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

I have no objection to the Deputy’s amendment in principle and what she is trying to achieve. I agree with her wholeheartedly and support the amendment, but it is not necessary because what it seeks to achieve is already inherent in the Bill. I want to assure her that I share her ambition and that it is part and parcel of what we are doing in this provision. The Bill provides for the Supreme Court's decision in the Corbally case that where poor professional performance is identified, a level of seriousness automatically attaches to it. The matter is serious by nature such that there is no need to include the word “serious”. I understand from where the Deputy is coming and agree wholeheartedly with what she is trying to achieve, but the amendment is not necessary. As legislators, in putting forward words that will be interpreted by the courts we need to take appropriate care in the words we use and the wording that is necessary to state the intention of the legislators at the time of legislating. My understanding is it is not necessary to include the word “serious” following the Supreme Court's decision that the term “poor professional performance” indicates a level of seriousness.