Jim Daly (Cork South West, Fine Gael) | Oireachtas source

I assure members there is no problem if they want any clarity between now and Report Stage. Of course the officials would be happy to sit down and discuss this. There are a lot of precedents that inform these kind of decisions, namely the existing judicial system in Ireland. If one is caught for a misdemeanour or an offence under the Road Traffic Act, 1961, he or she goes to the District Court. If it is something more serious on a higher level, one goes to the Circuit Court and if it is of a high standing the High Court is appropriate. This is following those legal precedents that are there.

I have to comment on Deputy Donnelly's repeated use of the term "minor sanction". It is not a sanction. The sanction cannot be appealed. The finding can be appealed. The High Court will not say that dismissing a claimant for three months was wrong and that he or she should have only got two months. It will not do that. It will just say that such a case was an impugnment of his or her professional conduct or character, and that is the most serious impugnment any of use can have on our fitness to practise on a daily basis. It is recognising the seriousness of the finding that dictates the seriousness of a case, where it should be and the most appropriate forum in which to deal with it. It is not to make it difficult for the registrant to access justice. They can always go in their individual rights to any court on the day but there is an accepted legal journey that people take, depending on the viciousness of the wrong that is done to them. Of course I accept there are costs involved but costs are awarded in accordance with the legal system and all of that. This is not designed to make it difficult for the registrant to access justice. I assure members this is just in recognition and respect of the existing judicial norms in the State. If the Deputies opposite would like a further briefing to get further clarity on this, there is no problem there and we will arrange that for them.