Nurses Bill, 1949—Report Stage.
Government amendment No. 1:—
In page 4, Section 2, line 19, to delete "maternity nurses" and substitute "midwives".
There are 27 amendments which I have tabled to this Bill and which relate entirely to the replacement of the expression "maternity nurse" by the word "midwife" and the expression "maternity nursing" by the word "midwifery". I think it would convenience the House if we could discuss all these amendments together. They are Nos. 1 to 8, 14 to 27, 29, 31 to 33 and 35.
The proposal which is embodied in this amendment was touched on on Committee Stage. Certain views were expressed at that time by Senators who were sympathetic to the idea, particularly in view of the possibility that the adoption of the word "midwife" might endanger the reciprocity which at present exists with Britain in relation to this section of the nursing profession. Also, the amendment has been considered by me in view of certain representations which have been made by the Central Midwives Board who were rather anxious to keep the word "midwife" in preference to the term "maternity nurse". In relation to the question of reciprocity, we have been able to establish that, even if we were to continue the expression "maternity nurse", this would in no way endanger the reciprocity which exists between Great Britain and our own country at the present time. My main reason for introducing this amendment is in deference to the wishes of the members of the Seanad, expressed in Committee, and also the views held by the Central Midwives Board. The change is purely one of nomenclature and is not one which affects in any way the basic principles of the Bill. It is in these circumstances that I introduce the amendment.
It was Senator Bigger who first drew attention to this matter. I supported it. We did it on representations from the Midwives Board who felt that they would be deprived of the reciprocity which the Minister has explained exists. It was for that reason that they wanted to retain the expression "midwife" and it was for that reason that we suggested on Committee Stage that that term should be retained. I believe that, notwithstanding the assurance the Minister may have got, there might be difficulties created by substituting the term "maternity nurse" for "midwife". The Minister may have got an assurance at top level that it makes no difference but, in view of the fact that the regulations of local authorities in England and Northern Ireland are framed very definitely and declare that certain qualifications in midwifery are essential, it might very easily be argued that a candidate for a job there who had a maternity nurse's certificate did not comply with the regulations.
I am glad and I am sure Senator Bigger and the midwives will be glad that the Minister has facilitated them and has done what they requested. It does not in any way injure the Bill. It takes nothing from it. It is better to have the Bill in the form in which those whose livelihoods are concerned desire it to be.
In view of the assurance given by the Minister that the changes are made as result of consultation between the two organisations, we are prepared to accept the amendment.
Amendment agreed to.
The following Government amendments were agreed to:—
2. In page 4, Section 2, to delete lines 31, 32 and 33 and substitute the following:— the word "midwife" means a person registered in the midwives division.
3. In page 4, Section 2, lines 34 and 35, to delete "‘maternity nurses' division' means the division of the register of nurses, applicable to maternity nurses' and substitute "‘midwives division' means the division of the register of nurses applicable to midwives."
4. In page 4, Section 2, lines 39, after "nurses" to add "and include a midwife and the word ‘nursing' includes midwifery."
5. In page 6, Section 13 (2), line 40, to delete "maternity nursing" and substitute "midwifery."
6. In page 9, Section 26, line 31, to delete "maternity nurses" and substitute "midwives."
7. In page 10, Section 29 (2), line 11, to delete "maternity nurses" and substitute "midwives."
8. In page 10, Section 30 (2), lines 28 and 29, to delete "nurse qualified in maternity nursing" and substitute "midwife."
Government amendment No. 9:—
In page 10, Section 31 (2), lines 39 and 40, to delete "ceases to be a member of the board" and substitute "becomes disqualified in pursuance of Section 38 of this Act from being a member of the committee".
This amendment is necessary in order to make clear that members of an outgoing board can continue to act on the committee until a new committee is appointed, even if such members have failed to secure election or nomination to the new board in an election year.
Amendment agreed to.
Government amendments Nos. 10, 11 and 12:—
In page 12, section 40, before sub-section (1), to insert the following new sub-section:—
() In this section the expression "the former board" has the same meaning as it has in the Act of 1944.
In page 12, Section 40 (2), line 23, after "body" to insert "and service under the former board".
In page 12, Section 40 (2), line 27, after "body" to insert "and service under the former board".
These amendments are introduced in fulfilment of my undertaking on Committee Stage to safeguard the existing rights as to superannuation of those who are to become officers and servants of the proposed board. The amendments will have the effect of retaining the right of eligibility for pensions and gratuities in respect of service under the pre- 1944 board which was conferred by the 1944 Midwives Act on officers of the Central Midwives Board.
Amendments agreed to.
Government amendment No. 13:—
In page 12, Section 40 (2), line 38, to add at the end of the sub-section "other than persons who were, immediately prior to the establishment date, pensionable officers or servants of a dissolved body".
This amendment will ensure that officers and servants who are pensionable at present will not have to make contributions under the Bill to any new superannuation. It is obvious that if officers are eligible to receive pensions, without having to pay contributions at present, it would represent a worsening of their conditions if contributions had to be paid under any superannuation scheme which might be introduced later.
Amendment agreed to.
The following Government amendments were agreed to:—
In page 13, Section 41 (1), line 6, to delete "maternity nurses" and substitute "midwives".
In page 13, Section 45 (1), lines 40 and 41, to delete "maternity nurse" and substitute "midwife".
In page 13, Section 45 (2), line 46, to delete "maternity nurses" and substitute "midwives".
In page 13, Section 45 (3), line 53, to delete "maternity nurses" and substitute "midwives".
In page 14, Section 46 (1), lines 2 and 3, to delete "maternity nurse should be removed from the maternity nurses" and substitute "midwife should be removed from the midwives".
In page 14, Section 46 (2), lines 6 and 7, to delete "maternity nurse from the maternity nurses" and substitute "midwife from the midwives".
In page 14, Section 46 (3), line 11, to delete "maternity nurse, the committee shall afford the nurse" and substitute "midwife, the committee shall afford the midwife".
In page 14, Section 46 (4), line 16, to delete "maternity nurses" and substitute "midwives".
In page 14, Section 46 (5), line 19, to delete "maternity nurse from the maternity nurses" and substitute "midwife from the midwives".
In page 14, Section 48 (1), line 28, to delete "maternity nurses" and substitute "midwives".
In page 14, Section 48 (2), line 31, to delete "maternity nurses" and substitute "midwives".
In page 14, Section 49 (1), line 37, to delete "maternity nurses" and substitute "midwives".
In page 14, Section 49 (3), line 51, to delete "maternity nurse" and substitute "midwife".
In page 16, Section 56 (1), line 4, to delete "maternity nurse".
Government amendment No. 28:—
In page 16, Section 56 (1), line 9, to delete "maternity nurse, or" and substitute "midwife or, save in the case of a registered medical practitioner, implying that such person is specially qualified in midwifery, or".
This amendment is drafted on the lines of a recommendation made by the Central Midwives Board. The amendment merely brings the section more closely into conformity with Section 42 of the Midwives Act, 1944, which is being repealed.
Amendment agreed to.
Government amendment No. 29:—
In page 18, to delete Section 68 (1) (c), lines 43 to 45, and substitute the following:-
"(c) the references to the roll of midwives shall be construed as references to the midwives division; and".
Amendment agreed to.
Government amendment No. 30:—
In page 19, before Section 73 to insert the following new section:—
Until such time as a pension scheme comes into force pursuant to Section 40 of this Act, the provisions of sub-section (4) of Section 17 of the Act of 1944 shall apply to officers and servants of the board who were, immediately prior to the establishment date, officers and servants of the Central Midwives Board and the said sub-section (4) shall for that purpose and for no other purpose be deemed not to have been repealed by this Act.
This section follows the undertaking I gave on the Committee Stage that the existing eligibility of officers of the Central Midwives Board for pensions will be preserved. It will be open to the new board, when constituted, to prepare and submit under Section 40 of the Bill a pensions scheme for all its officers and servants, which would include those of the General Nursing Council who have no pension rights at present.
Amendment agreed to.
Government amendments Nos. 31 to 33:—
In page 20, Section 76 (2), line 28, to delete "maternity nurses" and substitute "midwives".
In page 20, Section 76 (2), line 30, to delete "maternity nurses" and substitute "midwives".
In page 20, Section 76 (2), line 43, to delete "maternity nurses" and substitute "midwives".
Amendments agreed to.
Government amendment No. 34:—
In page 20, Section 76, after line 48, to add the following new sub-section:—
(3) Pending the making of rules for the purposes of Section 43 of this Act, nothing shall be construed as prohibiting the registration in the register of nurses in accordance with arrangements operated by a dissolved body and in force immediately prior to the establishment date, of persons who have undergone training and passed examinations outside the State.
Section 43 of the Bill as drafted, refers to "examinations specified in the rules". The existing rules do not specify examinations, however, and it is thought desirable to put beyond any doubt the continuance of existing arrangements governing reciprocity pending the making of rules for the purposes of Section 43.
Amendment agreed to.
Government amendment No. 35:—
In page 21, to delete Section 79 (2), lines 24 to 33, and substitute the following sub-section:—
(2) Subject and without prejudice to any adaptation or modification made by the Minister under sub-section (1) of this section, the following provision shall have effect in relation to every enactment (whether relating or not relating to any matter or thing dealt with by this Act) which is in force at the commencement of this Act, that is to say, references therein to the roll of midwives shall be construed as references to the midwives division.
Amendment agreed to.
Bill reported with amendments.
I think it would be better to take the Final Stages next week. Quite a lot of small amendments have been put in and if we are to do our job properly we should read it and see if any points should be raised. It would be a wise precaution rather than putting it through now.
Final Stage ordered for Wednesday, 15th March.
Will the Chair accept amendments to the Bill now?
For the Fifth Stage? Oh no.
