Medical Council publishes new Publications Policy

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;

1. 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.
2. 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. 

For more information, please contact Partner Eoin McGlinchey, Solicitor Kavi Abbi or Trainee Vanisha Finlay from our Litigation and Dispute Resolution Team.