Michael Moynihan (Cork North West, Fianna Fail)
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193. To ask the Minister for Health the number of persons required for a quorum in respect of a fitness to practice hearing for Health Service Executive staff members; if this number can be altered under direction from him; the procedure involved in such an alteration; his function in such cases; and if he will make a statement on the matter. [26478/14]

James Reilly (Dublin North, Fine Gael)
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The Health Service Executive does not hold fitness to practise hearings. Fitness to practise hearings are the statutory function of each of the six individual health professional regulators. The following regulators undertake fitness to practise hearings - The Medical Council, The Dental Council, The Pharmaceutical Society of Ireland, The Nursing and Midwifery Board of Ireland and the Opticians Board. The Health & Social Care Professionals Council has not yet commenced operation of its fitness to practise provisions but arrangements are currently being put in place to have it commenced with effect from December, 2014. These regulators regulate professionals in both the public and private sector.

The legislation governing each of these professions outlines the Fitness to Practise process. Some of the governing legislation refers to a quorum. For example, Section 34 of the Pharmacy Act 2007 refers to the quorum for the disciplinary committees. The Medical Practitioners Act 2007 Schedule 2 and the Nurses and Midwives Act 2011 Schedule provide for the quorum of the Council/Board for meetings where the matter of the imposition of a sanction in on the agenda (the quorum is 10 and 9 respectively).

I have no powers in relation to these regulators' statutory function of fitness to practise.

The HSE, as an employer, operates a Disciplinary Procedure for employees of the Health Service Executive. This procedure includes provision for a Disciplinary Hearing. However I have no role or function in the operation of Disciplinary Procedure or any hearings held under it.