MPS responds to the GMC and PSA consultation on S60 orders 2014

MPS welcomes the opportunity to comment on these proposed changes to the GMC’s powers and procedures. We agree with the objective of clarifying the powers and responsibilities of the GMC and MPTS and we have made some detailed comments on the specific proposals below.

We disagree that the GMC should be given the right to appeal decisions of the MPTS. This right should remain solely with the PSA in order to ensure fairness and consistency of the oversight of health professional regulation. As noted below, the MPST is not, and will not be, truly independent of the GMC and, therefore, a separate body should continue to exercise appeal rights in order to protect the public. The PSA is best placed to perform this role and there is no evidence that the PSA is not discharging its function properly.

The MPTS should not be able to appoint ‘legally qualified’ chairs to also perform the role of case manager as this would undermine the credibility and impartiality of the tribunal chair. Finally, we welcome the over-riding objective for the GMC that in making rules relating to fitness to practise procedures it should secure that cases are dealt with fairly and justly. We think that this objective should also apply to the MPTS in the way it interprets and applies those rules.