HC Deb 06 November 1995 vol 265 cc702-4

Lords amendment: No, 3, after clause 2, to insert the following new clause—Preliminary proceedings: interim orders— . —( 1) Section 42 of the Medical Act 1983 (preliminary proceedings as to professional misconduct and unfitness to practise) shall be amended as follows. (2) In subsection (3), in paragraph (c) for the word "two" there shall be substituted the word "six". (3) In subsection (4), for the words "No order for interim suspension or for interim conditional registration shall be made by the Preliminary Proceedings Committee" there shall be substituted the words "No order under subsection (3)(b) or (c) above or (6A)(b) to (d) below shall be made by any Committee". (4) In subsection (5), for the words "If the Committee decide" there shall be substituted the words "If the Preliminary Proceedings Committee decide". (5) In subsection (6), for the word "two" there shall be substituted the word "six". (6) After subsection (6) there shall be inserted— (6A) Where an order for interim suspension or for interim conditional registration has been made in relation to any person under any provision of this section (including this subsection) the Preliminary Proceedings Committee, the Professional Conduct Committee or the Health Committee may, subject to subsection (4) above—

  1. (a) revoke the order or revoke any condition imposed by the order;
  2. (b) vary any condition imposed by the order;
  3. (c) if satisfied that to do so is necessary for the protection of members of the public, make an order for interim suspension; or
  4. (d) if satisfied that to do so is necessary for the protection of members of the public or is in the interests of the person concerned, make an order that his registration shall be conditional on his compliance, during such period as is specified in the order, with such requirements so specified as the Committee think fit to impose for the protection of members of the public or in his interests.
(6B) An order under subsection (6A)(c) or (d) above—
  1. (a) shall take effect as from a date not later than the date on which the interim suspension or interim conditional registration would otherwise come to an end; and
  2. (b) shall specify a period not exceeding three months.
 (6C) If an order is made under subsection (6A)(a) to (d) above the Registrar shall forthwith serve a notification of the order on the person to whose registration it relates. (6D) Where an order has been made under any provision of this section, the court (within the meaning of section 38 above) may—
  1. (a) in the case of an order for interim suspension, terminate the suspension,
  2. (b) in the case of an order for conditional registration, revoke or vary any condition imposed by the order,
  3. (c) in either case, substitute for the period specified in the order some other period which could have been specified in the order when it was made; and the decision of the court on any application under fin; subsection shall be final.".
 (7) Subsection (7) shall cease to have effect.

Motion made, and Question proposed, That this House doth agree with the Lords in the said amendment.—[Mr. Sackville.]

Mr. Deputy Speaker

With this, it will be convenient to take Lords amendments Nos. 4 to 8, 12, 13 and 15.

Mr. Sam Galbraith (Strathkelvin and Bearsden)

Lords amendment No. 3 allows for the suspension of a doctor by the General Medical Council, through its preliminary proceedings committee, for the safety of the public in a case in which an issue has been raised against the doctor in respect of his or her health or professional conduct.

There is a difference between suspension on health grounds and on professional conduct grounds in that suspension on health grounds is unlikely to be controversial and there would be only limited doubt about it. However, a doctor could be suspended because of allegations about his or her professional conduct without having had a chance to answer the allegations.

In most cases, that will not be a problem. I accept that because I foresee that, in the majority of cases, complaints would have been raised with the health board or hospital, which would have pursued the matter and may or may not have then terminated the doctor's contract. The matter would then be further referred to the GMC and no controversy would be involved.

However, there will be cases where allegations will be made specifically by the public without the employing authority or the doctor having been involved. In that case, suspension by the General Medical Council will have serious implications for the employment of doctors before they have had the chance to answer the allegations against them.

I know that the GMC is separate from the employing authority. I understand that distinction and it is right that the matter is not covered in the Bill. I hope that the Minister will accept that this is one of the difficult grey areas relating to employment which arise as a consequence of the Bill. I hope that he will discuss the matter with the British Medical Association when it reaches conclusions about the future employment of its members who are suspended under those conditions.

Mr. Sackville

I certainly accept the hon. Gentleman's point. The House will agree, because it was discussed extensively during earlier stages of the Bill, that interim suspension should be extended to a longer period to allow the General Medical Council more time to bring proceedings. I welcome the hon. Gentleman's acceptance of that.

Lords amendment agreed to.

Lords amendments Nos. 4 to 15 agreed to.

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