Response to consultation document 'General Medical Council (Constitution) Order 2008'
June 2008
Composition of the Council
Q1 Do you agree that the General Council should consist of 12 registrant members and 12 lay members?
The BMA does not object to the reduction in the size of the GMC Council. However, we strongly believe that a medical majority on the Council, which need not be large, is imperative in order to retain professionally-led regulation and the profession’s confidence in its regulator. We would also prefer it if the Council is chaired by a doctor.
Terms of office of members
Q2 Do you agree that the Privy Council should determine the duration of the term of office of each General Council member, on appointment?
In theory, we do not object to the Privy Council determining the duration of the term of office of each General Council member, although there should be provision for an extension to allow for the retention of any member vital to the business of the Council at any given time.
We reject the proposal that the medical members of the Council should be appointed by the Privy Council, rather than be elected by the medical profession. We strongly believe that elections to the GMC’s Council are vital as a means of ensuring the credibility of the regulator with the profession that it regulates. At the very least there should be provision for election by the profession from a long list produced by the Appointments Commission.
Q3 Do you agree that no member should hold office for more than an aggregate of 8 years during any period of 20 years?
We support the limitation of duration of membership if the members of Council are appointed, but believe that the limitations suggested are too restrictive as experience and continuity are vital. We would suggest instead a limitation of 10 years in 14.
Q4 Do you agree that service as a member since 1st July 2003 should be included in aggregating a council member’s service?
We have no objections to this clause.
Education and training of members
Q5 Do you agree that the GMC should have the flexibility to make arrangements for the provision of education and training of Council members with another body?
We have no objections to this clause as long as any such arrangements contain a significant professional input.
Disqualification for appointment as a member
Q6 Do you agree with the reasons for disqualifying a person from appointment as a member of the General Council? If not, please specify which reasons you disagree with and explain why.
We agree with these proposals.
Removal and suspension of members from office
Q7 Do you agree with the reasons given for removing or suspending members from office?
We have no objections to this clause.
Appointment, term of office and cessation of office of the chair
Q8 Do you agree that the Chair of the Council should be elected from among the members of the council?
We agree that the Chair of the Council should be elected by the members of the Council, although we would prefer it if the Chair was a medical member.
Q9 Do you agree that the term of office of the Chair should be determined by the Council?
We have no objection to the Council setting the term of office of its Chair and would suggest a four year term of office, which might require an extension of the term of appointment as above.
Q10 Do you agree with the reasons why a member should cease to be chair?
We have no objections to this clause.
Q11 Do you agree with the transitional arrangements in respect of the first chair of the General Council in 2009?
We have no objections to this clause.
Deputising arrangements in respect of the chair
Q12 Do you agree with the deputising arrangements in respect of the Chair?
We have no objections to this clause.
Quorum of the General Council, effect of vacancies on the validity of proceedings
Q13 Do you agree that the quorum of the General Council shall be 14?
We have no objections to this clause, but would suggest that some restriction be placed on the number of lay and medical members which should comprise the quorum to prevent a situation, for example, where the quorum of 14 included a small minority of medical members.
Q14 Do you agree with the provisions that prevent council proceedings being invalidated?
We have no objections to this clause.