A PARALLEL COURTS SYSTEM

 

 06. Mar. 2010. – 14:13:22

Courts of law are not the only places where the justice system operates. "Courts" held by many professional bodies have procedures similar to those in the Criminal Justice System adjusted for their individual requirements and subject to judicial review and government intervention when considered appropriate.

One such is the General Medical Council which has spawned such offspring as the General Teaching Council, General Optical Council etc etc. Its duty is not just to investigate possible medical malpractice but to adjudicate on whether non medical activities are such that the fitness to practise of a registrant is a danger to the public. One such example is the case of Dr Nushan Pasindu Gunawardana , who having been caught speeding, unprofessionally asked a colleague to provide a letter in mitigation to the Court which was intended to create an impression in relation to the speeding offence which was misleading and dishonest. It is unconfirmed whether or not the erring student was disqualified from driving as a result. Recently a GMC disciplinary panel admitted that although his behaviour had “been a departure from good medical practice,” its members rejected claims that it impaired his ability to work in the medical profession.

The moral question is at what level of dishonest or disreputable behaviour does a registrant, student or otherwise, of a professional body become liable for punishment and if so to what degree. Clearly a student teacher convicted of an offence of abuse against children is unlikely to be considered to be training in the appropriate profession for his/her or the public good. A student optometrist on the other hand convicted of assault might, depending on the facts, be allowed to continue his/her studies. The only undisputable fact is that since the Shipman case all professional bodies have been directed by government to overhaul their disciplinary procedures and make them open to public scrutiny. After all, the removal from a professional register is tantamount to a fine of almost unlimited levels and the loss of a lifetime`s investment in time and money.