The Medical Council will shortly begin a fitness to practise inquiry into the Cork GP Dr James Barry who was facing more than 200 charges of sexually assaulting former patients before the proceedings were stopped on foot of a European Court of Human Rights ruling.
Dr John Hillery, the medical council president, confirmed the plan yesterday and made it clear Dr Barry is currently prohibited from practising following a High Court order.
His comments followed the publication of an interview with Dr Barry (80) in the Irish Medical Times in which the doctor said many of his former patients "cannot wait" for him to return to his practice.
Dr Barry claimed he had been "totally exonerated" of criminal charges that he sexually or indecently assaulted patients.
The court ruled in December that the human rights of Dr Barry, of Lauriston Lodge, Glanmire, Cork, had been violated by the delay by the Irish authorities in prosecuting him on 212 counts of sexual assaults on former patients. He had been arrested back in 1997.
The Department of Foreign Affairs confirmed last month it would be making no submissions to try to have the judgment of the court overturned.
Dr Barry said these decisions suggested "the original complaints were not genuine". He added that he had no regrets about video-taping women without their knowledge, claiming it was part of research towards a PhD.
He also maintained it was "clinically appropriate" for him to conduct vaginal examinations on women being treated for acne.
In a statement the Medical Council said it had considered Dr Barry's comments and had decided to write to him to remind him that he continues to be prohibited from practising by High Court order.
"The order was obtained by the Medical Council in 1995 prohibiting Dr Barry from practising and continues to apply," it said.
It added that the council had, on legal advice, postponed the holding of a fitness to practise inquiry into Dr Barry until the completion of the criminal prosecution of him by gardaí. Now that this was not happening, the fitness to practise inquiry will begin.
"The fitness to practise committee will shortly consider the fixing of dates for the hearing of the inquiry. The hearings will take place as soon as possible.
"Because of restrictions in the Medical Practitioners' Act in relation to fitness to practise issues, which the Medical Council hopes will be reformed in the new legislation, the council can make no further comment in relation to the matter," the Medical Council's statement added.