Dáil Éireann Debate, Wednesday - 3 March 2004
146 Mr. Costello asked the Minister for Health and Children the steps he intends to take arising from the recent Supreme Court decision in a case (details supplied) that could result in doctors struck off in other jurisdictions being free to practise here; and if he will make a statement on the matter. [7009/04]
Amharc ar fhreagraUnder the Medical Practitioners Act 1978, the Medical Council was established as the body with the statutory responsibility for the registration of medical practitioners and the regulation of their activities in Ireland.
In the particular case referred to by the Deputy, the Supreme Court confirmed an earlier decision of the High Court in respect of a case where a doctor had been struck off in another jurisdiction. The Medical Council, due to the unavailability of the original witnesses, had proposed to use the transcript of the proceedings from the foreign jurisdiction in a fitness to practice inquiry to be undertaken by the Medical Council. The Supreme Court ruled that the use of the transcript, with no opportunity for the defendant to cross-examine his accusers, would deprive the doctor concerned of his right to fair procedures.
The doctor in question had been registered with the Medical Council before any accusations were made in the other jurisdiction. As the witnesses who gave evidence in the foreign jurisdiction were not prepared to attend hearings in Ireland, the council, not being in a position to proceed with an inquiry into the matter, had no cause or right to remove the doctor's name from the general register of medical practitioners.
A major review of the Medical Practitioners Act is taking place in my Department and draft heads of a Bill for significant amendments to the Act have been prepared and will shortly be brought to Cabinet for approval. The implications of the ruling in this case have been fully considered in that context.
