Brendan Ryan (Labour)

Ever since the Revenue Commissioners decided that quadriplegics were not covered by the legislation exempting people from excise duty for cars because the legislation stated the exemption applied to those who could not use their hands or their feet, I have always felt an obligation to tease out what legislation really means because, although that was a most peculiar interpretation, the Revenue Commissioners used it to refuse people an exemption.

Elsewhere, section 4 states that if the Minister considers it is appropriate and in the public interest that a health or social care profession be designated, he or she shall have regard to certain factors, such as the extent to which the profession has a defined scope of practice and applies a distinct body of knowledge and the extent to which the profession has established itself, including if there is at least one professional body representing a significant proportion of the profession's practitioners. That is acting after the fact. I am not trying to be awkward, but there is an expectation that all people working in these areas will be of a sufficiently high professional standard to do all these things. The trouble is that some of them are not, as the Minister of State just indicated. They cannot agree. I am worried that this section might restrict the Minister from intervening where people are doing harm and because they are not part of an organised profession with the type of structure outlined in paragraphs (a) to (d), inclusive, the Minister would not have the legal power to intervene. I would question this. For example, if the health or the safety and welfare of the public is threatened, it is not much consolation to learn the Minister cannot do anything about the situation because a particular profession is not well organised. There is a gap there and I merely ask the Minister of State to consider it.