Mary Harney (Dublin Mid West, Progressive Democrats)

I examined this and took legal advice. The strong legal advice received and the advice of the Medical Council was to stick with the case law. In his decision in O'Laoire v. The Medical Council on 27 January 1995, Mr. Justice Keane stated:

conduct which could not properly be characterised as "infamous" or "disgraceful" and which does not involve any degree of moral turpitude, fraud or dishonesty may still constitute "professional misconduct" if it is conduct connected with his profession in which the medical practitioner concerned has seriously fallen short, by omission or commission, of the standards of conduct expected amongst medical practitioners.

Mr. Justice Keane also stated only conduct which seriously falls short of the accepted standards of the profession could justify a finding by the professional colleagues of a doctor of professional misconduct on his part. This is the case law and I am strongly advised by the Attorney General's office and the Medical Council that the Bill is appropriate and only deals with what the judge stated seriously falls short of accepted standards. Deputy McManus made the same point, that minor issues would not involve a doctor being struck off.

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