James Reilly (Dublin North, Fine Gael)
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Question 257: To ask the Minister for Health and Children if she will report on the issue of medical negligence insurance for medical practitioners; if such insurance is obligatory; if the Medical Council can as of right demand evidence that such insurance is in place before a doctor is given a licence to practise; if she will confirm that there is no loophole in regulations that would allow medical practitioners to practise without professional medical negligence insurance; and if she will make a statement on the matter. [31901/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Professional indemnity insurance is not a requirement for registration with the Medical Council. However, section 4.15 (Professional Indemnity) of the Medical Council's publication "A Guide to Ethical Conduct and Behaviour" states: "Doctors must ensure that they have adequate professional indemnity for the work they perform". Consultants, NCHDs, public health doctors and other clinical staff in the HSE and other agencies covered by the Clinical Indemnity Scheme (CIS) are provided with professional indemnity cover in respect of all work undertaken as part of their normal duties. It is important to stress that the CIS does not provide cover to individuals per se. The cover is provided to the agencies scheduled in the two Orders made under the National Treasury Management Agency (Amendment) Act 2000. Doctors are covered by virtue of being employees of these agencies. While consultants are covered for the treatment of private patients in public hospitals they are not covered for private practice outside the public hospitals and need to organise professional indemnity cover for this work.