By way of introduction to our position paper we note that when introducing the Veterinary Practice Bill in the Seanad, the Minister for Agriculture and Food, Deputy Mary Coughlan, made the following comments:
Cé go bhfuil an Bille seo tábhachtach, tá sé fada. Tá súil agam go mbeidh díospóireacht bhreá againn agus go mbeidh an dlí is fearr ar fáil ag éirí as an díospóireacht.
She went on to say, "It is important to place on record that this is not a matter of imposing a new regime on an unwilling profession," and that she was:
bringing forward a comprehensive Bill which is designed to bring regulation of the veterinary profession fully up to date, taking account of the many developments in the environment within which the profession operates since the original legislation was enacted and which will also serve the needs of the profession in the years ahead.
She concluded by saying that this was "well balanced legislation" which "takes account of both the needs of the profession and the public interest" by creating "a regulatory framework suited to modern circumstances."
Veterinary Ireland, the organisation for the profession, welcomes the publication of the Bill which provides for definite improvements over some aspects of the existing legislation. These are highlighted in our position paper which is designed to provide advice and guidance, from the professionals at the veterinary practice coalface for the legislators, to assist them in the legislative process. We want to work with the Minister and everyone involved to ensure the Bill, which will eventually be passed, is the best it can be for the profession, for the animals under its care, for the changing needs of veterinary clients and for protection of public health generally.
Against this background we present the following commentary and recommendations. Veterinary practitioners are actively reviewing the full implications of the Bill's proposals and will continue to do so. Wherever potential improvements are identified as the legislative process unfolds, these will be highlighted by Veterinary Ireland. In the meantime the following commentary and recommendations arise from Veterinary Ireland's initial consultations with its membership throughout the country. They focus on some key issues that have arisen. For ease of reference they are treated in the same sequence as they arise in the Bill.
I will first deal with the definition of "emergency". Section 2(1) has to be read in conjunction with a later section, 56(2), which provides for non-veterinarians carrying out treatment in an "emergency". As the definition of "emergency" includes "the putting down of the animal", it is important that this must be done humanely and only where absolutely necessary. Veterinary Ireland's recommendations are to amend the definition of "emergency" to provide for "humane" putting down and to change the reference in section 56(2) from "where a registered person is not immediately available", to, "is not available within a reasonable time".
The proposed membership of the Veterinary Council as set out in section 16 is a matter of concern for us. The current council has 17 members, of which 14 are vets, 12 elected, one appointed by the National University of Ireland and the chief veterinary officer from the Department of Agriculture and Food, appointed by the Minister. The proposed new council will also have 17 members, of which as few as eight could be vets, seven elected and one ministerial appointee.
The public interest reasoning behind the Minister's decision to broaden the membership of the Veterinary Council is understood. Veterinary surgeons, however, with their specialised knowledge, provide important insights into the operation of the profession and care should be taken not to lose this. On a very practical note, considering all the functions of the new council, the proposed composition will simply not include enough vets to carry out effectively their designated roles in committees, etc.
The following recommendations would go some way to catering for this potential shortcoming without losing the public interest dimension. The key protection for the public lies with the fitness to practice committee provision in section 72, where non-registered persons will always have an inbuilt majority, including legal expertise.
Veterinary Ireland has three separate but related recommendations. The number of vets could be increased slightly, first, by removing the entitlement to a nominee in section 16(1)(d) of the Minister for Education and Science and increasing the number of elected vets to eight. Higher education is covered separately and adequately with two nominees under section 16(1)(e). Currently the NUI nominates the dean of the veterinary faculty and this practice should be continued by providing specifically for such an arrangement under this section.
The Bill proposes the appointment of one person who performs functions relating to animal welfare, but goes on to exclude the possibility of this person being a vet. This exclusion should be removed from section 16(1)(c ).
I will now deal with section 46 on limited registration. The Minister for Agriculture and Food, Deputy Coughlan, in her speech to the Seanad when introducing the new Bill, stated:
Experience of the 2001 foot and mouth disease episode gave ample demonstration of the potentially devastating effects of disease outbreaks in the national herd and the potential for damage to the economy as a whole.
She further stated:
The veterinary profession played a pivotal role in dealing with the 2001 outbreak and it has been widely recognised that our effective and timely interventions ensured we were spared the large scale economic and social damage which would have arisen from a failure to deal with the outbreak.
As members of the committee will be aware, the spectre of foot and mouth disease reared its ugly head again in the past week, though thankfully we can breathe a sigh of relief following the test results on this occasion. Continuing vigilance is required, however, and the Minister is obviously acutely aware of this. In her speech to the Seanad the Minister went on to say that as there are "ongoing threats of disease outbreaks we need to ensure that, if necessary and at short notice, we can call on an adequate supply of veterinary expertise from outside the State." She proposed to provide for a category of limited registration to make this possible.
Veterinary Ireland can support this approach to protect the health of the national herd and the economy as a whole and the educational requirement covered in section 46(2)(b). However, the legislation as written needs to be fine-tuned to more accurately reflect these requirements and at the same time to ensure that appropriate veterinary standards are maintained. Our recommendations are designed to achieve that purpose. We recommend the amendment of section 46(2)(a) to read as follows; “to participate in a “Class A” disease eradication programme”, and section 46(3)(a) to read the same as section 43(2)(a), “has undergone courses of training and education, and acquired educational qualifications prescribed under section 66”.
Section 54 deals with the definition of the practice of veterinary medicine. This is the first time the practice of veterinary medicine has been defined in legislation and is a particularly welcome development. A specific question arises in relation to the use of the term "condition" in section 54(1)(a)(i). Does this cover scanning, for example? These matters have already come under scrutiny in initial deliberations on the Bill. To give legal certainty in the future on these matters it is vital therefore that the overall definition is clear and unambiguous in its intent. Veterinary Ireland is offering to work with other interested parties such as the Minister and her officials, the existing Veterinary Council and the legislators to carefully scrutinise the proposed definition to ensure that it is precise, can be clearly understood, and will stand the test of time in practical operation.
Of major concern for the profession are the proposals on non-registered persons as dealt with in section 60. The entire thrust of the new legislation is to better regulate the operations of the veterinary profession. This section however allows for the practice of veterinary medicine by non-registered persons. The Minister's stated intention here is to provide for unqualified persons to carry out a very limited range of procedures. The legislation as drafted however goes much further covering specific matters such as non-qualified persons administering an anaesthetic to an animal, even though anaesthetics are classified for use by veterinary surgeons only, VSO, under animal remedies legislation.
The purposes for which a Minister could make regulations under this section are as all-encompassing and embracing as to maintain and improve standards of animal health and welfare, and to ensure the adequate provision of veterinary services in the state. Veterinary Ireland and its members have the most serious concerns about the inclusion of this section. Given the Minister's own view that the maintenance of the highest standards within the veterinary profession is a matter of great social and economic importance to this country, its inclusion seems incongruous and the prudent approach would be to exclude this possibility in the best interests of animals, their owners and the community at large. We would put particular emphasis on our recommendation on these matters. Our strong recommendation is that section 60 should be deleted in its entirety.
I will now deal with some proposed committees beginning with the education committee. Section 63 requires the veterinary council to establish a dedicated veterinary education and training committee with extensive functions in this area. Action has already been taken on the development of the undergraduate curriculum for veterinary training and the profession itself has introduced a voluntary continuing veterinary education accreditation scheme for registered vets. Statutory underpinning of these approaches is welcomed. Our recommendation is as follows. The Bill provides for a committee of eight, of which as few as three members could be vets. In order for this committee to function effectively it is vital that the number of vets participating on it be increased significantly. The proposed fitness to practise committee, as set out in section 72, will provide important public interest assurances with an inbuilt non-vet majority. The Bill also provides in section 80 for a wide range of proportionate sanctions that may be imposed. These are accepted by the profession and acknowledged as appropriate developments.
Veterinary nurses are dealt with in section 92. The statutory recognition of veterinary nurses for the first time is a welcome development. Nurses are an important resource and the profession has already made significant progress towards the development of formalised education and training programmes for them. What is needed in the new statutory context is an appropriate structure for their operation in conjunction with veterinary surgeons. The overriding concern in this regard must be the health and welfare of the animals entrusted to our care. Matters such as the choice of appropriate medications, possible adverse reactions post-injection, immediate access to a directing veterinary surgeon and so on are all vitally important in this context.
As drafted, the legislation could become seriously divisive as between veterinary practitioners and veterinary nurses. A relatively minor adjustment could overcome this potential difficulty and ensure that the excellent co-operation, could be maintained and developed. This approach is also supported by veterinary nurses. Our recommendation is that section 92(2)(b) should be amended to read, “procedures which may be carried out by a veterinary nurse on animals, under the direction and supervision of, but otherwise than in the presence of a veterinary practitioner, consisting of . . .”.
Finally I turn to veterinary premises. Part 9 makes it a requirement to have a "certificate of suitability for veterinary premises". It can be seen as a logical statutory development of the practice premises accreditation scheme currently operated on a voluntary basis by the profession. While there are concerns about the cost implications of implementing the new system, the profession acknowledges the logic behind the proposed approach.
Provision is also made for the appointment of "authorised officers" to inspect such premises. The powers to inspect premises as set down in section 127 and aimed particularly at registered persons are quite extensive, including "forced entry". Section 128, aimed apparently at non-registered persons, provides for the use of District Court warrants in certain circumstances. In terms of equity, this requirement for a warrant should also apply to inspections carried out under section 127.
We have four recommendations. The definition of "veterinary premises" should be amended to cover premises operated specifically by "persons registered under Part 4", in other words, vets. Section 110(2) should be amended to permit partners to apply jointly for a certificate of suitability. In section 34(2)(g) which deals with the fixing of fees, the reference to additional fees for the “renewal of a grant” of a certificate of suitability should be deleted. A requirement should be included in section 127 that these powers be exercised only on foot of a District Court warrant.
On behalf of Veterinary Ireland, the organisation for the veterinary profession, we would wish to record that the role of Veterinary Ireland is to represent veterinary surgeons in Ireland and to facilitate the veterinary profession in its commitment to improving the health and welfare of the animals under its care, to protecting public health and to serving the changing needs of its clients and the community through effective and innovative leadership.
We have presented today the collective views of more than 1,000 veterinary surgeons on the proposals in the Veterinary Practice Bill 2004. As stated at the outset we have done this with a view to being of assistance to the legislators. We will continue to be available to assist in any way we can in the weeks and months ahead. Of course we would be happy now to provide any further information or clarifications committee members may require.