A fine of €2,330 or 12 months’ imprisonment, or both, await any person who, to obtain a warrant or to register a society of counsellors under the provisions of the Counselling Profession Act, knowingly gives incorrect, fraudulent or misleading information.
Introducing the Bill in second reading, Family Minister Michael Farrugia also pointed out that no one can practise the counselling profession, assume the designation of counsellor, purport to be a counsellor or perform the work of a counsellor without holding a warrant. In the case of a continuous offence, a person would be liable to a fine of €11.65 a day, to a maximum of €4,660.
Dr Farrugia said that to date the counselling profession was not regulated and there were unqualified people giving advice. There was no control in this sector, and the repercussions could be serious if the advice was not being given out by professionals.
This profession required qualifications, experience and maturity if the results were to be positive
He knew that several NGOs had trained people to give a counselling service in various sectors but they were not always properly trained. This law would require proper qualifications and the necessary warrant.
Dr Farrugia said the Bill provides for a council, appointed by the minister, which would establish standards, process warrants, maintain a register and compile a code of ethics.
The council would also be empowered to investigate any claim of negligence or misconduct.
Through this law, counselling qualifications would also be recognised internationally, he said.
The experience required for a counsellor to obtain a warrant had been left undefined so that, should there need to be an increase or decrease in the requirements, a legislative amendment would not be required.
Dr Farrugia said counsellors have been given the same protection afforded to those working for government entities and the protection has been reinforced through heavy sanctions if the counsellors are attacked or harmed in any way.
The council would also advise the minister on the experience and qualifications of counsellors and on changes to criteria for standards of practice.
Warrants may be given permanently or restricted. Those on a restricted warrant would be using experience recognised only by the entity employing that person and would have to work under strict supervision. They would not have a master’s degree and would not be able to work independently.
Minister Farrugia said this profession required qualifications, experience and maturity if the results were to be positive. The Bill was aimed at raising the standards of the profession.