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Amendment of section 47 of Act of 1985
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18. Section 47 of the Act of 1985 is amended—
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(a) by renumbering the existing section as subsection (1),
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(b) in subsection (1) —
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(i) by the substitution of “Health Service Executive and such other persons as it thinks fit” for “Minister”,
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(ii) in paragraph (d), by the substitution of “this Act,” for “this Act, or”,
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(iii) in paragraph (e), by the substitution of “this Act, or” for “this Act,”,
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(iv) by the insertion of the following paragraph after paragraph (e):
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“(f) the advisement, admonishment or censure under section 41 of a person whose name is entered in a register maintained under this Act,”,
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and
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(v) by the substitution of “, attachment of conditions or advisement, admonishment or censure,” for “or attachment of conditions,”,
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and
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(c) by the insertion of the following subsections after subsection (1):
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“(2) Where it comes to the Council’s attention that, under the law of a state other than the State, a measure corresponding to one referred to in any of paragraphs (a) to (f) of subsection (1) has been taken in relation to a person whose name is entered in a register maintained under this Act, the Council shall, if satisfied that it is in the public interest to do so and as soon as is practicable, give notice in writing to the Health Service Executive of the measure.
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(3) The Council shall (if satisfied that, in the case of a measure referred to in subsection (2), it is in the public interest to do so) give notice in writing to an employer (other than the Health Service Executive) where—
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(a) it comes to the Council’s attention that any measure referred to in subsection (1) or (2) has been taken in relation to a person whose name is entered in a register maintained under this Act employed by the employer, and
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(b) the employer’s name is known to the Council.
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(4) (a) Paragraph (b) applies where—
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(i) it comes to the Council’s attention that any measure referred to in subsection (1) has been taken in relation to a person whose name is entered in a register maintained under this Act, and
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(ii) the Council has reason to believe that—
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(I) the person is registered in another jurisdiction, and
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(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.
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(b) The Council shall give notice in writing to that body of that measure and may, and notwithstanding any provision of the Directive (within the meaning of Regulation 3 of the Regulations of 2017) or of the Regulations of 2017, provide that body with copies of documents relevant to that measure (including a copy of the report concerned referred to in section 38(3)(c)).
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(5) (a) Paragraph (b) applies where—
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(i) it comes to the Council’s attention that any measure referred to in subsection (2) has been taken in relation to a person whose name is entered in a register maintained under this Act, and
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(ii) the Council has reason to believe that—
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(I) the person is registered in another jurisdiction, and
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(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.
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(b) The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that measure.”.
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