Mary Coughlan (Donegal South West, Fianna Fail)

The amendment to section 81(2), which contains one of the sanction provisions, is designed to provide for an appeal mechanism in line with sections 80, 82 and 84. The penalty provided for under this section relates to advising, warning or censuring a registered person following fitness to practise proceedings. This sanction could be imposed either in conjunction with or in substitution for any other penalties. Even when imposed on its own, however, it represents a finding against a registered person and, as such, the person will be named in the council's annual report. On this basis, the person should have the same appeal provisions available as for other potential sanctions and the amendment is designed to achieve this end. A consequential amendment arises in respect of section 81(1) to allow, in the interests of fairness, people to appeal sanctions as well as penalties.