Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I propose to take Seanad amendments Nos. 4 to 6, inclusive, 17 and 18, 24 to 26, inclusive, 46 to 49, inclusive, 59 and 60 together. Regulators can impose a range of sanctions on a practitioner following a fitness to practise inquiry. The most serious of these include cancelling a person's registration, suspending the registration for a period of time or attachment of conditions to a person's practice. Before these sanctions take effect they must be confirmed by the High Court. Regulators can also choose to impose minor sanctions such as advice, admonish and censure. Currently, these minor sanctions do not require a High Court confirmation but cannot be appealed to the court. The Bill changes this such that any sanction can now be appealed to the courts. The Bill, as initiated, introduced amendments to the five Acts to provide that the minor sanctions would in future require High Court confirmation before taking effect. Concerns were expressed in this House at the earlier Stages of the Bill that this measure would impose an unnecessary additional cost, would delay the finalisation of proceedings and may bring an additional degree of publicity to registrants on whom the most minor of sanctions were being imposed. Having reviewed the matter and consulted with stakeholders, the Minister introduced these Seanad amendments to the Bill, which remove the proposed requirement for a High Court confirmation of the minor sanctions. This was welcomed by Senators across the House. The Bill, of course, continues to provide the new right of appeal for minor sanctions.

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