Seanad debates

Wednesday, 17 November 2004

Health and Social Care Professionals Bill 2004: Committee Stage.

 

4:00 pm

Photo of Feargal QuinnFeargal Quinn (Independent)

Amendment No. 23, which I submitted, is similar to Senator Ryan's amendment. I take Senator Feeney's point. If the Minister of State can undertake those consultations before the debate on Report Stage I would be happy to withdraw that part of my amendment.

There is another part to amendment No. 23. It comes to light partly because of what Senator Ryan has just said. He referred to the fact that if I, in my other job, happened to carry an advertisement which misled unintentionally I would still be guilty of the offence.

Section 79 states that a person "is guilty of an offence if, with intent to deceive, he or she contravenes section 78(4)", and so on. Can the Minister of State put my mind at rest on this matter? If someone who uses the wrong term afterwards claims not to have done so with intent it appears that the person would not be guilty of an offence. I am saying that if a person uses the wrong term he or she is guilty of an offence. Before I withdraw the amendment in full I would like to hear the Minister of State's view as to whether there is a need for the second part of amendment No. 23.

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