Dan Neville (Limerick West, Fine Gael)
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Question 128: To ask the Tánaiste and Minister for Health and Children if, further to Parliamentary Question No. 94 of 2 December 2004, the Medical Council have examined the report on the death of a person (details supplied); and if the Medical Council has decided on the way in which it intends to deal with the issue. [24014/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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I submitted the report referred to by the Deputy to the Medical Council for its information and for any action which the Medical Council may deem appropriate in November 2004. It was indicated to my Department that the report would be brought to the attention of the Medical Council for discussion in December 2004.

The Medical Council is the independent authority charged with primary responsibility for the registration and regulation of medical practitioners in the State. The Medical Council is the body with statutory responsibility for issues relating to fitness to practice of medical practitioners and I have no function in relation to any such enquiries.

Under section 45(5) of the Medical Practitioners Act 1978 the findings of the Fitness to Practice Committee on any matter referred to it and the decision of the Medical Council on any report made to it by the Fitness to Practice Committee cannot be made public without the consent of the person who has been the subject of the inquiry before the Fitness to Practise Committee unless such person has been found, as a result of such inquiry, to be: (a) guilty of professional misconduct, or (b) unfit to engage in the practice of medicine because of physical or mental disability, as the case may be.

I trust the Deputy will appreciate that I am unable to provide any further information on the Medical Council's response to the report.