practitioners along the way. We must remember that these existing practitioners currently work very effectively and hold a valid professional identity as social care workers. When the original Act was passed in 2005, it included an additional grandfathering route for social care workers. During the development of this Bill, my Department set about changing this to make grandfathering the same for all the professions CORU regulates. Subsequently, it was decided this might create unnecessary barriers to registration for a cohort of existing practitioners, which in turn would create patient safety issues due to a shortage of those practitioners.

I am, therefore, providing for the following measures, which I believe to be fair and proportionate and which contain appropriate patient safety checks. Social care workers who have been practising in Ireland, any other member state or the UK for at least two years will qualify for grandfathering when registration opens. During the two-year transition window, social care workers will be able to apply for registration based on the valid opinion of their employer that they meet the standards of competence. Critically, CORU will set clear and appropriate criteria associated with this performance and will also have the power to refuse registration should public protection concerns arise. Separately, I am future-proofing Schedule 3 to the 2005 Act in order that the Minister of the day can prescribe or vary the qualifications that are set out. Schedule 3 was drafted 18 years ago and, as Senators will appreciate, some of its content is now out of date for professions for which a register is not yet open. This amendment will enable corrections to be made to the Schedule.

I will now brief Senators on a small number of amendments I am making to the Medical Practitioners Act 2007. I introduced a new section to the Bill on Committee Stage in the Dáil that will enable holders of UK medical degrees to apply for medical internships during the next intake in July. This is a temporary provision necessary to meet the July deadline. It will be repealed when section 13, which will deliver this policy on a longer term basis, is commenced. For technical reasons, section 13 cannot be commenced on enactment. I am also broadening the cohort who will have immunity from prosecution in civil proceedings for actions carried out under the Medical Practitioners Act. The Regulated Professions (Health and Social Care) (Amendment) Act 2020 gave the Medical Council new powers to make arrangements with any person to assist in the performance of its functions, and it is important these people have immunity in their work.

I will now turn to amendments I am making to the Regulated Professions (Health and Social Care) (Amendment) Act 2020, a long and technical Act, in respect of each of the health regulatory Acts, mainly in the areas of registration and fitness to practise. In addition to the UK intern amendment referred to earlier, I am making amendments to a small number of sections of the 2020 Act prior to their commencement. I am providing a clearer pathway to registration on the general division for certain internationally trained doctors. As Minister for Health, I am very aware the Irish health service is supported by highly skilled and caring doctors from throughout the world, and I want to ensure the 2007 Act will continue to support the registration of doctors who meet the appropriate standards.

Second, I am introducing amendments associated with the investigation of complaints by the Medical Council. Under amendments in the 2020 Act, certain functions in the investigation of complaints have moved from the preliminary proceedings committee to the CEO. The CEO will be assisted in that regard by authorised officers appointed under the Act. The amendments in the Bill will ensure the CEO’s investigation function is properly supported with the resources and expertise required, all of which will go towards our overarching objective of promoting public protection.

Third, I introduced a new section to the Bill on Report Stage in the Dáil relating to the approach we take to the future regulation of health and social care professions, which is important work in which my officials are engaged. I have committed to laying a report before the Houses within six months of enactment of the Bill setting out progress made in developing a framework to guide future decision-making in this regard.

The Bill also includes some consequential and other technical amendments but the provisions I have outlined concern the principal issues.

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