Since the Supreme Court's ruling on the Solicitors Act, 1954, the position of the Veterinary Council of Ireland in relation to the exercise of its disciplinary powers has been a most unsatisfactory one. The council has, in fact, found itself obliged to refrain from the exercise of these powers in any case. It 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. It is in these circumstances and for this purpose that this Bill was introduced.
The existing provisions relating to the Veterinary 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 proposals in the Bill involve the modification of Sections 34 and 36 of the Act of 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 Veterinary 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 suspension 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.
The construction of the Bill is quite simple. It substitutes for Section 34 of the Act of 1931, which deals with erasures on account of conviction for crimes, the new section set out in Part I of the First Schedule. This new section, which is an amended and extended version of the existing section 34, provides for the proposed new procedure I have already explained. The section set out in part II of the First Schedule replaces Section 36 of the Act of 1931 dealing with erasures on account of professional misconduct and, as well, Section 7 of the Act of 1952 dealing with suspensions of registration on account of professional misconduct. It also provides, of course, for the proposed new procedure. The Second Schedule to the Bill shows the particular provisions of the 1931 and 1952 Acts which require to be repealed in consequence of the provisions contained in the two new Sections 34 and 36. These repeals are routine ones.
The Veterinary Council of Ireland, which has, of course, been fully consulted, welcomes the Bill and has expressed complete agreement with its provisions.