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Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Jul 2012)

Brian Ó Domhnaill: Section 42(2)(b) relates to the serving of notices. The section states an animal health and welfare notice shall "inform the person on whom it is served that he or she may appeal the notice to the District Court under section 43...". I would prefer to see an appeal being made to an independent board. I spoke about this issue when the Bill was before the House previously. An independent...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Jul 2012)

Brian Ó Domhnaill: I wish to make a constructive point. To some extent, the social welfare appeals office was a bad example to cite. I imagine every public representative in both Houses is trying to have the backlogs dealt with. Another cheaper and less expensive way of doing it would be to provide for an appeal to the Minister's office. The Minister is independent of the process involving authorised...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Jul 2012)

Brian Ó Domhnaill: This section relates to the evidence of laboratory analysis and certification. Is the section derived from existing legislation? It relates to legal requirements on farmers. Will the Minister explain the difference? Is there a major difference with the legal requirements for farming activities under the section? It has created some confusion.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Jul 2012)

Brian Ó Domhnaill: I should have checked, but I did not have time to do so.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Jul 2012)

Brian Ó Domhnaill: The presumption of ownership could cause confusion and the provision could be open to all sorts of interpretations, both legal and otherwise. Section 56 states, "In proceedings for an offence under this Act an animal, animal product, animal feed or other thing is presumed, unless the contrary is shown, to be owned by the occupier or person in charge of the land or premises ...". I assume it...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Jul 2012)

Brian Ó Domhnaill: It should be done at authorised officer level rather than letting the matter move up the food chain and into court after a notice is served. Before a notice is issued, such dialogue should take place. I agree it is an issue worth raising.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Jul 2012)

Brian Ó Domhnaill: This section provides that, upon conviction, a person may be disqualified from owning or having an interest in animals or be disqualified from working with animals for a period including, where appropriate, the life of the person as the court considers appropriate. This provision appears harsh. I have examined the position in this regard in other jurisdictions in Europe and the United...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Jul 2012)

Brian Ó Domhnaill: The Bill will cede this power to the Judiciary. It may be worthwhile to address this provision as it may be unfair. People redeem themselves and penalties are imposed for that reason. While I have not tabled an amendment on the issue, it may be worthwhile to examine the provisions in operation in other jurisdictions, with a view to redrafting this provision.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Jul 2012)

Brian Ó Domhnaill: This section relates to fees and costs which would be borne by the owners of animals in respect of, for example, applications for registration, licences or permits. No regulatory impact analysis was carried out in respect of the new Bill although this was done in respect of the previous proposed animal health and welfare Bill. What will be the cost implications for the agricultural sector...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Jul 2012)

Brian Ó Domhnaill: That might refer to the animal welfare organisations.

Seanad: Access to Cancer Treatment Bill 2012: Second Stage (11 Jul 2012)

Brian Ó Domhnaill: I propose to share time with Senator Mark Daly.

Seanad: Access to Cancer Treatment Bill 2012: Second Stage (11 Jul 2012)

Brian Ó Domhnaill: I am quite flabbergasted by the attitude adopted by certain Government Senators in regard to this legislation. I commend Senators Marc MacSharry and John Crown - the latter of whom is a professional in this field - on the work they have put into drafting the Bill and presenting it to the House. I would have hoped that in the case of a proposal that affects almost every family in the...

Seanad: Access to Cancer Treatment Bill 2012: Second Stage (11 Jul 2012)

Brian Ó Domhnaill: If the Government is serious about drafting alternative legislation in this area, why will it not allow this Bill to proceed on Second Stage and introduce amendments thereafter, either in this House or in the Dáil? That would be a constructive approach which brings the expertise, professionally and otherwise, of Senator Crown and others into consideration. To reject it outright does no...

Seanad: Access to Cancer Treatment Bill 2012: Second Stage (11 Jul 2012)

Brian Ó Domhnaill: It gives the Minister total scope. Section 5 of the legislation allows that, following consultation, if the Minister believes a drug should not be used, he or she may issue a decision to that effect. It gives scope to the Minister and I cannot understand where the difficulty lies. The Bill is very simple and I cannot see why it cannot be accepted. Cancer patients are being attacked from...

Seanad: Access to Cancer Treatment Bill 2012: Second Stage (11 Jul 2012)

Brian Ó Domhnaill: Yes, and so you should be. There are people in this House who put forward legislation, on a non-partisan basis.

Seanad: Access to Cancer Treatment Bill 2012: Second Stage (11 Jul 2012)

Brian Ó Domhnaill: It is being rejected outright, without any constructive engagement whatsoever. That leaves a lot to be desired. In 2008, over 1,200 people were diagnosed with melanomas in Ireland. Senator Crown presented evidence on drugs such as Ipilimumab, which can improve the life expectancy of such patients. A new drug that has been developed for the treatment of prostate cancer was rejected outright...

Seanad: Order of Business (17 Jul 2012)

Brian Ó Domhnaill: I want to raise an issue on the Adjournment today about democracy and freedom of speech.

Seanad: Order of Business (17 Jul 2012)

Brian Ó Domhnaill: The Gaeltacht Bill was subject to much debate in the House. The debate was guillotined and the legislation will do away with elections; hence, democracy was stifled twice. A revelation is emerging today about a gardener who works in Glenveagh National Park, which is under the auspices of the Department of Arts, Heritage and the Gaeltacht. The man is a member of Guth na Gaeltachta, a...

Seanad: Order of Business (17 Jul 2012)

Brian Ó Domhnaill: -----a radio interview in which he made a public comment. The Government is attacking the freedom of speech and democracy. This is an outright disgrace.

Seanad: Order of Business (17 Jul 2012)

Brian Ó Domhnaill: The people of the Gaeltacht are outraged today.

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