James Reilly (Dublin North, Fine Gael)
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Question 359: To ask the Minister for Health and Children if there are any medical doctors practising here who have been removed from the practitioners' register in the UK; the mechanisms in place to ensure that this does not happen; and if she will make a statement on the matter. [48092/08]

James Reilly (Dublin North, Fine Gael)
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Question 363: To ask the Minister for Health and Children if there are medical doctors practising here who have been removed from the practitioners' register in the UK; and the mechanisms in place to ensure that this does not happen. [48110/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 359 and 363 together.

The Medical Council is the statutory body charged with responsibility for the registration of medical practitioners and the regulation of their activities. When a medical practitioner has been erased in another jurisdiction, the Medical Council does not have the power to automatically erase that practitioner's name from the register without holding an inquiry carried out in accordance with the provisions of the Medical Practitioners Act 2007. This is a constitutional matter which has previously been ruled on by the Supreme Court. Therefore, it is possible for a medical practitioner, whose name has been removed from the General Medical Council's register in the UK, to remain on the Medical Council's register in Ireland. Circumstances where such a situation could occur would include the following:

(i) where the circumstances leading to a doctor's removal from the UK register have yet to be investigated by the Medical Council in Ireland;

(ii) where the circumstances leading to a doctor's removal from the UK register could not be properly investigated by the Medical Council in Ireland as a result of UK-based witnesses' refusal to participate in an inquiry;

(iii) where, following a statutory inquiry, the Medical Council made a decision not to apply to the High Court to have that doctor's name erased having been unable to prove the case; or

(iv) where the High Court refused to confirm the Medical Council's decision to erase the doctor's name. The occurrence of this situation, however, is rare.

The Medical Council has established a system of information exchange with the UK General Medical Council whereby the relevant information arising from the outcome of all disciplinary procedures affecting a registered medical practitioner's registration, in either jurisdiction, is exchanged, unless, in the case of the Medical Council, it is prevented from doing so by the High Court. The Council is notified of a decision when a medical practitioner has been erased from the register by the General Medical Council in the UK. The Council then considers the matter in accordance with the Medical Practitioners Act 2007.