Outcome of a Disciplinary Tribunal regarding allegations against Mr P.A. Houlihan

Finding and Order

The Disciplinary Tribunal finds that Mr P A Houlihan, a member of the Institute while a partner in the practice of Houlihan Cushnahan & Co (no longer operating), with an address at 1-4 Adelaide Road, Glasthule, Co Dublin acted in breach of the Institute’s Code of Ethics for Members (2006 - 2014): Fundamental Principle: (c): Professional Competence and Due Care in that he failed to:  

1. Ensure that a business structure, namely the incorporation of a medical practice, which he advised for a client in the period 2010 to 2013 was planned, implemented and maintained in an adequate manner so as to achieve its purpose; 
2. Act in accordance with the requirements of an assignment on a timely basis in respect of the potential implications of a Revenue sector review announced in 2013;
3. Act in accordance with the requirements of an assignment on a timely basis in respect of the appropriate amount of tax payable in 2010 and 2011;
4. Act in accordance with the requirements of an assignment on a timely basis in respect of a proposed Unprompted Voluntary Disclosure to Revenue in the period February to March 2014.

and is thereby liable to disciplinary action in accordance with the Institute’s Disciplinary Bye-Laws. 

The Disciplinary Tribunal finds the Formal Allegations proven and makes an Order as to Sanction that the member be subject to a severe reprimand, a fine of €7,500 and a contribution to costs in the amount of €7,500.

Background and outline of disciplinary matter

The member failed to meet the expected ethical standards of Professional Competence and Due Care and Professional Behaviour in respect of the provision of services to a client in connection with the incorporation of a doctor’s private medical practice.

Identification of appropriate orders

Recognising the benefits of resolution through the settlement process, the Disciplinary Tribunal considered the findings and orders made appropriate having regard to the objectives of the Disciplinary Bye-Laws, the applicable guidelines on sanctioning and the particular facts and circumstances of the matter before it.

Reference: Karen Jones, Gibney Communications
Ph: 01 6610 402