Dáil Éireann díospóireacht -
Wednesday, 6 Jun 1990

Vol. 399 No. 7

Written Answers. - An Bord Altranais.

Patrick McCartan

Ceist:

39 Mr. McCartan asked the Minister for Health if he intends to introduce any amendments to the Nurses Act, 1985, clarifying the powers of An Bord Altranais, in light of the recent judgment of the High Court that only the High Court has the power to remove a State registered nurse from the Register of Nurses; and if he will make a statement on the matter.

Minister for Health (Dr. O'Hanlon)

The Nurses Act, 1985, provides that it is the High Court which has the effective decision on any application concerning the erasure of the name of any person from the register of nurses maintained, in accordance with the Act, by An Bord Altranais.

It is accordingly a function of the High Court, in every case, to either confirm a decision made by An Bord Altranais that the name of any person should be erased and to direct the board to erase the name of such persons from the register or to cancel the decision made by An Bord Altranais or to give such other directions to the board as the court thinks proper.

The recent judgment of the Supreme Court, which I assume is being referred to by the Deputy, relates to the manner in which an application to the High Court for cancellation of a decision of the board should be treated by the court.

The judgment concerns judicial procedure and accordingly does not impose any requirement for amendment to the Nurses Act, 1985.