Fergus O'Dowd (Louth, Fine Gael)
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344. To ask the Minister for Health if he will ensure that a response issues to concerns raised by a person (details supplied); and if he will make a statement on the matter. [30553/24]

Stephen Donnelly (Wicklow, Fianna Fail)
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As the Deputy may be aware, the Medical Council’s Guide to Professional Conduct and Ethics for Medical Practitioners (‘the Guide’) outlines the values and principles that underpin professionalism and good medical practice in the interests of patients and the broader population.

I have been advised that the rationale applied in the Council’s drafting process of the 9th edition of the Guide was to remain at a high level in relation to legislation and produce supplementary guidance where necessary, which I understand is in keeping with the approach taken by other international regulatory bodies.

The decision was made by Council to remove the selected references and add an overarching reference to a doctor’s duty to comply with laws and regulations pertaining to their practice. The Guide is very clear and states that the medical profession must comply with, and operate within, the law. As per legislation, it is illegal for all individuals, including doctors, to take part in the deliberate killing of a person, or to assist a person to end their own life. A doctor also has the ability to consciously object to partake in the carrying out of a lawful procedure which conflicts with their moral values, subject to compliance that is outlined in page 42 of the Guide.

In the Medical Council’s preparation for the drafting of the 9th Edition of the Guide, I understand that a comprehensive public consultation took place. I am advised that there were 568 survey responses and 72% of these responses were from doctors. A roundtable targeted consultation with representative stakeholders was organised and informed by this feedback. These consultations generated significant feedback, and this was utilised by the Ethics Committee to inform the drafting of the 9th edition of the Guide.

My Department has been advised that the review of the Guide was undertaken utilising legal advices and based on agreed methodology by the Committee. When drafting, in addition to the consultation feedback, the Committee also considered existing and newly enacted legislation and policy and how it applies to the protection of the public from medical regulatory and legal perspectives. Furthermore, Committee decisions were informed by international comparisons, extensive research, and discussions.

It should be noted that the Medical Council is an independent statutory body, and as Minister I have no role in the Council’s production of the Guide to Professional Conduct and Ethics for Medical Practitioners. Under section 9 of the Medical Practitioners Act 2007, the Minister is precluded from giving policy directions to the Council in relation to the performance of its functions relating to the professional conduct and ethics of registered medical practitioners.

I hope this information is of assistance.