Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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Question 51: To ask the Minister for Health and Children his plans to amend disciplinary procedures for social workers who fail in their duty to protect children; and if he will make a statement on the matter. [7555/11]

James Reilly (Dublin North, Fine Gael)
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The Health and Social Care Professionals Act 2005 provides for the establishment of a system of statutory registration for twelve health and social care professions including Social Workers. The structure of the system of statutory registration will comprise a registration board for each of the professions to be registered, a Health and Social Care Professionals Council (HSCPC) with overall responsibility for the regulatory system and a committee structure to deal with disciplinary matters under the fitness to practise framework. The Act is being commenced on a phased basis.

The first Registration Board to be established under the HSCPC, the Social Workers Registration Board, was appointed in August 2010 and has been working with the Council to put in place the administrative arrangements for the opening of the Register. It is envisaged that the Social Workers Register will be open to registrants by early summer this year. Part 4 of the Health and Social Care Professionals Act 2005 refers to issues of registration, including the establishment and maintenance of registers and the granting of registration by a registration board. Section 38 (1) (c) of the 2005 Act provides that the registration board of a designated profession shall grant registration to any person who satisfies the board that he or she is a fit and proper person to engage in the practice of the profession.

Part 6 of the Health and Social Care Professionals Act 2005 refers to issues concerning complaints and disciplinary sanction in relation to registrants. A complaint may be made to the Council concerning a registrant on a number of issues including, professional misconduct, poor professional performance, or impairment of the registrant's ability to practice the designated profession concerned because of a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs. It is planned to commence this provision in respect of Social Workers as soon as is practicable.