3373. Deputy Ruth Coppinger asked the Minister for Health to provide an update on a Medical Council complaint; her views on issues arising (details supplied) in the process of this complaint. [61101/26]

The Medical Council is the independent statutory regulator of registered medical practitioners under the Medical Practitioners Act 2007. The Medical Council exercises a range of regulatory and oversight powers aimed at protecting the public and maintaining confidence in the medical profession. These powers enable it to set standards for medical education and professional practice, oversee the registration of medical practitioners, monitor compliance with professional and ethical requirements, and take action where concerns arise regarding a doctor's fitness to practise.

It is important to note that while the Medical Council is an aegis body of the Department, as Minister, I do not have a role in relation to individual complaints received by the Council. Under the Medical Practitioners Act 2007, the Minister is specifically precluded from issuing directions to the Council in relation to its functions in investigating complaints. These provisions are in place to ensure the independence of the Council's complaints processes.

As this complaint is the subject of an ongoing investigation before the Fitness to Practise Committee of the Medical Council, I cannot comment on the specifics of an individual case.

In general terms, however, Section 66 of the Medical Practitioners Act 2007 (as amended) deals with the Committee’s powers to compel and receive evidence.

In particular, Sections 66(1) and 66(9) of the Act provide that:

“(1) For the purposes of an inquiry, the Fitness to Practise Committee has all the powers, rights and privileges that are vested in the Court or a judge of the Court on the occasion of an action and that relate to—

(a) enforcing the attendance of witnesses,

(b) examining witnesses on oath or otherwise, and

(c) compelling the production (including discovery) of records.

(9) Where the Fitness to Practise Committee requires the medical records of a patient of any registered medical practitioner to be produced for the purposes of an inquiry conducted by the Committee, the records shall not be made available to the Committee unless—

(a) the patient has consented in writing to the records being made so available, or

(b) the Committee has directed in writing the practitioner, or any other person who has power over or control of the records, to make the records so available.”

In the first instance, the CEO of the Medical Council will endeavour to take up any relevant records, including medical records, with the relevant party’s consent.

In circumstances where this consent is not forthcoming and where the CEO is of the view that the records are relevant and necessary in order to further her investigations, the CEO can apply to the Committee for a Production Summons in order to facilitate the release of those records in accordance with Section 66 of the Act.

It is ultimately a matter for the Committee to decide whether or not to issue a Production Summons.