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

This could be dealt with better in a less formal forum. I will try to deal with some of the issues. To answer Deputy Donnelly's question on whether other options were considered, which I may not have answered earlier, the answer is that they were. There is no question about that. There is existing legislation in place which this amends. We must keep mind of existing legislation and that is where I raise the matter of precedents.

I do not want to trivialise this and I would not like these words to be misconstrued but there can be an impression that we are treating a parking ticket in the same way as a drink driving offence. A threshold already exists to access the Medical Council; this is about fitness to practise. I am not trying to trivialise this matter, I am trying to be helpful. However, someone arrested for a parking ticket, say, or something at that level, cannot access the Medical Council fitness-to-practise tribunal. There is a threshold that must be reached before a case can be entertained. One of the Deputies referred to vexatious cases and even social media and so on but that will not launch into a fitness-to-practise investigation. This is about recognising the seriousness of that accusation that a practitioner is not fit to practise for whatever reason. In line with that, the High Court is the appropriate forum.

The legislation introduces an appeals process for practitioners and registrants which was not there before. That is the motivation behind the legislation. The High Court will be informed of all decisions on fitness to practise once the legislation comes into effect. That notification will be automatic. It will review them and their sanctions which is a further safeguard.

I take on board the frustrations of members regarding the accessibility of the High Court and its capacity to intimidate for registrants but we must balance that with the seriousness of the issue at stake. We must respect existing legislation and due process. A more informal conversation on the matter might be helpful for members and I would be happy to arrange that. That is not a bid to not answer their questions but it might be more straightforward if we discussed this across the table, if members were happy to do so. If they wish to continue the discussion here, I will answer any further questions as best I can.