Pádraig Rice (Cork South-Central, Social Democrats)
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1077. To ask the Minister for Health further to Parliamentary Question No. 8 of 26 June 2025, if she has clarified whether her position as Minister precludes her from making a complaint to the Medical Council of Ireland (details supplied); if so, to identify the relevant legislative provisions; and if she will make a statement on the matter. [63346/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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As the Deputy is aware, the Medical Council is an independent statutory body which operates under the Medical Practitioners Act 2007.

Section 57(1) of the 2007 Act provides that a person, (including the Council) may make a complaint to the Chief Executive Officer of the Medical Council concerning a registered medical practitioner on one or more grounds set out in that section.

Further to my response to the Deputy of 26 June 2025, I can confirm that the legislative base for this understanding is Section 2(1) of the Ministers and Secretaries Act 1924. The1924 Act provides that each Minister is a corporation sole under their official title. This means that all actions taken by me as Minister are performed in my capacity as a corporation sole, acting as a legal entity, rather than as a natural person. This includes making a complaint to the Medical Council about any registered medical practitioner.

In addition, Section 9(1) of the 2007 Act, which enables me, as Minister, to give general policy directions in writing to the Council, prohibits me from issuing such directions regarding functions relating to the professional conduct and ethics of registered medical practitioners, or under any of Parts 7, 8 and 9 of the Act. These Parts relate to the Council’s fitness to practise functions and include section 57 under which complaints are made.

Therefore, as Minister for Health, I am not in a position to make a complaint to the Medical Council in respect of a registered medical practitioner.