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General Practitioner Services

Dáil Éireann Debate, Wednesday - 15 May 2019

Wednesday, 15 May 2019

Questions (151)

Declan Breathnach

Question:

151. Deputy Declan Breathnach asked the Minister for Health his views on the process that is followed or guidelines that are given by the Medical Council of Ireland to general practices when vetting or hiring general practitioners who may have been struck off in another jurisdiction; and if he will make a statement on the matter. [20962/19]

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Written answers

To practice medicine in Ireland a doctor must be registered with the Medical Council. The Medical Council reviews the doctor’s qualifications to ascertain which division on the register the doctor may be registered on as set out in the Medical Practitioners Act 2007. It is the responsibility of the employer to ensure a doctor they are hiring is registered on the correct division of the Medical Council Register for the role they are applying for. The Medical Council has no role in employing doctors.

When applying for registration a doctor must make a number of declarations, including whether or not they have been subject to disciplinary procedures such as Fitness to Practise or have a criminal conviction in another jurisdiction. The Medical Council is also part of the IMI (Internal Market Information) system which means that when a practitioner is sanctioned (including erasure/cancellation) in other EU jurisdictions the Medical Council will receive an alert. If a practitioner is the subject of a notice from an IMI alert is also on the Medical Council's register the Council may decide to take its own disciplinary action. If the Council has strong concerns about a practitioner the Council may use Section 60 of the Medical Practitioners Act 2007 to apply to the High Court to seek an emergency suspension of a practitioner’s registration in order to protect the public, pending the outcome of the disciplinary process as per the Act.

The National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 provides a statutory basis for the vetting of persons carrying out “relevant work with children or vulnerable persons”.

Garda vetting is an integral part of the HSE recruitment and selection process for positions which constitute “relevant work” and the onus is on the management of a service to determine if a vetting disclosure is required.

General practitioners are not employees of the HSE they are private contractors providing services under contract on behalf of the HSE. However, the HSE, in compliance with legislation, requires GP contractors to be Garda vetted before a contract is awarded.

As private employers, it is a matter for each GP practice to assess whether its employees would have access or contact with children or vulnerable persons as contemplated by the legislation. If so, they should be Garda vetted. Failing to carry out Garda vetting when it is required is an offence.

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