Moral Panic - Child Sexual Abuse

Professional Misconduct - Moira Woods

Index 2003




Sunday Tribune
September 7, 2003

New law to speed up medical complaints

After Neary scandal, government is to cut back doctors' self-regulation

by Martin Wall


Traditionally in Ireland, doctors, like members of the other respected professions, regulated themselves. And for years in cases where the medical profession has investigated and disciplined its own, there have been complaints from the public that the process was excessively legalistic, unnecessarily secretive and, above all, far too slow.

The families who had children removed from them after what they maintained were false allegations of child abuse had to wait ten years before their complaint against Dr Moira Woods, former head of the paediatric sexual assault unit at the Rotunda Hospital, was brought to a conclusion.

The allegation about the activities of Dr Michael Neary, the disgraced obstetrician at Our Lady of Lourdes Hospital in Drogheda, first emerged in 1998 and it was only last week that the formal disciplinary proceedings ended.

Now, in the wake of the Neary scandal, the government, after procrastinating for more than a decade, is to introduce new legislation that will water down self-regulation of the medical profession for the sake of greater openness and to increase the speed of the procedures.

As The Sunday Tribune can reveal this weekend, under the planned new legislation doctors will no longer totally dominate the governing body of their profession. The chairmanship of the powerful committee that investigates allegations against medics may be given to a lawyer and the public will be given greater access to information on complaints.

The new amended medical practitioners legislation has not yet been signed off by the cabinet but it is understood that, under the heads of the bill, doctors will have to prove their competence on an ongoing basis.

The government is also set to link these demands eventually with the planned reforms of the state's contract with GPs and hospital consultants.

Under the proposals, consultants and family doctors would lose the right to treat public patients unless they were maintaining their skills under continuing medical education programmes.

The reforms would reverse the current situation whereby the medical council, the profession's governing body, largely responds to complaints. In future, it would be more proactive, demanding and ensuring that doctors were able to do the job.

Senior Department of Health figures have recognised that the reforms will not come without cost. Mandatory continuing medical education for the 7,500 or so doctors on its payroll will involve paying for expensive conferences, journals etc, as well as footing the bill for the provision of locums for those on study leave.

The new government legislation will also see a major shakeup of the medical council with a major shift towards "laicisation". Up to one-third of the council will be non-medics under the government's proposals.

Sources say the new legislation may also allow for a nondoctor to be appointed to chair the Fitness to Practise Committee, the body that investigates complaints.

One of the main concerns among people who have made complaints against doctors has been the frequently inordinate amount of time it has taken for the medical council to conduct its investigations and the high level of secrecy which surrounded the proceedings. Both of these issues will be addressed in the government reforms.

For the first time, the new legislation will allow the Fitness to Practise Committee access to outside expert advisers who will be able to assist it in its work. Up to now, all hearings and investigations had to be carried out by members of the committee who, in the main, were working doctors with busy practices. At most, they could afford to devote a few days a month to the work of the committee and this delayed the process.

The government hopes that allowing outside experts (drawn from outside the ranks of the medical council) to share some of the workload of the inquiry will speed up proceedings so that investigations running into years will be a thing of the past.

The new legislation will also seek to remove what some complainants have maintained was an obsessive level of secrecy attached to the work of the Fitness to Practise Committee.

The medical council has claimed, with perhaps some justification, that under current legislation it was precluded from making any comment once it had decided to establish an inquiry into a particular case.

There have been occasions, the Neary case being one, when the minister's office in the Department of Health was more or less told to "get lost" when it sought information on how much longer an inquiry would take. Sources said that, in future, more information must be made available to the public regarding doctors who are under investigation.

Sources close to the Department of Health pointed to the British example, where the website of the medical profession's governing body sets out details of those doctors facing disciplinary inquiries. In the UK, such disciplinary inquiries are also open to the public, although it is not likely that this practice would be followed here under the proposed reforms.