Law change sparks cross-border doc vetting fears

The Primary Care Director at the Department of Health, Social Services and Public Safety (DHSSPS) dealt with the concerns of members of the Stormont Health Committee over a potential loophole that appeared to allow for a scenario where a doctor facing allegations could cross the border from Donegal into Londonderry or Strabane and set up practice before a satisfactory vetting check was complete.

Mr Robert Kirkwood was providing a briefing on the new Health and Personal Social Services (Primary Medical Services Performers Lists) (Amendment) Regulations (Northern Ireland) 2010.

The amendment is designed to allow the Health and Social Care Board to quickly include certain GPs onto its primary medical services performers lists in the event of an emergency should the need arise.

A range of information including the doctor's qualifications, experience and identity must be provided.

Mr Kirkwood referred to a Committee meeting on November 25 where fears were expressed over why the provisions in the legislation would allow GPs to be put on a performers' list prior to the result of an enhanced criminal record check.

He acknowledged concerns about whether GPs were being treated as special cases compared with the other professions, and whether criminal checks included soft information.

Foyle SDLP MLA Pl Callaghan again raised the issue, worrying over the potential for a hypothetical pervert doctor based in Ballybofey, for example, to move to Londonderry and set up practice.

He asked Mr Kirkwood if such a doctor would be flagged up by an AccessNI vetting trawl.

Mr Callaghan said: "I raised the issue of soft information and the threshold of checks. I am content with the explanation and the additional information that has been provided today.

"One thing occurred to me when you were speaking, Mr Kirkwood. We understand that this is, effectively, an emergency or contingency provision.

"However, at the same time, for someone who is intent on perverting or abusing, it presents an opportunity, and we must safeguard against that. That is the reason for our queries.

"I would like more information on the scope of the AccessNI checks. I represent a border constituency. Would the attempted prosecution by the guards of a GP in Ballybofey, who had retired two years previously but was now living in Derry, be flagged in an AccessNI check after his or her name had been submitted to the board's emergency performers' list?"

Mr Kirkwood said he would not like to give a definitive answer on the level of check that is carried out by AccessNI, whether in the United Kingdom or the Republic of Ireland. But he said he would find out and come back to the committee.

Chairperson DUP MLA Jim Wells continued questioning Mr Kirkwood on the same theme.

He asked: "Even in a non-emergency situation, if a doctor transfers across the border - if he walks across the bridge between Lifford and Strabane - does his criminal record follow him?"

Mr Kirkwood replied: "Well, he could not practise there until he got on to the performance list," adding that his criminal record would follow him across the border.

The Foyle SDLP member Pl Callaghan then asked if an unsuccessful prosecution - rather than a criminal record - would also be traceable.

The health boss replied: "I do not know how detailed the enhanced criminal record certificate is when it comes to what might be called 'soft' information from outside the United Kingdom.

"I would like to check that with AccessNI. All that I am saying is that whether it does or does not, an enhanced criminal record certificate is the best check available at present.

"We cannot go any further or do any more.

"An enhanced criminal record check is like an MOT, in that it is valid only on the date on which it is done.

"A GP could be on the list now, based on an enhanced criminal record check that was conducted 10 years ago.

"That GP might have committed this, that or the other offence within those 10 years without anyone knowing about it.

"Therefore, the Independent Safeguarding Authority was to have corrected that by requiring GPs, teachers, social workers and anyone dealing with the public, to register with it, and the criminal checks of such individuals would have become ongoing.

"Unfortunately, the legislation and the policy surrounding the safeguarding authority have, more or less, been kicked into touch, because the Government regarded the measures as draconian, and they wanted the policy scaled back to what they called common-sense measures.

"Therefore, for now, what we have is the enhanced criminal record check through AccessNI," concluded Mr Kirkwood.