Dáil Éireann debate -
Tuesday, 3 Apr 2001

Vol. 533 No. 6

Written Answers. - Medical Council.

Gay Mitchell

Question:

276 Mr. G. Mitchell asked the Minister for Health and Children if he has satisfied himself with the reporting procedures for medical council inquiries, particularly in relation to informing participants of the outcome. [10013/01]

Bernard Allen

Question:

286 Mr. Allen asked the Minister for Health and Children the meetings and discussions he has had with the Medical Council regarding legislation on health practitioners; and the dates these meetings took place in 2000 and 2001. [10023/01]

Bernard Allen

Question:

287 Mr. Allen asked the Minister for Health and Children if he will make a statement on recent concerns expressed by the Medical Council (details supplied) with regard to the lack of progress in introducing new legislation on health practitioners. [10024/01]

Minister for Health and Children (Mr. Martin):

I propose to take Questions Nos. 276, 286 and 287 together.

The Medical Council is an autonomous statutory body established by the Medical Practitioners Act, 1978. The Medical Council is the authority responsible for the provision of registration and control of persons engaged in the practice of medicine under the Medical Practitioners Act, 1978.

The fitness to practise committee of the Medical Council is called upon to consider the conduct of a registered doctor on allegations of professional misconduct and/or unfitness for health reasons to engage in the practice of medicine. Part V of the Medical Practitioners Act, in defining how the committee processes an application for such an inquiry, precludes the Medical Council or the fitness to practise committee from making public any matter concerning a registered medical practitioner that is being addressed.

Section 45 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.

Work on the preparation of a new Medical Practitioners Act is currently under way. This process has involved extensive consultations with interested parties and I expect to be in a position to bring forward draft legislation later this year. Any amendment to the existing Act will examine the composition of the Medical Council to ensure that it equitably balances the interests of the gen eral public and the medical profession as well as ensuring appropriate openness and transparency in the performance of its functions.

A series of meetings have taken place with the Medical Council regarding the preparation of the new Medical Practitioners Act. The dates of these meetings are 28 March 2000, 10 April 2000, 4 May 2000, 1 June 2000, 30 June 2000 and 6 November 2000.