Peter Burke (Longford-Westmeath, Fine Gael)
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I will now address amendment No. 42. We must oppose this amendment, which seeks to provide that the inspector make a recommendation to the board on sanction. The role of the inspector is simply to decide whether improper conduct has occurred or is occurring. The board must also be satisfied that improper conduct has occurred in accordance with section 49. This section also provides that the board shall make a decision on the appropriate sanction to be applied. The Bill provides that the board shall be independent in the performance of its functions.

I heard the case put forward by the Deputy. The inspector has the direct skill set to adjudicate on the facts of the case if improper conduct in terms of competence has occurred. The independent board has the skill set to determine the sanction. This whole area deals with stopping someone's right to earn a livelihood and potentially removing that person from the register. Those are significant sanctions and we need the broader skills set of an independent board to determine the correct sanction. The inspector's role is clearly defined. He or she must present the facts to the board if it is found that a person did not comply with proper competence requirements.