A FITNESS TO practice inquiry into the alleged professional misconduct of an HSE physiotherapist has been adjourned after the chair recused after a potential conflict of interest was raised.
The inquiry is being held over an allegation of professional misconduct by Anna Marie Stack Rivas and is being heard by the Fitness to Practise Committee of CORU, the Health and Social Care Professionals Council.
The body is responsible for regulating health and social care professionals.
Professional misconduct, as defined by the Health and Social Care Professionals Act 2005, is “a breach of the Code of Professional Conduct and Ethics adopted by the Registration Board with which the person is registered”.
The committee was chaired by Susan Ahern and consisted of David Tighe, a registered radiographer, and Aileen Sheehan, a registered physiotherapist member.
The proceedings were delayed while the committee read through the papers for the first time ahead of the inquiry.
When proceedings began, Ahern explained that two points had arisen that were potential conflicts of interest.
The first was in relation to references to RTÉ that were made by Stack Rivas. Ahern is an independent member of the board of RTÉ.
The second was that Sheehan is a distant in-law relative to prominent anti-vaccine campaigner and Gemma O’Doherty. However, Sheehan has never met or had any contact with O’Doherty.
Elaine Finneran BL, acting on behalf of Stack Rivas, told the inquiry that there was no issue in relation to the point made about Gemma O’Doherty.
However, she said there could be a “concern for the perception of bias” in relation to Ahern being an independent member of the board of RTÉ, and that a “reasonable observer might have reasonable apprehension” in relation to objectivity.
She said the relationship between Ahern and RTÉ is “not a happenstance association”.
“It is an existing professional, ongoing relationship and it raises a concern that the chair might not bring an impartial mind,” Finneran said.
References to RTÉ that were publicly made by Stack Rivas were read to the inquiry.
The inquiry heard that Stack Rivas had said “I just think it’s a disgrace that the real science is not being broadcast” on RTÉ.
She said that “real scientists” were being “censored or phased out” and said “shame on RTÉ”, calling them “puppets speaking lies”.
“They know very well that they’re speaking lies,” she said.
Another reference said RTÉ were trying to scare the public into thinking “that we won’t have Christmases anymore” and that they were attempting to “force vaccinate us”.
Eoghan O’Sullivan BL, acting on behalf of CORU, argued that there “was no reasonable apprehension of bias arising here”.
“There has to be a clear cogent connection that gives rise to the apprehension of bias and I would suggest that no such thing exists here,” he said.
“The chair has no interest in the outcome of the inquiry. RTÉ is not a party in the inquiry,” he added.
Legal advice on the matter was given to the committee by Frank Beatty SC.
Following deliberations, the committee decided that Ahern would recuse herself from chairing the committee.
Ahern said the committee was satisfied that there is no actual conflict of interest or bias. However, her role at RTÉ could be objectively perceived by a reasonable person as being a conflict of interest.
The inquiry will proceed with a new chairperson on 17 July.
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