Jan O'Sullivan (Limerick East, Labour)
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Question 208: To ask the Minister for Health and Children the reason a doctor against whom a claim of negligence has been made is allowed to continue to practice while that complaint is under investigation; and if she will make a statement on the matter. [21424/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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If the case referred to by the Deputy relates to a civil action I would have no involvement in the matter.

The procedure for making a complaint to the Medical Council concerning a registered medical practitioner is set out in the Medical Practitioners Act 2007. A person may make a complaint to the Council's Preliminary Proceedings Committee on specified grounds. If, following examination of the complaint, the Preliminary Proceedings Committee considers that a prima facie case exists, it is referred to the Fitness to Practise Committee for an inquiry. Following an inquiry, if relevant allegations are considered proven by the Fitness to Practise Committee the Medical Council decides on what sanction should be imposed.

The Medical Council, however, may make an application to the High Court for an order to suspend the registration of a registered medical practitioner, whether or not the practitioner is the subject of a complaint, if the Council considers that the suspension is necessary to protect the public. Under the Act it is unlawful for any unregistered medical practitioner to practise medicine.