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Dáil Éireann debate -
Thursday, 28 Jun 2001

Vol. 539 No. 3

Written Answers. - Fitness to Practice Commission.

Proinsias De Rossa

Question:

76 Proinsias De Rossa asked the Minister for Health and Children if, in view of the number of cases being investigated or about to be investigated by the Medical Council's Fitness to Practice Committee, he will outline the changes he intends to make to ensure that the Medical Council can carry out its work without undue delay; the way in which he intends to establish a competence assurance framework for the profession; and if he will make a statement on the matter. [19201/01]

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 heads of the Bill later this year. The functioning of the Medical Council's Fitness to Practice Committee will be addressed in the new legislation.

The Medical Council has made significant progress towards the introduction of competency standards for Irish doctors. The council has recently appointed a Director of Competence Assurance. He will work with the Medical Council, the professional training bodies and an external reviewer in drawing up a structure which is scheduled to come into force in the next few years. A structure is needed because it is clearly important that doctors are able to demonstrate that competence is maintained, particularly to the public. I understand that the detail will be developed in close consultation with the key stakeholders, including doctors and their representatives, and they will be engaged in both a formal and informal way in developing the competency assessment structures.

I have recently commissioned a review of the competence assurance law in jurisdictions comparable to Ireland and the potential implications of the Freedom of Information Act upon this process. This review is currently with my Department and therefore not available for publication in its original form until its function of informing the drafting of heads of the Bill for the new Medical Practitioners' Act has been discharged. The report includes an overview of the need for competence assurance, the obstacles and opportunities afforded by the Freedom of Information Act, 1997 and the legislative measures enacted both in Australia and the United States to protect doctors who are either undergoing or overseeing the competence assurance process.
It has proved readily possible in countries with legal traditions and Freedom of Information legislation analogous to Ireland's to introduce effective statutes enabling competence assurance to accommodate the broad and specific concerns of doctors and patients regarding confidentiality and legal privilege.
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