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<title>Jim McDaid - Recent appearances (From KildareStreet.com)</title>
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<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-11-12.789.0&amp;m=520#g808.7">
	<title>Vaccination Programme: Motion (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-11-12.789.0&amp;m=520#g808.7</link>
	<description>While I am fully aware of these difficult economic times for our country, and how impossible it is to explain to our people that we can no longer afford services which we previously took for...</description>
	<content:encoded><![CDATA[<p pid="808.2">While I am fully aware of these difficult economic times for our country, and how impossible it is to explain to our people that we can no longer afford services which we previously took for granted, the withdrawal of a life-saving vaccine is not a measure I can support.  We have only to examine the history of vaccinations and see how successful they have been.  We have practically eradicated smallpox, polio, diphtheria, tetanus and, to a large extent, tuberculosis.  In the future, the world will rejoice the day a vaccine for AIDS is produced.</p><p pid="808.3">In our time, we have found a vaccine against a cancer which afflicts 200 of our women every year and which is responsible for the deaths of 70 to 80 of these women on an annual basis.  The vaccine has the unanimous support of the world’s foremost institutions, including the world centre for disease control.  The renowned <i>New England Journal of Medicine</i> advocated it should be given to all female children between the ages of ten and 12, and possibly to those aged up to and including 15 years, depending on the morals and policies of individual nations.  The journal also stated it is the greatest scientific advance that any Government can do for its people today.  It would protect 70% of the girls from developing cancer and with the welcome introduction of the screening introduced by the Minister, in our generation we could go a long way to reducing the numbers to insignificance in the future.</p><p pid="808.4">However, on purely economic grounds — the <i>New England Journal of Medicine</i> contradicts the Minister on this point — the Minister has decided to drop its introduction for the foreseeable future.  The sunset period on its effectiveness is why I state that in so doing we will pass a death sentence on a certain percentage of the 12 year old girls whose parents cannot afford the cost of it.  Is there anyone in this House who would not give the vaccine to their daughters today?</p><p pid="808.5">I have been a friend of the Minister for 20 years and five different Fianna Fáil Taoisigh have recognised her commitment, capabilities and contribution to Irish society over a long period in political life.  Yes, these are extraordinary times but I cannot see the logic of her decision, not even on economic terms.  We have a responsibility to look after the health of our people and I have admired the Minister on many occasions in this regard.  We have a responsibility in particular to look after the future health of our children.</p><p pid="808.6">Fifty years from now, it will not be important what my bank account was, what type or car I drove or what size of house I lived in.  It does matter to me that during my stay in this House I may have been, just may have been, important in the life of a child.  Accordingly, I cannot vote for the Government’s motion this evening.  I fully realise the implications of this but I trust that my colleagues understand that while I will abstain I will not vote <i>per se</i> against them.  I cannot vote against an oath I took 34 years ago.</p>]]></content:encoded>
	<dc:date>2008-11-12T19:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2007-11-14.568.0&amp;m=520#g616.0">
	<title>Child Care: Motion (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2007-11-14.568.0&amp;m=520#g616.0</link>
	<description>I raised this issue with the Minister of State, Deputy Brendan Smith, on a number of occasions and he is well aware of my views.  It is normal that a Member on this side of the House would be...</description>
	<content:encoded><![CDATA[<p pid="616.1">I raised this issue with the Minister of State, Deputy Brendan Smith, on a number of occasions and he is well aware of my views.  It is normal that a Member on this side of the House would be 100% behind the Minister on a Private Members’ motion, but when one has to take account of three community play groups, one of which in Letterkenny closed down last week, the Minister of State can understand my reservations.  Despite the assurances that have been given that these staffing grants would continue until July next, these people in the voluntary sector are afraid of getting into debt and of taking on the extra staff needed because of the uncertainty.</p><p pid="616.2">I have worked in Departments.  It is normal in social issues such as this that the Minister would bring in consultant companies to see if he or she is getting value for money.  These changes were brought about as a result of the Department getting a company to undertake a value for money audit based on the original EOCP and it found that there was a certain number of people who possibly could afford to pay more and who perhaps were getting a service a little on the cheap or at a discount.  These working parents do not get much on the cheap.  They pay their taxes.  They pay for their medical care.  They pay through the nose for everything.</p><p pid="616.3">This company found that they were getting a service a little on the cheap.  That aside, I ask the Minister to State to find out how a consultant company puts a monetary value on the aspect of a service in which adults and children from all walks of life and from all the various social classes, high earners, low earners and people on social welfare, are mixing together and learning from one another.  This scheme was a perfect example of social inclusion.  What monetary value can the Minister of State put on that?  What criteria do these companies use in determining that as a value for money issue?</p><p pid="616.4">The Minister of State is spending a great deal of money on this issue and he is not getting the credit he deserves.  It has been going on for six or seven years.  It was a marvellous scheme and perhaps unknown to all of us, these community play groups could have possibly sown the seeds where social inclusion could have been brought from the abstract into the three dimensional.  One could see social inclusion working in this play group area.  One could literally reach out and touch it.</p><p pid="616.5">I understand that the Minister of State must collate all his data and of course we must get value for money, but when that is completed I would urge him to tell his officials to try to reinstate this scheme in a format as close as possible to the original.</p>]]></content:encoded>
	<dc:date>2007-11-14T19:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2007-11-07.334.0&amp;m=520#g364.0">
	<title>Cancer Services: Statements (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2007-11-07.334.0&amp;m=520#g364.0</link>
	<description>While this debate has mostly revolved around the tragic consequences that have occurred in the midlands I wish to make two points to the Minister, one of national importance and the other of more...</description>
	<content:encoded><![CDATA[<p pid="364.1">While this debate has mostly revolved around the tragic consequences that have occurred in the midlands I wish to make two points to the Minister, one of national importance and the other of more local importance.</p><p pid="364.2">Of all the drugs, technology, and the Star Wars-type equipment available in the medical field, which mother nature and science has thrown up to us, only one substance is known to prevent cancer.  There is a vaccine against what is known as the human papilloma virus.  While there are a number of strains of this particular virus, Nos. 16 and 18 have been shown to be responsible for 75% to 80% of all cervical cancer in women.  Some 180 women per year are diagnosed with cervical cancer, 70 to 75 of them will die.  It generally happens during the prime of a woman’s life, in her child bearing years, mostly when she has a young family, yet this vaccine which has been available since 2006 is the only product that prevents cancer.  Ireland is only one of two countries in Europe, the other being the Netherlands, that has not made this vaccine available.  For example, in Greece it is mandatory for all 12 year-old girls to have this vaccine.  It is available in all other countries in Europe.  While screening is wonderful when we have it, cervical cancer remains the second largest killer of women outside breast cancer in the 15 to 44 age group.  If this vaccine was to be made available through the GMS it would ensure that females of the appropriate age would be able to avail of this potentially life saving treatment free of charge.  While I am aware the cervical screening programme is to be rolled out next year, if it is not on the GMS list and does not receive approval from the Minister, it could mean that in the interim period a significant number of females could benefit from the vaccine.</p><p pid="364.3">Where is this vaccine?  It is with the National Immunisation Advisory Committee.  The NIAC is studying the cost effectiveness of this vaccine.  Every other country in Europe has done a cost effective study on this vaccine, including the UK.  How many more cost effective studies do we need?  By the time the NIAC allows it to go on to the market it will probably take another year between negotiations and the tender process.  In effect a vaccine which has been available since 2006 and known to be safe will still not have been rolled out in this country and whatever number of women will not have benefited.  I ask the Minister to take that point into consideration as it concerns cancer and cancer treatment in general.</p><p pid="364.4">The other programme is a local one.  While I agree with centres of excellence, cancer treatment has three stages of management.  First, it involves the diagnosis which is either through mammography, radiology or biopsy.  The second part involves surgery, where required.  The third stage, which is what has happened in the north west, is a radiation oncology prescription which is required by these women for ten weeks after surgery.  It is a ten minute procedure every day of the week generally for ten weeks.  The women of County Donegal have to travel and book into bed and breakfast accommodation from Sunday to Friday.  They are away from their families at a potentially terrible time in their lives.  It is this radiation oncology that I hope will be provided in the north west whether through the private or the public sector.  I do not mind which, nor do my patients, so long as it is provided.</p><p pid="364.5">If the private sector builds a hospital which is on the plans, and of which the Minister is aware, I ask her to ensure it receives every assistance to expedite this project because that third stage of the management of cancer, radiation oncology, is the part that is getting to the people of the north west.  If one looks at the map one will see centres in Belfast, Dublin, Waterford, Cork and Galway while the north west is naked.  The reason for this is that the north west does not have the population.  Derry city is the fourth largest city in the country.  Donegal has the seventh largest population with 140,000 to 150,000 people.  I am trying to work out where the figures come from.  While I would dearly like to have a centre of excellence will the Minister please ensure that at least the oncology part is made available and that no obstacle is put in its way whether it comes through the public or the private sector?</p>]]></content:encoded>
	<dc:date>2007-11-07T17:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2007-06-27.495.0&amp;m=520#g510.4">
	<title>Co-location of Hospitals: Motion (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2007-06-27.495.0&amp;m=520#g510.4</link>
	<description>However, it failed to clarify which part of the NDP it planned to curtail.  In other words, a bed-only policy means that it planned to curtail the onward march of medicine in other fields. Is...</description>
	<content:encoded><![CDATA[<p pid="510.2">However, it failed to clarify which part of the NDP it planned to curtail.  In other words, a bed-only policy means that it planned to curtail the onward march of medicine in other fields.</p><p pid="510.3">Is value for money as important in this area, where people are already diagnosed and awaiting operations so they can be pain free and resume a quality life with their families?  I would support such a situation in the north west where we are still asking cancer patients to travel to Belfast, Dublin and Galway for radiation treatment at a time when they are most vulnerable.  They spend weeks away from their families.</p><p pid="510.4">This was brought home to me last Friday night at the midsummer ball in Letterkenny where one of the auction prizes was two years’ commercial advertising on the back of the specially commissioned oncology bus which travels several times a week to Dublin hospitals.  It was described as a golden opportunity to promote a business.  The space was sold for €6,000.  That is why I am prepared to support co-location.  If we can find a reasonable solution to the question of beds, while continuing to debate value for money, by all means let us do so.  Let us, however, put the patient first as that is the priority.</p>]]></content:encoded>
	<dc:date>2007-06-27T19:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2007-06-27.495.0&amp;m=520#g508.5">
	<title>Co-location of Hospitals: Motion (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2007-06-27.495.0&amp;m=520#g508.5</link>
	<description>The main part of the motion seems to revolve around waiting lists.  As long as medical research continues around the world, there will be waiting lists as international medical practitioners...</description>
	<content:encoded><![CDATA[<p pid="508.2">The main part of the motion seems to revolve around waiting lists.  As long as medical research continues around the world, there will be waiting lists as international medical practitioners attempt and succeed in medical and surgical procedures only dreamt of previously.  One of the greatest breakthroughs happened over 50 years ago in South Africa with the first heart transplant.  If that procedure was carried out today in the same manner, it would be regarded as quite cumbersome.  Even in this country we are performing liver transplants, heart transplants, lung transplants and heart and lung transplants, procedures we only dreamed of performing ten years ago.  These procedures have become a way of life but, unfortunately, as I speak people are awaiting transplants.</p><p pid="508.3">That is why I look forward to the advent of stem cells because the future of medicine lies in the pursuit of research in this area.  I hope we debate this subject in the House soon.  Waiting lists will only become extinct the day that medical research stops.  In too many cases, however, waiting lists are unacceptable.  The high-tech issues I mentioned earlier are directly related.  If we are to proceed in this area, space must be created.  Given the huge steps taken over recent decades, the waiting lists are more a sign of our progress than of our deficiencies.</p><p pid="508.4">I fully accept that the co-location of hospitals is essential.  The National Treatment Purchase Fund is the only available comparator and initially I wondered how it would work.  The fund, however, has dealt with 171 of my patients.  If one asked any of them did they mind whether they were treated in a private or public hospital they would say no.  The pain they had suffered for years was gone and they now had a better quality of life.  The ultimate aim of us all, especially those working in the health service, is surely to expedite the journey of the patient through the system so that he or she can have quality of life again.</p><p pid="508.5">The co-location policy must answer two questions: will it provide more beds more quickly than any other method and will it represent value for money?  During its election campaign, the Fine Gael Party promised 2,500 beds for which the money was available through the national development plan.</p>]]></content:encoded>
	<dc:date>2007-06-27T19:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2007-06-27.495.0&amp;m=520#g506.2">
	<title>Co-location of Hospitals: Motion (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2007-06-27.495.0&amp;m=520#g506.2</link>
	<description>I wish to share time with Deputy Michael Finneran.</description>
	<content:encoded><![CDATA[<p pid="506.2">I wish to share time with Deputy Michael Finneran.</p>]]></content:encoded>
	<dc:date>2007-06-27T19:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.402.0&amp;m=519#g403.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Referral to Select Committee. | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.402.0&amp;m=519#g403.0</link>
	<description>I move: That the Bill be referred to the Select Committee on Transport, in accordance with Standing Order 120(1) and paragraph 1(a)(i) of the Orders of Reference of that committee.</description>
	<content:encoded><![CDATA[<p pid="403.2">I move:</p><p pid="403.3">That the Bill be referred to the Select Committee on Transport, in accordance with Standing Order 120(1) and paragraph 1(<i>a</i>)(i) of the Orders of Reference of that committee.</p>]]></content:encoded>
	<dc:date>2004-03-24T16:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g400.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g400.0</link>
	<description>In the single skies situation which has applied over Europe, vast spaces were controlled by military aircraft so civil aviation aircraft had to fly around them. We have had significant...</description>
	<content:encoded><![CDATA[<p pid="400.1">In the single skies situation which has applied over Europe, vast spaces were controlled by military aircraft so civil aviation aircraft had to fly around them. We have had significant advancements in that area. I will not refer to Aer Lingus again since it is a commercial entity. However, the Government has a political commitment to Shannon Airport.</p><p pid="400.2">Jurisdictions were another issue raised in this convention. These are provided to make it easy for passengers or their dependants to take compensation cases. In other words, one can now take a compensation case if one lives in one country, is travelling to another country or is travelling between countries. That part of the convention had been causing difficulty. It is not intended that people would be able to “jurisdiction shop”. Rather, it makes it easier for people to bring compensation claims.</p><p pid="400.3">In regard to air accidents, under the Montreal convention, passengers would be entitled to more compensation and everyone has agreed that is to be welcomed. A great deal of latitude has been given to Deputies in this debate and I did not get an opportunity to respond to all the points. However, I understand what the Chair had to say. I started out this debate with three pages and I have ended up with 14, so one can appreciate the amount of ground covered by Deputies today. We will deal with these issues on Committee and Report Stages and the Minister for Transport has dealt with most of the other issues on numerous occasions in this House.</p>]]></content:encoded>
	<dc:date>2004-03-24T16:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g397.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g397.0</link>
	<description>The Deputy should let me finish. The bases are in Dallas, Philadelphia, Orlando and San Francisco. Why can Aer Lingus not think about taking some of those flights into Shannon?</description>
	<content:encoded><![CDATA[<p pid="397.1">The Deputy should let me finish. The bases are in Dallas, Philadelphia, Orlando and San Francisco. Why can Aer Lingus not think about taking some of those flights into Shannon?</p>]]></content:encoded>
	<dc:date>2004-03-24T16:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g395.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g395.0</link>
	<description>This is the point. The current agreement with the US means that no scheduled services can fly into Cork or Knock airports. We are trying to re-negotiate these agreements to ensure scheduled...</description>
	<content:encoded><![CDATA[<p pid="395.1">This is the point. The current agreement with the US means that no scheduled services can fly into Cork or Knock airports. We are trying to re-negotiate these agreements to ensure scheduled flights can go in. However, as it stands, that is the agreement we have. The Deputy is aware four new bases have been suggested be opened into the US. That is a doubling of the bases——</p>]]></content:encoded>
	<dc:date>2004-03-24T16:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g393.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g393.0</link>
	<description>Yes. We are examining all those areas and I assure the Deputy that Shannon remains a high priority. It is a good air freight hub to which Deputy Naughten also referred. The US-EU talks are...</description>
	<content:encoded><![CDATA[<p pid="393.1">Yes. We are examining all those areas and I assure the Deputy that Shannon remains a high priority. It is a good air freight hub to which Deputy Naughten also referred. The US-EU talks are continuing and we will raise these matters at the June Council meeting to see if they have progressed. I have to admit that at the last Council of Ministers meeting, because of the other countries which did not have solutions to their open skies such as the UK, Greece and Portugal, it was thought unlikely there would be any settlement of this issue until well after the US presidential election. However, we made a positive contribution to the meeting, outlining Ireland’s position on Shannon Airport.</p><p pid="393.2">Deputies have criticised the fact that we are not putting resources into local airports and there was talk about Knock and other airports. I am being criticised for the amount of funding we have invested in Knock. The newspapers have stated that Knock Airport is costing us €560 per round trip but I do not listen to that type of criticism. I admire the authorities at Knock Airport for what they have achieved as a regional airport. Deputy Cowley does not understand that the airport has an open skies policy — anyone who wants to can fly into Knock. Charter flights can fly into Cork and Knock. The problem is in regard to scheduled services.</p>]]></content:encoded>
	<dc:date>2004-03-24T16:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g391.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g391.0</link>
	<description>NOTA, a huge expanse of the north Atlantic, has been taken over by the Irish Aviation Authority which means we control practically all aircraft over the north Atlantic now. This is a new...</description>
	<content:encoded><![CDATA[<p pid="391.1">NOTA, a huge expanse of the north Atlantic, has been taken over by the Irish Aviation Authority which means we control practically all aircraft over the north Atlantic now. This is a new arrangement to which no one has paid any attention. As Deputy Naughten and others have pointed out, with the accession to the EU of ten countries, who is to say that Shannon will not become the central hub for all of that?</p>]]></content:encoded>
	<dc:date>2004-03-24T16:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g389.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g389.0</link>
	<description>Aer Lingus is a commercial company but services are being developed by the Government, Enterprise Ireland and the Irish Aviation Authority. My Department has made transport provisions there. I do...</description>
	<content:encoded><![CDATA[<p pid="389.1">Aer Lingus is a commercial company but services are being developed by the Government, Enterprise Ireland and the Irish Aviation Authority. My Department has made transport provisions there. I do not know whether the Deputy is aware of them.</p>]]></content:encoded>
	<dc:date>2004-03-24T16:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g387.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g387.0</link>
	<description>Four member states of the EU have a problem with an open skies policy. It is not that we cannot get over that, but we have the UK, the Greeks, the Portuguese and ourselves. Even at the last...</description>
	<content:encoded><![CDATA[<p pid="387.1">Four member states of the EU have a problem with an open skies policy. It is not that we cannot get over that, but we have the UK, the Greeks, the Portuguese and ourselves. Even at the last Council of Ministers meeting I made a contribution in that regard. I am not going to get into a argument with a commercial airline. However, on occasions I have heard people compliment Aer Lingus on coming from a state of requiring resuscitation, to criticising it for some of the decisions it has had to take. I accept that by some of its recent actions, Aer Lingus has not shown that Shannon is high on its agenda but that has not been the policy of the Government or its Deputies who have shown how they felt through their actions. I assure the House that Shannon Airport remains important to the Government. As was pointed out by the Deputy Pat Breen’s own colleagues, there are some excellent services.</p>]]></content:encoded>
	<dc:date>2004-03-24T16:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g385.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g385.0</link>
	<description>While many Deputies used the opportunity presented by this Bill to put forward the positions in their locations, and I am sure that if I were sitting on the other side of the House I would...</description>
	<content:encoded><![CDATA[<p pid="385.2">While many Deputies used the opportunity presented by this Bill to put forward the positions in their locations, and I am sure that if I were sitting on the other side of the House I would probably have done the same, as the Ceann Comhairle pointed out many of the points raised by the Deputies did not appertain to the Bill</p><p pid="385.3">I will deal with the points raised by Deputies and respond to the accusations made. I thank all the Deputies for their contributions. They all welcomed the Bill, which was good to see. The Montreal convention has been welcomed. There was criticism that it took so long to ratify it. The delay introducing the Bill was due to the events of 11 September and other issues.</p><p pid="385.4">A number of issues were raised regarding Aer Lingus, Aer Rianta, Shannon Airport, Knock Airport and the other regional airports, but most of them do not relate to the Bill. Therefore, I will deal with the issues raised that relate to it. The issues raised which were noted by the Minister yesterday and by me today will be taken on board on Committee Stage.</p><p pid="385.5">Deputy Breen raised the issue that passengers and their dependants might have only 21 days to make a claim. However, article 35 of the convention allows for this period to be up to two years.</p><p pid="385.6">Deputy Breen and other Deputies raised the issue of the applicability of the convention to military aircraft. The provisions of the convention apply to international carriage of passengers or cargo for remuneration. That would include any carriage by Irish State or military aircraft, which would fall under that category. However, article 57 of the convention is an opt-out clause for States which do not want to use it. This country has no plans to use that opt-out clause. The purpose of section 8 is to expressly reflect in the Irish legislation the provisions of article 57 and we will not opt-out of the provisions of that section.</p><p pid="385.7">Deputy Shortall raised the issue of the provision in the Bill for making orders. This issue is of a technical nature. Such a provision already exists in other legislation. We will consult the Office of the Parliamentary Counsel regarding the technical sections of the Bill and we will inform the Deputy in that regard on Committee Stage or Report Stage.</p><p pid="385.8">There was reference to the use of the French text, which was included in the Warsaw convention. This has little or nothing to do with the Bill. It has been pointed out to me that in the 75 year history of the Warsaw Pact such text has never had to be used. In any event, the Montreal convention will eventually supplant the Warsaw convention. It is drawn up in a number of languages, including English, all of which will be equally authentic.</p><p pid="385.9">Deputy Ryan asked if it would have been possible for the Government to have ratified the convention by means of secondary legislation. I have been informed that on that basis it would not have been possible, as our Constitution clearly envisages it had to be laid before Dáil Éireann because it is an international agreement.</p><p pid="385.10">Deputy Crowe referred to the delay in ratifying this convention. I mentioned that the delay was due to the events of 11 September and the divisions of the Department that had to deal with those tragic events. The Deputy also asked about the position of the ten accession states. I understand that eight of the ten have already accepted it.</p><p pid="385.11">The Deputy asked about the €20,000 in damages in respect of mental illness. During the diplomatic negotiations that led to the Montreal convention the issue of compensation for mental distress was raised. However, it was decided not to include this issue in the convention in view of the extensive legal precedents in this area in many of the states. The Bill contains provisions to enable an Irish court to provide the same compensation for mental distress as provided for in the Civil Liability Act 1961, as amended in 1996. The Civil Liability Acts currently provide for compensation up to £20,000 or €25,000 approximately and any adjustments to that amount by the Minister for Justice, Equality and Law Reform will automatically apply to this Bill without the need for further amendments to Air Navigation Acts.</p><p pid="385.12">With regard to other matters related to Shannon Airport which some Deputies raised, Deputy Killeen and Deputy Breen have made passionate contributions on a number of occasions in that regard. Those matters are not related to the Bill, but I understand from where the Deputies are coming. This issue is currently being decided at EU-US level. A question was raised by the party of which the Deputy opposite is a member recently to the effect that we should abandon those discussions. I asked would the Members prefer if they were abandoned, that we put our heads in the sand and not allow the US to know exactly from where we are coming.</p>]]></content:encoded>
	<dc:date>2004-03-24T16:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g369.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g369.0</link>
	<description>The Deputy wants open skies.</description>
	<content:encoded><![CDATA[<p pid="369.1">The Deputy wants open skies.</p>]]></content:encoded>
	<dc:date>2004-03-24T15:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g367.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.364.0&amp;m=519#g367.0</link>
	<description>The Deputy is anti-Shannon.</description>
	<content:encoded><![CDATA[<p pid="367.1">The Deputy is anti-Shannon.</p>]]></content:encoded>
	<dc:date>2004-03-24T15:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.232.0&amp;m=519#g249.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.232.0&amp;m=519#g249.0</link>
	<description>We have said that we would be reluctant to put sky marshals on a flight. We would rather cancel a flight. A definite decision has not been made but that is the general feeling.</description>
	<content:encoded><![CDATA[<p pid="249.1">We have said that we would be reluctant to put sky marshals on a flight. We would rather cancel a flight. A definite decision has not been made but that is the general feeling.</p>]]></content:encoded>
	<dc:date>2004-03-24T13:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.232.0&amp;m=519#g247.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.232.0&amp;m=519#g247.0</link>
	<description>Discussions are ongoing between the EU and the United States on that question. At the last Council of Ministers meeting it was also discussed. That matter is ongoing between the United States and...</description>
	<content:encoded><![CDATA[<p pid="247.1">Discussions are ongoing between the EU and the United States on that question. At the last Council of Ministers meeting it was also discussed. That matter is ongoing between the United States and Europe.</p>]]></content:encoded>
	<dc:date>2004-03-24T13:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2004-03-24.232.0&amp;m=519#g242.0">
	<title>Air Navigation and Transport (International Conventions) Bill 2004 [Seanad]: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2004-03-24.232.0&amp;m=519#g242.0</link>
	<description>Current conventions state that no scheduled flights from the US can arrive in Knock International Airport or Cork Airport.</description>
	<content:encoded><![CDATA[<p pid="242.1">Current conventions state that no scheduled flights from the US can arrive in Knock International Airport or Cork Airport.</p>]]></content:encoded>
	<dc:date>2004-03-24T12:00:00+00:00</dc:date>
</item>


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