Infamous conduct
Sir: On January 20 you published a letter from Dr J. R. Wilson about 'Infamous Conduct '.
Dr Wilson asserted that the General Medical Council's definition of serious professional misconduct "in relation to sex is not clearly defined ". In fact guidance on this matter is given in the blue pamphlet on Professional Discipline' which is issued to doctors. The pamphlet states "The Council has always taken a serious view of a doctor who abuses his professional position in order to further an improper association or to commit adultery with a person with whom he stands in professional relationship ". What is accordingly relevant is not the precise nature of the sexual activity but the abuse of the doctor's professional position in order to carry it out. Fornication or adultery or other sexual
activities of a non-criminal nature not involving such abuse do not lead to disciplinary action by the Council.
Dr Wilson also stated that "On such matters the GMC acts as judge, jury and prosecutor ". In fact the Council as a whole plays no part in such matters. Decisions whether to refer a case to the Disciplinary Committee for inquiry are taken by the Penal Cases Committee. Its membership, apart from the President, is quite separate from that of the Disciplinary Committee, which alone has power to suspend a doctor's registration or to order erasure. Contrary to Dr Wilson's suggestion that the Council acts "without any properly drafted system of law to guide it" the proceedings of both Committees are governed by detailed procedure rules. These have been approved by the Privy Council and published as a statutory instrument. Further the Medical Acts require that the Disciplinary Committee shall always sit with a legal assessor who shall be a barrister, advocate or solicitor of not less than ten years standing. Rules made by the Lord Chancellor make it the duty of the legal assessor to intervene of his own motion if it should appear to him that the possibility arises of any mistake of law being made by the Committee; and the Committee invariably accepts his ' advice.
M. R. Draper General Medical Council, 44 Hallam Street, London WC1
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