In July 2024, the Medical Council (the
“Council”) published a new
Publications Policy (the
“Policy”).
The Policy presents the Council's approach to, and the
circumstances under which, the publication and disclosure of
specific information relating to a Medical Practitioners Fitness to
Practice, may occur.
The publication and disclosure of information by the Council may be
made at the various points in the complaints process. For example,
at the conclusion of a Fitness to Practice inquiry, where there is
an application to the Court for an Interim Suspension Order, or
where undertakings have been agreed between the Council and the
Practitioner.
In addition, the Policy also provides for restrictions of the
release of certain information to the public to include,
information in relation to the sanctions made, when it can be made
available, and how much and in what form the information should
take. Additionally, the High Court may provide directions in
relation to the publication of sanction or related matters. The
Medical Council have discretionary powers to withhold information
that it considers to be confidential.
The development of the Policy has been undertaken in line with the
Council's commitment to the principles of Openness and
Transparency. This includes ensuring the public have a clear
understanding of the Council's role which involves striking a
balance between protecting the rights of the public to be informed
whilst also taking into account the rights of the medical
practitioners and others involved in the proceedings. On the
conclusion of an investigation into a complaint or disciplinary
hearing, the Council will consider whether it is in the public
interest to publish the findings.
A. Publication of Information
1. Allegations proven at inquiry
Upon the conclusion of an Inquiry, where the Council decide to
impose a sanction pursuant to section 71 of the Act, the Policy
states the public interest test is to be applied in deciding
whether a notice of the sanction should be released. They will
consider any submissions that are submitted by or on behalf of the
doctor in arriving at its decision.
The public interest test involves the consideration of several
factors by the Council which should be taken into account before
deciding to publish any material to do with sanctions. Amongst
these factors include elements such as, but are not limited to; the
potential risk to the public; privacy and confidentiality; and
legal and ethical obligations.
Each decision is made on a case-by-case basis on application of the
public interest test, having regard to the facts of the case and
the general principles of proportionality and privacy matters. The
High Court confirms the imposition of all sanctions on a
practitioner (except for advice, admonishment and censure). No
information in relation to the sanction of a censure will be
published until the time to appeal has passed.
2. Allegations not proven at inquiry
The Council must dismiss a complaint when the Fitness to
Practise Committee send a report indicating the complaint has not
been proven. The Policy explains that, under these circumstances,
usually no information shall be published after an outcome of such
inquiry. However the practitioner against whom the complaint was
made may request that the decision be published. Such request is to
be sent in writing to the CEO of the Council. Otherwise in the
absence of such request, all information shall be removed from the
website.
B. Publication of information other than
inquiry findings
The Council may decide to publish information concerning other
regulatory processes, where the outcomes are published in the
interest of patient safety. These include;
- Publication of S.60 Orders of Undertakings to the High Court – under the section the Council can apply to the High Court to have a practitioners registration suspended on an interim basis whilst a complaint is being investigated.
- Publication of Undertakings and Consents under S.67 of the Act – this section allows the Fitness to Practise Committee to request that the medical practitioner undertake to do one or more of the directions prescribed by the act. Should the medical practitioner accept this request the complaint is considered to then be concluded and the Council may publish this agreement on its website. However an undertaking related to the referral of the practitioner to a professional competence scheme or treatment for health would be considered confidential and therefore not disclosed to the public.
C. Disclosures to other
organisations
The Policy outlines that the Council are obliged to send a written
notification, whenever a sanction becomes effective, to The
Minister for Health or Health Services Executive. They will also
inform An Garda Siochana and TUSLA if the matter is relating to the
protection of children and vulnerable persons.
The competent authorises of all other Member States must also be
informed. The Council has no discretion in this matter and must
issue an alert, regardless of any decision made about the
publication or information following inquiry.
D. Disciplinary actions in other
countries
Should the Council become aware of a medical practitioner that has
had action taken against it in a state other than the Republic of
Ireland the Policy obliges them to, as soon as practicable, give
notice of this in writing to the Minister and the HSE. The Council
shall also publish this information on their website should they be
satisfied that it would be in the public interest to do
so.
Any information which is published by the Council in relation to
medical practitioners can be found on their website and on the
register of medical practitioners. Transcripts of the proceedings
are generally not routinely published by the Council unless they
are satisfied that it is in the public interest to do so.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.