A Medical Council fitness-to-practise inquiry has decided to make no finding against a Dublin GP for allegedly refusing to take part in a competence assessment scheme.
The scheme concerned is designed to investigate or support doctors who have been guilty of some transgression, or remain suspect of some transgression.
It is different to the Competence Scheme (Continuing Medical Education) that all doctors are duty bound to be enrolled in and the doctor in this case, Dr Marcus De Brun is enrolled in and up to date with all its requirements.
Dr De Brun faced six allegations relating to his alleged contravention of the Medical Practitioners Act 2007.
While the inquiry found all of the allegations were proven as to fact, it was not satisfied there had been a contravention of the Act, or rules.
It also noted that Dr De Brun had been told the original patient complaint against him had been closed.
The committee was not satisfied that any complaint had been referred to the Medical Council's professional competence scheme.
Rory Mulcahy, Senior Counsel, for the council, told the inquiry that Dr De Brun notified the council in October 2015 that he did not intend to participate in the professional competence scheme.
This was despite the council's decision the month before to refer him to it.
He said Dr De Brun considered the process not fit for purpose.
Dr De Brun represented himself at the inquiry.
In his opening statement, he said he objected to the way the council had treated him.
He said he regarded the hearing as an inquisition and not an impartial consideration of the facts and that it breached his civil rights.
He said the matter had gone on for four years and he wanted to apologise for the frustration and upset he had expressed in letters to the council.
He asked them to understand the fear and upset behind the letters and having to appear before an inquiry, which most doctors would fear.
Dr De Brun said his referral to the scheme to ensure doctors maintain professional competence came after a complaint was made by a psychiatric patient in 2014 and was fully investigated and closed by the council.
Dr De Brun said he found it upsetting and offensive for him to be then asked to undergo a psychological assessment, hand over his private mobile phone number, make the medical records of his 3,000 patients available and have his premises and practice open to inspection.
He said he accepted that he had refused to participate in the professional competence scheme.
He told the inquiry he has admitted guilt and has explained the reasons for not participating in the scheme, which he believed was intrusive and went beyond the Act.
Dr De Brun said he had wanted the matter dismissed today, an apology from the council and for the issue to be examined by the Ombudsman.
The fitness to practise committee decided to make no finding against Dr De Brun.
