Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

This is the last intervention. I am still not satisfied. The reason I am not satisfied is that over the past 12 months in particular, I have had numerous conversations along these lines, not directly related to what we are at but some of the people involved and likely to be regulated may be affected. This may allow some of people who are not regulated at present to become regulated because they are in situalready doing the task. This is being hotly challenged by those who strongly object to these people, given their present qualifications, sitting in judgment in an area in which other people have particular expertise. There are strong challenges coming from that and eventually it will have to be dealt with. I do not want to see a situation arise where somebody tells me in six months' time that they had a difficulty, which they did not admit to, or that they were incompetent in terms of dealing with a particular subject but that now that it has been changed under Regulated Professions (Health and Social Care) (Amendment) Bill 2022, they have resolved the problem. I do not want to see that happen because I would have at least as strong an objection to that happening as I would to anything else that is likely to happen.

This does, and can, end up in court. The reason I keep mentioning court is that many cases in this particular area end up in court for one reason or another. That is when the professions are challenged by the opposite side, that is, if they are allowed to be questioned by the other side because in some cases they are not allowed by virtue of the coterie of people who are involved. They all say they agree with something. They do not say they tutored that person, or were tutored by that person. In one particular case, the court dismissed the approval one professional was giving in a situation on the basis that it was his own thesis and that he had taught his pupil well. The judge questioned this and disallowed it but not all judges do that.

I have problems with this and the Minister has problems with it too because there is obviously a move in some quarter to cover something that has not been covered so far. The Minister knows that as well as I do. I strongly urge caution if we fall into that particular trap of empowering people who do not have the appropriate powers at the moment, and giving them that cover. I reserve judgment and I am not a judge.