§ Mr. Matthew TaylorTo ask the Secretary of State for Health what procedures her Department has to collect information from NHS trusts in regard to disciplinary action taken under the new procedure HC(90)9.
§ Dr. MawhinneyWe do not collect such information.
§ Mr. Matthew TaylorTo ask the Secretary of State for Health how many doctors accused of personal misconduct under the new procedure have appealed to the Secretary of State under paragraph 190(d) procedures, for each year since 1990; and of these how many cases were(a) dismissed, (b) settled through premature retirement and (c) reinstated.
§ Dr. MawhinneyMy right hon. Friend the Secretary of State has received representations from two doctors under paragraph 190(d) of the "Terms and Conditions for Hospital Medical and Dental Staff (England and Wales)" to refer to a panel the question whether their appointment was terminated on the sole ground of personal misconduct. These representations were made in 1993 and the cases are still under consideration.
§ Mr. Matthew TaylorTo ask the Secretary of State for Health (1) how many doctors suspended from duty under the new procedure HC(90)9 for each year since 1990 have been suspended for(a) personal misconduct, (b) professional misconduct, (c) professional incompetence or (d) some other substantial reason;
(2) how many doctors suspended from duty under the new procedure HC(90)9, for each year since 1990, have had (a) internal hearings only and (b) full independent professional hearings under annex B HC(90)9 procedures; how many cases were dismissed; in how many cases settlements were made out of court involving premature retirement of the doctor; and how many were reinstated;
724W(3) how many doctors were suspended from duty under the new procedure HC(90)9 for each year since 1990 in each region.
§ Dr. MawhinneyThis information is not available centrally. Decisions on disciplinary action for hospital doctors or dentists rest with the employing authority or trust. This includes the decision as to whether to suspend a practitioner.
§ Mr. Matthew TaylorTo ask the Secretary of State for Health how many doctors suspended from duty under the new procedure HC(90)9 have been refused a request for a paragraph 190 hearing because the original ground for dismissal was personal misconduct.
§ Dr. MawhinneyDoctors who are suspended from duty cannot request a paragraph 190 hearing unless they are subsequently dismissed.
§ Mr. Matthew TaylorTo ask the Secretary of State for Health how many doctors dismissed under the new procedures HC(90)9, for each year since 1990, have appealed to the Secretary of State under paragraph 190 procedures; and of these how many cases were(a) dismissed, (b) settled through premature retirement and (c) reinstated.
§ Dr. MawhinneyA total of 11 appeals have been lodged by doctors eligible to appeal under paragraph 190 of the terms and conditions of service since the new procedures set out in HC(90)9 were introduced in March 1990. None of these appeals arose from the application of the procedures in HC(90)9.
Of these 11 appeals two were upheld, two were dismissed and one was withdrawn. The outcome of the remaining six appeals is not yet known.