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Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (9 Jan 2013)

Colm Burke: It should be clarified from the point of view of the clerk. In fairness to him it was clarified that representatives of the Bar Council were prepared to come in and it is wrong that it is in the public domain that they never agreed to come in. In fact it was clarified to him that they intended coming in.

Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (9 Jan 2013)

Colm Burke: I thank the panel for giving a comprehensive overview. I refer to one or two points raised yesterday from representatives of the Institute of Obstetricians and Gynaecologists. The expert group report provided several choices for who should make the decision in the area of suicide. It provided the option of two specialists and for the case to be referred on to a specialist obstetrician, and...

Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (9 Jan 2013)

Colm Burke: I refer to the issue which was raised yesterday by the Institute of Obstetricians and Gynaecologists. Its view is that two obstetricians and one specialist would be needed to decide on the issue of suicide. I ask if this is a workable solution because I do not think it has been clarified. It goes outside the recommendations in the report of the expert group.

Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (9 Jan 2013)

Colm Burke: I thank the Irish Council for Civil Liberties for its presentation. Returning to the foetal abnormality issue, if provision was made for that in the legislation, is Dr. Brady satisfied that Ireland then would be within Article 3 of the convention? The definition of foetal abnormality given this morning was where there is no prospect that the foetus, once born, will survive even for one...

Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (9 Jan 2013)

Colm Burke: I ask Dr. Brady to address the issue of referral to the Supreme Court by the President.

Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (9 Jan 2013)

Colm Burke: The preface of the expert group report was written by Mr. Justice Seán Ryan. In it he stated that the European Court of Human Rights concluded that there is an existing constitutional right which was identified by the Supreme Court in the X case decision, that it was logical and rational that the right should be available and enforceable, that there should be a formal, accessible and...

Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (9 Jan 2013)

Colm Burke: We have discussed the issue of doctors seeking clarity. From my own contact with doctors in hospitals throughout the country, I can say they are looking for that clarity. They feel they are walking on eggshells at present with regard to the decisions they are taking. They are afraid, not only of criminal prosecution but of being reported to the Medical Council because someone's view might...

Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (10 Jan 2013)

Colm Burke: I thank all those who have made a contribution here this morning. I am interested in the regulation and guidelines around this issue, as opposed to legislation. I have been involved in legal practice for over 25 years and identified a defect where regulation was in place without supporting legislation, a defect that subsequently cost the Department of Health and Children €485...

Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (10 Jan 2013)

Colm Burke: I asked for clarification on legislation under which regulation could be introduced.

Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (10 Jan 2013)

Colm Burke: I thank all the speakers, who have given a good summary of the issues. It was argued this morning that there was no medical evidence given to the court in the X case. Does this not lead to the argument for the need for legislation? If the legislation set out specifically that two psychiatrists, for example, must sign off on a case, the court would be clearly guided in such circumstances....

Joint Oireachtas Committee on Health and Children: Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland (10 Jan 2013)

Colm Burke: I thank all of the guests for their presentations. Am I correct in interpreting them as saying that because of Article 40.3.3° regardless of what legislation is brought into place there will not be a huge change in current practice in Ireland? They might clarify that because that is my interpretation of their presentation. On the issue of doctors, the witnesses spoke about opening up...

Joint Oireachtas Committee on European Union Affairs: Europe's Youth Unemployment Crisis: Discussion (17 Jan 2013)

Colm Burke: I thank Mr. Cosgrave for his presentation. I have spoken to a number of business people about jobs. I spoke to Seán O'Sullivan from the television programme "Dragons' Den" and he expressed a strong view that many job vacancies here cannot be filled because we do not have people with the required qualifications. Last Monday I spoke to a person who employs 425 people. He told me that...

Seanad: Order of Business (22 Jan 2013)

Colm Burke: I wish to be associated with the expressions of sympathy to the McEntee family, the Barry family and our colleague, Senator Clune. Senator Higgins raised the issue of HMV gift vouchers. As a practising solicitor, when I receive money from a client I must keep it in a separate account. I cannot dispose of it until the day arrives when I can use it in a proper manner for the benefit of the...

Seanad: Order of Business (23 Jan 2013)

Colm Burke: I support Senator Feargal Quinn on the issue of using paperless systems to do business. The best example I can give in this regard is from Denmark where people have a patient medication card which is like a Visa card. Paper prescriptions are not handed out. Rather, prescriptions are placed in an electronic file. Patients can take their cards to the pharmacist who can read the...

Seanad: Address to Seanad Éireann by Mr. Gay Mitchell, MEP (24 Jan 2013)

Colm Burke: I thank Mr. Mitchell for taking the time to attend and I also thank him for his help and assistance when I was a member of the European Parliament. He was always there to give good advice on how to deal with particular issues. To follow on from the last speaker, my question concerns the role of the Seanad in dealing with EU regulations. I was at a meeting of the Joint Committee on Health...

Joint Oireachtas Committee on Health and Children: Independent Study into Ward Staffing Levels: Discussion with INMO (24 Jan 2013)

Colm Burke: I thank Mr. Doran for his very detailed presentation. As someone who has several family members working in both the medical and nursing professions, I am very much aware of the difficulties that exist in our hospital system. I am approaching this from the budgetary point of view and in 2011 and 2012, the total budget for health care exceeded the total amount of money collected in income...

Joint Oireachtas Committee on Health and Children: Independent Study into Ward Staffing Levels: Discussion with INMO (24 Jan 2013)

Colm Burke: I accept Mr. Doran's point about the cuts in salaries across the public sector. There have been cuts of 40% to 45%. I compared the public sector with the private sector and increments continued to be paid after the cuts were implemented, with which I have no problem. However, there is a contracting budget. In fairness to the health service, nurses, junior doctors and consultants have made...

Seanad: Address to Seanad Éireann by Ms Mairead McGuinness, MEP (29 Jan 2013)

Colm Burke: I thank Ms McGuinness. I refer to the land issue, the manner in which it is held and to land consolidation. One hundred years ago, there was major reform in Ireland with regard to the work of the Land Commission. However, we have done nothing in respect of land consolidation as there are no incentives in this regard in real terms. Could this be incorporated and an incentive put in place...

Seanad: Order of Business (30 Jan 2013)

Colm Burke: I join in the conveying of sympathies to the family of Adrian Donohoe. I also convey my sympathies to our colleague, Senator Henry, on the death of her mother and to the family of Éamon de Buitléar. Adrian Donohoe was not just a member of the Garda. He also gave local leadership in his area and to the people with whom he lived. This is not just a loss to the Garda or a huge loss to his...

Seanad: Order of Business (30 Jan 2013)

Colm Burke: It is important as there is currently a problem with cashflow, particularly with self-employed people. The State now appears to be contributing to the problem, and it is outrageous that the person I described must pay interest on income tax but the State will not pay interest on the money owed. It would be appropriate for the matter to be taken up with all the Departments and where money is...

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