Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I caution the House against that. I do not in any way dispute what Deputy O'Reilly is trying to do. The strong advice available to me is that the definition of "poor professional performance" is provided for in four of the five health professional regulatory Acts already in place. It is not covered in the legislation relating to dentists. That has now been defined by the Supreme Court. There is no greater clarity in terms of understanding that we could arrive at than the Supreme Court. For us to begin to alter the wording would inject a degree of uncertainty. I know that is not the Deputy's intention, but it could be an unintended consequence. I would genuinely advise against these amendments. I would be happy to engage further with Opposition spokespersons in advance of the Seanad debate, but I am concerned about this.

On Deputy Donnelly's query, my officials responded to him, through the committee, in terms of outlining the rationale for confirmation by the High Court versus a lower court. Perhaps I will discuss this with him and we can decide if he wants to pursue it further.

See this speech in context