Doctors may face public disciplinary hearings

The secretary general of the Department of Health has signalled that new legislation governing the medical profession could allow for disciplinary investigations into the conduct of doctors to be held in public while hearings dealing with doctors with health problems would be in camera.

Michael Scanlan told the Oireachtas Joint Committee on Finance and the Public Service yesterday that the new Medical Practitioners' Bill, to be published by the summer, would reflect the thinking set out in the Health and Social Care Professionals Act which was passed by the Oireachtas last year.

He said this legislation set out a new framework to address the conduct or competence of a professional. He said it allowed for preliminary proceedings, mediation and a separate committee for health issues.

"There is an emphasis on structure, publication, disclosure and clear informing. In general, the Professional Conduct Committee is to hold its meetings in public and the Health Committee is to hold its meetings in private. The only restriction on disclosure as proposed relates to the protection of parties who enter mediation," he said.

At present Medical Council fitness to practise hearings into doctors are held in private.

Former health minister Micheál Martin indicated two years ago that he favoured public fitness to practise hearings. However, the draft legislation has been significantly rewritten since the appointment of Minister for Health Mary Harney.

Mr Scanlan said he favoured publication of information on issues such as inspection reports and work practices within the health services outside of the scope of the Freedom of Information Act.

He said he shared the frustration of Oireachtas members at difficulties and delays in securing answers to parliamentary questions referred to the Health Service Executive (HSE).

He said there was a perception that such questions were disappearing into a black hole. He said the department was working closely with the HSE to get improvements. He said the HSE was considering a system where parliamentary questions and answers would be available on a website.

Fine Gael finance spokesman Richard Bruton said there was a chronic deficit of information in relation to the HSE. There was an inordinate delay in receiving answers to parliamentary questions, and often answers received were to questions which had not been asked, he said.

Independent TD Catherine Murphy said it appeared there was resistance within parts of the HSE to providing answers. She said the situation was almost a snub to the Oireachtas and was outrageous.