Disciplinary Procedures in the Statutory Professions

Disciplinary Procedures in the Statutory Professions

Disciplinary Procedures in the Statutory Professions

Disciplinary Procedures in the Statutory Professions

eBook

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Overview

Winner of the Irish Law Awards Book of the Year 2023

Various disciplinary and regulatory bodies have different rules, powers and procedures, even while sharing a basic legal framework. This book allows a legal practitioner who is appearing before such a body to prepare their case by setting out what powers the body has, what evidence it can hear, the form the procedure will take, whether they can call witnesses, and what sanctions it can impose.

This book is the first title to consider the specific question of the regulation of statutory professions in Ireland including architects, surveyors, teachers, pharmacists, health and social care professionals and accountants.

Part I deals with general principles and practice, covering such areas as complaints, fair procedures and sanctions.
Part II examines each of the relevant professions in turn.

Covers the following developments, legislation and case law:

The difference of between professional misconduct conduct and poor professional performance
Teaching Council (Amendment) Act 2015
Healthcare (Miscellaneous Provisions) Bill 2017
Regulated Professions (Health and Social Care) (Amendment) Act 2020
Corbally v Medical Council&Others
Medical Council v Lohan-Mannion
Doocey v Law Society
TM v Medical Council

This title is included in Bloomsbury Professional's Irish Employment Law online service.

Product Details

ISBN-13: 9781526508539
Publisher: Bloomsbury Publishing
Publication date: 02/27/2023
Sold by: Barnes & Noble
Format: eBook
Pages: 704
File size: 1 MB

About the Author

Simon Mills is a Senior Counsel specialising in medical law and in particular clinical negligence, professional regulatory law, mental capacity and coroners' inquests. He has acted in a number of the leading Irish cases in the area.

He trained first as a doctor in Trinity College Dublin and then, while practising in a busy urban general practice, as a lawyer in University College Dublin. He was a silver medalist of Trinity's College Historical Society and - at UCD - a gold medalist of the Literary and Historical Society, a medalist in Constitutional Law and a Swift McNeill Scholar. He was called to the Irish Bar in 2002 and to the Inner Bar in 2018. He has an MSc in Medical Ethics from Imperial College London, where his thesis was on Pluralist Approaches to Abortion Law.

For Bloomsbury, he is the co-author of two books and has also been a contributor to several other texts. He writes and broadcasts regularly on medico-legal and medical ethical matters.

Aideen Ryan, BCL (NUI) is a Consultant Solicitor in the Regulatory, Professional&Public Law Department of DAC Beachcroft, Dublin. She provides specialist legal advice and representation to professional regulatory bodies across all of their functions on Irish and European Law, including registration/licensing, recognition of professional qualifications, professional competence and education, fitness to practise, emergency suspension applications, sanctioning, corporate governance, High and Supreme Court Appeals and Judicial Reviews. In addition, she provides advice and representation to professionals and representative bodies in relation to their dealings with, and hearings before professional regulatory bodies.

She has particular expertise in leading projects and auditing the work of regulators to identify legal risk and in doing so, provides strategic solutions in order to improve their practices and procedures. She is an accredited trainer and regularly speaks at conferences on professional regulatory law.

Colm Scott-Byrne BBL (NUI), LLM (Dub) is a practising barrister who specialises in professional regulation and medical law. He completed a bachelor of Business and Law at University College Dublin before receiving a Masters in Law from Trinity College Dublin. He was called to the Bar in 2014. Prior to working as a barrister, Colm was a Judicial Assistant to the Court of Appeal.
Simon Mills is a Senior Counsel specialising in medical law and in particular clinical negligence, professional regulatory law, mental capacity and coroners' inquests. He has acted in a number of the leading Irish cases in the area. He trained first as a doctor in Trinity College Dublin and then as a lawyer in University College Dublin. He was called to the Irish Bar in 2002 and to the Inner Bar in 2018.

He has an MSc in Medical Ethics from Imperial College London, where his thesis was on Pluralist Approaches to Abortion Law. For Bloomsbury, he is the co-author of two books and has contributed to several other texts. He writes and broadcasts regularly on medico-legal and medical ethical matters. He has given evidence to the Oireachtas Health Committee on abortion law and was a member of the Pandemic Ethics Advisory Group during the early stages of the COVID-19 outbreak.
Aideen Ryan, BCL (NUI) is a Consultant Solicitor in the Regulatory, Professional&Public Law Department of DAC Beachcroft, Dublin. She provides specialist legal advice and representation to professional regulatory bodies across all of their functions on Irish and European Law, including registration/licensing, recognition of professional qualifications, professional competence and education, fitness to practise, emergency suspension applications, sanctioning, corporate governance, High and Supreme Court Appeals and Judicial Reviews. In addition, she provides advice and representation to professionals and representative bodies in relation to their dealings with, and hearings before professional regulatory bodies. Aideen has particular expertise in leading projects and auditing the work of regulators to identify legal risk and in doing so, provides strategic solutions in order to improve their practices and procedures. She is an accredited trainer and regularly speaks at conferences on professional regulatory law.

Table of Contents

Part I: Principles and Practice

1. Introduction
2. Jurisdiction and Complaints
3. Professional Misconduct Complaints
4. Poor Professional Performance Complaints
5. Health and Other Grounds for Complaints
6. Pre-hearing Procedures
7. Hearings, Witnesses and Evidence
8. Fair Procedures and the Disciplinary Process
9. Sanctions
10. Appeal, Confirmation and Review of Decisions

Part II: The Professions

11. Disciplinary Aspects of the Medical Practitioners Act 2007
12. Disciplinary Aspects of the Solicitors Acts 1954-2008
13. Disciplinary Aspects of the Legal Services Regulation Act 2015
14. Disciplinary Aspects of the Nurses and Midwives Act 2011
15. Disciplinary Aspects of the Dentists Act 1985
16. Disciplinary Aspects of the Pharmacy Act 2007
17. Disciplinary Aspects of the Health and Social Care Professionals Act 2005
18. Disciplinary Aspects of the Veterinary Practice Act 2005
19. Disciplinary Aspects of the Teaching Council Acts
20. Disciplinary Aspects of the Building Control Act 2007: Architects, Quantity Surveyors and Building Surveyors
21. Disciplinary Aspects of the Pre-Hospital Emergency Care Council legislation
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