I move that the Bill be now read a Second Time. The purpose of this Bill is to rectify the existing unsatisfactory position in relation to the exercise by the Veterinary Council of Ireland of its disciplinary powers.
The existing provisions relating to the council's disciplinary powers are contained in the Veterinary Surgeons Acts, 1931 and 1952. Section 34 of the Act of 1931 provides that the council may erase from the Register of Veterinary Surgeons persons convicted of crimes. Section 36 of the same Act provides that the council may, where it finds after due inquiry or investigation that a person has been guilty of professional misconduct, erase the name of such person from the register. Section 7 of the Act of 1952 provides for suspension of registration on account of professional misconduct.
The validity of these provisions has, since the Supreme Court's ruling on the Solicitors Act, 1954, been open to doubt and as a consequence the Veterinary Council has found itself obliged to refrain from exercising in any case these powers of erasure or suspension of registration. The council has expressed to me its deep concern at the present unsatisfactory position and its anxiety to have the position rectified in the interest of the veterinary profession. The Council of the Royal College of Veterinary Surgeons is equally anxious that this should be done so that the reciprocal arrangements in the matter of disciplinary proceedings, as provided for under the veterinary agreement with the British Government, should again effectively apply.
The present Bill embodies the proposals for dealing with the situation. These proposals involve the modification of Sections 34 and 36 of the Veterinary Surgeons Act, 1931, and of Section 7 of the Act of 1952 to provide that erasures, or suspensions of registration, on account of conviction for crimes or of professional misconduct could be effected by the council only on direction of the High Court. The council would as heretofore be enabled, after due inquiry, investigation, or consideration of the case as may be required, to decide that appropriate disciplinary action (that is, erasure or suspension of registration) should be taken. It would be open to the person concerned to apply within 14 days to the High Court for cancellation of the council's decision and the High Court, on hearing the application, would either cancel the decision, or confirm the decision and direct the council to take the appropriate disciplinary action, that is, erasure or suspensions of registration. Where the person concerned did not within 14 days apply accordingly to the High Court, or where he delayed unduly in proceeding with an application, the council would be enabled to apply to the High Court for confirmation of the decision and the High Court would, unless it saw good reason to the contrary, confirm the decision and direct the council to take the appropriate disciplinary action.
These, then, are the purposes and general provisions of the Bill. Its construction is simple: it substitutes for Sections 34 and 36 of the Act of 1931 two new sections providing for the proposed procedure I have already explained. The new Section 36 deals both with erasures and suspensions of registrations on account of professional misconduct; section 7 of the Act of 1952 containing the existing provisions relating to suspensions is being repealed. The other repeals provided for are also consequential ones.
The Veterinary Council of Ireland has, of course, been fully consulted. The council welcomes the Bill and has expressed complete agreement with its provisions.