Deputies will be familiar with this Bill which has been through all Stages in the Dáil and Seanad. An amendment was proposed in the Seanad and I wish to outline the reason for that.
As I explained when I presented the Bill to the House last autumn, the amendments proposed in the Bill can be divided into two broad strands. The first strand derives from the relatively broad definition of the practice of veterinary medicine in the Veterinary Practice Act 2005 and the need to ensure that certain ancillary activities and services concerning animals which have traditionally been carried out safely by non-veterinary surgeons or nurses do not become the preserve of the veterinary profession. The legal advice obtained by my Department is that having regard to the existing definition of veterinary practice in the Act, there could be doubt as to the status of these procedures carried out on animals, particularly in the event of legal disputes arising. The procedures I have in mind include farriery, equine dentistry, bovine hoof trimming, microchipping of companion animals, scanning of cattle and sheep and physiotherapy. This list is not exhaustive and it may be appropriate at some time in the future to include other procedures on the exemption list.
In summary, I am proposing to resolve the legal difficulty by inserting provisions into the Act to enable me or any future Minister, under delegated powers to make regulations to exempt certain procedures from being reserved to vets or veterinary nurses. In exercising these regulation making powers I will be subject to the principles and policies set down in the Bill. The Bill also provides for formal consultation with the Veterinary Council of Ireland before any activity is exempted. There will be extensive consultation with the various stakeholders before any regulations are adopted.
The second strand of the Bill relates to changes being proposed to streamline and improve the operation of the 2005 Act in light of the experience since its implementation in January 2006. In the majority of cases, the changes proposed derive from suggestions put forward by the Veterinary Council of Ireland based on its direct experience of implementing the 2005 Act. The proposed amendment also takes account of more recent legislation governing the regulation of the professions, including in particular the Medical Practitioners Act 2007 and the Pharmacy Act 2007. The Bill has to come back to the Dáil because the Seanad approved an amendment to section 91 of the 2005 Act. The amendment of section 9(o) of the Bill comes as a result of representations by the veterinary profession subsequent to its passage through this House and is designed to clarify and update the particular aspects of veterinary practice which veterinary nurses are permitted to carry out.
The amendment comprises three aspects. First, it clarifies what nurses may do by way of minor surgery. Some stakeholders believe the existing definition in section 91(3) of the Act could be open to misunderstanding. The revised definition, which is intended to clarify rather than expand or restrict the range of specific functions nurses may undertake by way of minor surgery, has been arrived at following detailed consultations with concerned parties, including the Veterinary Council and the UCD veterinary faculty. Second, it is designed to afford nurses greater latitude in administering certain forms of treatment. Currently these treatments can only be administered by a nurse while in the presence of a vet. Given the higher level of confidence between the two professions and the improved training of nurses since the adoption of the 2005 Act, the amendment enables nurses to administer the treatments when the overseeing vet is not physically present. This should facilitate more effective management of clinical situations. Third, it clarifies the terminology in the Act relating to the functions that nurses may perform in the context of sedating animals in preparation for surgery and post-operative situations.
The proposed amendment reflects careful consideration and wide consultation. It is consistent with the overall thrust of the Bill, which is to permit procedures to be conducted by a competent person. It is also intended to facilitate the further development of the veterinary nursing profession, working in collaboration with their veterinary practitioner colleagues. I hope the House will agree that the amendment is in the interest not only of the nursing profession but also of bringing services to animal owners on a cost effective basis while ensuring the appropriate level of quality assurance.
This Bill has been a positive exercise in terms of Opposition input and I would like to think the Government has taken on board the concerns expressed in the Seanad and the Dáil. I hope Deputies will be able to support this final amendment and I commend it to the House.
