Colm Burke (Fine Gael) | Oireachtas source

Speaking from a legal point of view, the section is correctly drafted and the amendment could cause legal problems. If a person refused to appear for the medical assessment, which he or she would be entitled to do, the Minister's hands could be tied. The Minister has made adequate provision, as the Bill states: "in the Minister?s opinion, the person has become incapable through ill-health." No Minister will let someone go without adequate evidence. If a person was let go because the Minister's opinion was that he or she had a medical complaint, the courts would find in favour of the party who was forced to retire unless the Minister produced copper-fastened evidence. The amendment would cause major complications and tie the Minister into producing medical evidence. Without that evidence, the Minister would not be able to take necessary action. I will not support the amendment.