T. v The Chief Executive Officer of the Nursing and Midwifery Board of Ireland (Approved)

THE CHIEF EXECUTIVE OFFICER OF THE NURSING AND MIDWIFERY BOARD OF IRELAND, THE FITNESS TO PRACTICE COMMITTEE OF THE NURSING AND MIDWIFERY BOARD OF IRELAND AND THE NURSING AND MIDWIFERY BOARD OF IRELAND

1.������ The applicant is a qualified psychiatric nurse.� In these judicial review proceedings, he is seeking certiorari of a report issued by the Fitness to Practice Committee, being the second named respondent, on 11th October 2018, wherein the Committee found him guilty of professional misconduct and went on to make a recommendation that the appropriate sanction which should be imposed by the third named respondent, was the sanction of erasure.

3.������ The applicant also alleges that the report of the second named respondent is bad in law, because it did not deal with an offer that had been made on his behalf to give an irrevocable undertaking not to take his name off the inactive register of nurses, in lieu of sanction.� The applicant maintains that the second named respondent did not deal with that issue at all and in particular did not give any reasons why that offer had been rejected.� On both of these grounds, the applicant maintains that the committee�s report should be struck down.

4.������ The Nurses Act, 1985 was repealed and replaced by the Nurses and Midwives Act, 2011.

5.������ The inquiry, which is the subject matter of these proceedings, was held under the Nurses Act, 1985.� Part V of the Act deals with the holding of inquiries into whether a nurse is fit to continue practising in that profession.� It will be helpful to set out a brief description of the inquiry procedure that is provided for under the Act.