Joe Higgins (Dublin West, Socialist Party)
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Question 139: To ask the Tánaiste and Minister for Health and Children if the HSE is to re-examine all capital or other funding granted prior to its formation on 1 January 2005; and if she will make a statement on the matter. [13906/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health Act 2004 provided for the Health Service Executive, HSE, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for all funding, capital and revenue, voted for the executive.

Under section 34 of the Act, the executive requires the prior written permission of the Minister to enter into agreements for capital undertakings where the total amount would exceed an amount specified from time to time by the Minister, with the consent of the Minister for Finance. Any review of funding coming within this category would be carried out on this basis and would take account of health policy and any contractual commitments which might exist. In addition, the annual service plan of the executive includes revenue and capital plans and it is required to be approved by the Minister. Any review of capital or funding plans would take place in this legislative context.

Bernard Durkan (Kildare North, Fine Gael)
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Question 141: To ask the Tánaiste and Minister for Health and Children if her attention has been drawn to the circumstances surrounding the tragic death of a person (details supplied); if her attention has further been drawn to the fact that the surgeon in question has promoted their services through the electronic and print media in this country; if it is known that the surgeon in question has had a large number of malpractice suits against them; if she will order the suspension of the advertising or promotion of this person's plastic surgery services here, directly or indirectly or through the Internet; if steps will be put in place to prevent the carrying out of any further operations by the surgeon in question; if she will direct the Irish Medical Council regarding the possibility of guidelines on the issue, such as the provision of certain basic requirements which need to be met in the course of surgery of this nature; if she anticipates the introduction of legislation to oblige those offering such surgery or those who carry advertisements promoting such surgery to meet specific ethical requirements; and if she will make a statement on the matter. [13908/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I take this opportunity to offer my sincere condolences to the family on their tragic loss. As the Deputy may be aware, the Medical Council is the independent authority charged with primary responsibility for the registration and regulation of medical practitioners in the State. The function of the Medical Council is to protect the public through implementing appropriate controls on the medical profession. Doctors practising medicine in Ireland should be registered with the Medical Council.

The surgical procedure in question was undertaken outside of this country and the relevant authorities in the State concerned are investigating the circumstances in this particular case. It is not appropriate or feasible for an authority or body in this country to have jurisdiction over a doctor practising in another country.

Persons who avail of the services of doctors performing cosmetic procedures, whether in this country or abroad, should endeavour to seek the services of reputable institutions. When invasive procedures are being arranged in so-called cosmetic clinics, persons would be strongly advised to check that the services are provided by a medical practitioner who is appropriately registered with the Medical Council in this country or the appropriate regulatory body in the jurisdiction where the procedure is to be performed. In addition, before agreeing to undergo any procedure, persons should ascertain the level of follow-up medical support which will be available to them after the surgery has been completed.

It is an offence under the Medical Practitioners Act for a doctor to falsely represent himself or herself to be a registered medical practitioner when he or she is not registered. Registration is required to sign medical certificates and to issue prescriptions for certain categories of drugs. In addition, doctors are not entitled to recover in legal proceedings, fees charged for the provision of medical or surgical advice or treatment given when they were not registered.

I have met a delegation from the Medical Council to discuss a number of matters relevant to the current and future system of regulation of the medical profession in Ireland. Among the issues discussed was that of cosmetic surgical procedures and the requirement for appropriate follow-up medical care for patients who undergo these procedures. The delegation outlined to me the council's concerns regarding the operation of cosmetic surgery clinics in Ireland. My Department is currently actively examining ways to address the issues raised.

With regard to promotion of the particular doctor's services through advertising, my Department has no role in relation to the restriction of advertising applicable in this or any other jurisdiction. In relation to advertising by medical practitioners and the provision of ethical advice generally, the Medical Council produces a guide to ethical conduct and behaviour in accordance with section 69(2) of the Medical Practitioners Act. The most recent edition of the guide was published in 2004 and includes guidelines on advertising and the media and practice announcements. The council is in a position to consider alleged breaches of the guide in respect of doctors who are registered with it. However, the council has no authority to deal with complaints against doctors whose names are not entered on its register.