Seanad debates

Tuesday, 10 June 2003

Adjournment Matters. - Medical Practitioners (Amendment) Act 2002.

 

2:30 pm

Mary Henry (Independent)
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I welcome the Minister of State. When the Medical Practitioners (Amendment) Bill 2002 was brought before the Houses of the Oireachtas in April last year, it was stated in the explanatory memorandum that the legislation was being brought forward as a matter of urgency. More than one year later, it has still not been implemented. I agreed at the time that it was needed as a matter of urgency because all over the country we were depending on non-EU doctors who had come here supposedly for training but were in fact holding the health service together.

About three years ago the Medical Council decided that some posts around the country were, on inspection, not worthy of being called training posts. It did not recommend that non-EU doctors who had only secured temporary registration should take them. In its collective wisdom, the Government brought forward the Bill mentioned to allow the service experience of the doctors concerned to be taken into account in order that they could secure permanent registration after four years satisfactory service. This was quite reasonable in view of the fact that many of the people concerned were highly experienced in their own countries and were simply waiting to take examinations in Ireland. We were relying on them to take up posts which were not being sought by our own graduates and were not considered suitable as training posts. We badly needed to have people in position in order that there would be a service commitment in what were mostly rural hospitals. I am sure the Minister of State noticed there was trouble recently in Wexford hospital because this legislation had not been implemented.

The Medical Council decided that six weeks in these posts could not be considered a sufficient time for training and refused to recognise temporarily registered doctors as taking those posts. It is a practical and serious issue. I do not understand why this legislation has not been implemented. I have had non-EU doctors writing to me who feel they have been shabbily treated and, frankly, I agree.

One of the doctors asked me if it is because officials in the Department of Health and Children think that those who were here years ago and are now working in the UK will return and seek permanent registration here, while they are only entitled to temporary registration. That is not possible. Under the legislation that was brought through, we made sure that doctors who had been out of the country for 12 months could not apply for permanent registration.

All those who have been coming here within the last number of years will be eligible for permanent registration with the changes that have been made. It is difficult to understand why this is going on. I am particularly annoyed because non-EU doctors have been important in the health service for decades. This was some way in which we could straighten things out a little for them, yet it has not been done.

When this Bill was going through the House, the Minister for Health and Children said we could look forward to a completely remodelled Medical Practitioners (Amendment) Act in the autumn. I should have asked which autumn. I look forward to the Minister's reply.

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I thank Senator Henry for raising this issue on the Adjournment. I am afraid I am not briefed regarding the Government's legislative programme, so I am not in a position to deal with her final query about the progress of the medical practitioners legislation to which she referred.

The Medical Practitioners (Amendment) Act 2002 came into operation on 1 May 2002. The purpose of the amending legislation was to address, as a matter of urgency, issues relating to the registration of medical practitioners. These amendments were deemed necessary to avoid any threat to service delivery in the public health service and to deal with certain perceived inequities with regard to access to registration on the register of medical practitioners.

Like the Senator, I am well aware of the great contribution made by many, especially doctors from overseas, to our public health service. I am also aware of the difficulties they encounter in attaining access to the register.

The main proposal contained in the Act is to provide that account be taken of professional experience in assessing an application for full registration on the register of medical practitioners. Under previous legislation, only training and qualifications could be taken into account when considering such applications.

This has had significant implications for non-consultant hospital doctors, usually non-EU citizens, who occupy service posts not recognised for training purposes. The amending Act also makes provision for intern registration and temporary registration to apply in a number of health care settings whereas the current legislation confines these types of registration to hospital work. Finally, it makes provision for any EU citizen who has obtained a primary degree within the EU to obtain internship registration in this country. Previously, only graduates of Irish universities could undertake their internship registration in Ireland.

Under the provisions of the Act, the Medical Council – the statutory body with responsibility for the regulation of the profession – may prescribe rules relating to the registration of medical practitioners; rules for the recognition of health care settings in which training may take place; rules relating to the recognition of primary qualifications obtained from EU medical schools for the purposes of internship registration; and rules relating to short term temporary registration. The council must submit its draft rules for the approval of the Minister for Health and Children, Deputy Martin, and for laying before the Houses of the Oireachtas.

The council submitted four sets of draft rules for possible amendments and approval relating to the areas outlined above. The Minister for Health and Children has examined the draft rules and suggested a number of amendments, which the council has addressed. He is currently re-examining the latest draft rules returned to him recently by the council. It is his intention to ensure that the draft rules will meet the requirements of the Act and to this end he has carried out consultations within the Department, the Medical Council and the training bodies. This process is very nearly at an end and he hopes to be in a position to decide on the draft rules in the very near future.

In the meantime the Minister wishes to reiterate that no doctor has lost registration as a result of any perceived delay with regard to the rules. The Act makes provision for any medical practitioner who holds temporary registration, such as a number of non-EU doctors, and who has applied for full registration under the Act to have his or her period of temporary registration extended indefinitely until such time as a final decision is given in their application.

At present the vacancy rate amongst non-consultant hospital doctors is less than 1%; the actual figure is 0.65%, which is based on 25.5 vacancies out of a total cohort of 3,925 non-consultant hospital doctors. This vacancy rate would be the envy of any commercial enterprise and indicates the status of the health service as being an employer of choice. These figures should be read in the context of a 20% increase in NCHD numbers over the last three years and is all the more remarkable when one considers the highly mobile character of this particular cohort as a medical profession. It is a testament to the Government's commitment to funding the highest standards of medical care and personnel for the Irish health service.

Mary Henry (Independent)
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I thank the Minister of State for that very useful reply.