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Dáil Éireann debate -
Tuesday, 19 Oct 1999

Vol. 509 No. 4

Written Answers. - Disciplinary Proceedings.

Liz McManus

Question:

241 Ms McManus asked the Minister for Health and Children the disciplinary proceeding, if any, by the Medical Council, or other body, taken or proposed to be taken against the doctor involved in the case of baby A and an agency (details supplied) where the High Court found that the mother of the infant identified was one of around 50 girls with crisis pregnancies referred by the agency to the same general practitioner. [20645/99]

The Medical Council was established to provide for the registration and control of persons engaged in the practice of medicine under the Medical Practitioners Act, 1978. This Act provides that the Medical Council, or any person, may apply to the Fitness to Practise Committee for an inquiry into a named registered medical practitioner and if such an application is received the committee is required to decide if there are sufficient grounds for the holding of a sworn inquiry.

The provisions of Part V of the Act are such as to preclude the Medical Council or the Fitness to Practise Committee from making public any matter concerning a registered medical practitioner that is being addressed. The legislation provides that where a practitioner has been found guilty of professional misconduct and/or unfit to practice following a sworn inquiry, it is open to the Medical Council to make such a finding public and it is the usual practice of the Council to do so when all proceedings have been completed. Where no finding has been made of professional misconduct and-or unfitness, the matter may only be made public with the consent of the practitioner.

With regard to taking disciplinary proceedings in the case of the agency involved, as I stated last month in the House, there is no legislation governing the provision of counselling services and those employed as counsellors are subject only to regulatory regimes and guidelines operated by their respective professional bodies. The Department is currently examining whether counselling services should be regulated and, if so, what form such regulation might take.

I have been in contact with the Garda Síochána with a view to establishing if they intend pursuing a criminal investigation in this matter and I am currently awaiting a reply. I have also referred the matter to the Adoption Board for consideration. I will communicate further with Deputy McManus on this issue in due course.

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