Legislative Reform (Constitution of Veterinary Surgeons Preliminary Investigation and Disciplinary Committees) Order 2013

Countess of Mar Excerpts

Thursday 10th January 2013 Grand Committee

[Baroness Northover]

My Lords, this draft legislative reform order seeks to make changes to the outdated constitution of the two committees that deal with disciplinary proceedings, the disciplinary committee and the preliminary investigation committee of the Royal College of Veterinary Surgeons. At the moment, the college is required to populate these two committees with members of its governing council. In effect, that means that the same body of people is responsible for both setting the standards for the profession and dealing with possible breaches of those standards. This is not in line with modern regulatory best practice as there is insufficient impartiality and independence and there is public pressure for reform. The RCVS needs to separate these functions to balance both professional and public interests. In addition, the current size of the disciplinary committee makes it difficult to manage the current and future case load in an efficient and timely manner. The college reports that RCVS council members who are elected to the disciplinary committee are now overstretched as they struggle to find time for the increasing number of sitting days.

The constitution of the DC and the PIC is prescribed in the Veterinary Surgeons Act 1966 and reflects the regulatory practices of that time. Replacing Part I of Schedule 2 to that Act allows the college to implement modern disciplinary practices in line with other comparable regulators such as the General Medical Council, the General Dental Council and the Nursing and Midwifery Council. In these organisations, there is a separation between those who advise on professional standards and those who implement the disciplinary process.

The proposed amendment to the Veterinary Surgeons Act is to change the constitution of the two disciplinary committees, in terms of both the eligibility for membership and their size. This will allow the royal college to make changes that comply better with the Better Regulation Commission’s principles. No longer will the membership and chairmanship of the PIC and DC be drawn from the council. They will in fact be ineligible for appointment. Instead, appointment to both committees will follow an open, transparent and independent recruitment process. For the first time there will be a statutory requirement that the committees must contain a proportion of lay people, to bring a fresh perspective to the work of the committees and to improve further their independence. There will an increase in the size of the committees. This should make it much easier, and possibly quicker, to assemble a panel for an individual case-hearing from the larger pool of people, thus removing a burden, specifically defined as “an obstacle to efficiency”, from the RCVS.

The amendments will also introduce more flexibility into the constitution of the committees as well as remove the most outdated restrictive provisions. Committee members will serve for a specific term of office and for no more than two terms on each committee. The new size of the committees allows for flexibility in case further increase is needed in the future, without the need for another legislative change.

Removal of the provision regarding veterinary practitioners supports better regulation principles by removing outdated and unnecessary provisions through simplification and streamlining, while removal of the prescriptive timing of committee elections removes another burden to the college’s operation of its disciplinary process. However, provisions that are seen as important in the current Act will be retained—these relate to the size of the quorum and the important judicial principal that no member may sit on both the preliminary investigation committee and the disciplinary committee in relation to the same case.

In conclusion, this replacement of the relevant schedule to the Veterinary Surgeons Act 1966 is necessary to allow the Royal College of Veterinary Surgeons to exercise its functions in relation to disciplinary cases brought against members of the veterinary profession. It will allow the disciplinary committees to work in a more efficient manner and in compliance with better regulation principles, and will provide flexibility to cope with future changes. I beg to move.

[The Countess of Mar]

My Lords, I declare my interest as an honorary associate of the Royal College of Veterinary Surgeons and the British Veterinary Association. This draft legislative reform order has been long in gestation and I know there will be relief all round to see it finally enacted. The order will bring the royal college in line with other professional health bodies, as the Minister said, such as the General Medical Council, which are responsible for setting standards as well as imposing discipline on those of their registrants who may be in breach. The importance of being fair as well as being seen to be fair has grown since the human rights legislation came into force. Ensuring that membership of both the preliminary investigation committee and the disciplinary committee is no longer elected by or from among the council of the royal college eliminates the possibility of accusations of bias. Increasing the size of both committees ensures that there will be a larger pool from which to draw members for hearings. The pressure on members to attend disciplinary committee hearings will be relieved and waiting times for hearings will be reduced. We should never forget that justice delayed is justice denied.

I have always believed that lay members add strength to committees of professionals because they are in a position to ask the important “how, what, when, why, where” questions that professionals tend not to ask each other. Changing the status of the current lay observers to full membership and enabling them to vote is laudable and will increase the transparency of the committee proceedings. I am also pleased to see the built-in flexibility with the size of committees for particular hearings as well as the definition of quorum membership and size that this order defines.

The open, transparent and independent recruitment process described by the Minister and in the impact assessment is a foil to anyone tempted to complain that the appointment of committee membership was opaque and partial. This problem had been of concern to the public, the veterinary profession and the Royal College of Veterinary Surgeons for more than a decade. The possibility of producing a new veterinary surgeons Act to replace the one that is now nearly 47 years old was considered. I recall the suggestions from the EFRA committee in the other place being given a very firm put-down by the noble Lord, Lord Rooker, when he was Defra Minister on the grounds of lack of time and finance. This order is the next best thing, and I commend it.