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Written Answers — Department of Defence: Defence Forces Medicinal Products (7 Nov 2017)

Clare Daly: 1387. To ask the Taoiseach and Minister for Defence further to parliamentary question number 59 of 13 December 2016, when the report of the working group on lariam will be published in view of the recent publication of the Air Corps toxic chemicals report notwithstanding the fact that litigation has been launched by a number of persons. [46878/17]

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: It is important to record that the Joint Committee on Justice and Equality took a decision to divide its resources today between the committee and this discussion in the Chamber. As such, the different groups have sent half their representations here for this debate. It is a bit regrettable. While amendments Nos. 1 and 2 are not grouped, I would like, with the indulgence of the Chair,...

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: All Members want periodic payment orders which are far preferable to lump sum payments. We are trying to facilitate a move in that direction because it would presumably and I hope be more beneficial to a catastrophically injured person. It is very important that the chosen system be set up in a robust manner in order that people opt for it and will not have to rely on the lump sum payment....

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: I move amendment No. 2:In page 11, line 23, to delete “may, with” and substitute “shall, subject to”.

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: I move amendment No. 3:In page 12, between lines 7 and 8, to insert the following:“(8) Where, pursuant to an initial review or a review under subsection (3), the Minister is of the opinion that an alternative index would not be more suitable for the purpose of the annual adjustment of the amount of payments provided for under periodic payments orders, he or she shall cause to be laid...

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: I do not think it is a big deal. The Minister of State has zoned in on the reasons only being required if the index is not being changed, but one could also provide a statement on the reasons it was being changed. That is not a stumbling block for the acceptance of the amendment which we put forward in the context of there being huge concern about the issue. Many people are considering the...

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: As I said to the Minister of State, if that was the stumbling point of the amendment, it could have been amended to require the provision of reasons whether the index was being upheld or amended. It is not a decisive point. It is about accountability and overcoming the suspicion aroused by a method being chosen that experts said was not the best option. One has to assume, if the experts...

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: I wish to raise a brief point on that amendment because it seeks to provides that appeals from the High Court about periodic payment orders, PPOs, by a recipient could be made on grounds other than a point of law. It is remarkable that the Bill, as drafted, permits an appeal to the Court of Appeal against a court decision to direct payment of damages by way of a PPO only on a point of law....

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: I move amendment No. 5:In page 17, between lines 33 and 34, to insert the following:" "Category A safety incident" shall be construed in accordance with section 8;". I want to raise a procedural point and I know that Deputy Wallace also wants to come in on this. This group of amendments is the essence of the debate around the Bill. It is likely that the bulk of debate will concern them and...

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: The problem is that we are dissecting the main area of discussion on this legislation. By the time I finish our time will be up. This section is the key to the debate but the Minister of State will not even have time to answer me before midday, never mind anybody else.

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: I know. Okay.

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: I know that but this disrupts the key to the discussion and that is unfortunate. Can we set the clock back to seven minutes then, as we have just been discussing procedure? That would be a help.

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Clare Daly: These sections are the key to the Bill and concern the issue of open disclosure. We are dealing here with new definitions of the types of safety incident that cause serious and less serious harm; with mandatory open disclosure regarding serious incidents; with voluntary open disclosure of less serious incidents; and so on. This is a huge group. With the Leas-Cheann Comhairle's permission I...

Ceisteanna - Questions (Resumed): Horseracing Industry (8 Nov 2017)

Clare Daly: 46. To ask the Minister for Agriculture, Food and the Marine if his attention has been drawn to the continuing absence of proper drug testing protocols in the horse racing industry; and the measures he plans to introduce to rectify these failures. [46929/17]

Ceisteanna - Questions (Resumed): Horseracing Industry (8 Nov 2017)

Clare Daly: I am beginning to wonder whether the Minister does not want to answer my question. Against the backdrop of the revelations of drugs being used in the greyhound industry, what are his thoughts on the continuing absence of proper drug testing protocols in the horse racing industry? Is he concerned about this deficit and what does he intend to do about it? The position is in sharp contrast to...

Ceisteanna - Questions (Resumed): Horseracing Industry (8 Nov 2017)

Clare Daly: I remind the Minister that Ireland's so-called global leadership in equine matters will be severely challenged unless we address the use of drugs and employment rights - or lack thereof - in the horse racing industry. Contrary to the Minister's assertion, many of the policies are heavy on spin and fairly slight on substance. Unlike human sporting activities where athletes can be selected for...

Ceisteanna - Questions (Resumed): Horseracing Industry (8 Nov 2017)

Clare Daly: The Minister confirmed what I was saying was accurate. The five days' notice system applies and is outlined in regulation-----

Ceisteanna - Questions (Resumed): Horseracing Industry (8 Nov 2017)

Clare Daly: The Minister can come back in a moment.

Ceisteanna - Questions (Resumed): Horseracing Industry (8 Nov 2017)

Clare Daly: I thank the Leas-Cheann Comhairle. I heard what the Minister said regarding the different categories but the point I make is a valid one. Not only that, if the owner does not make the horse available for testing and fails to furnish the information within five days, it is at the discretion of the stewards of the governing body to deem that a missed test. What is the penalty for a missed...

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: There are a couple of issues. The Minister said we were introducing a two-tier system. That was not our choice. We succeeded in getting an amendment passed which meant that all reporting was mandatory. We believe this is absolutely necessary to guard against the cultural deficit that exists inside the HSE in particular. However, having met officials from the Department of Health, who had...

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