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Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: My argument concerns whether one can acquire a right when the product one is selling causes death.

Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: I want to come back to the question of clear evidence. If there is clear evidence that a product is causing death, how can the manufacturers of that product acquire a right? That question needs to be dealt with from a legal point of view. I do not understand how such a company can acquire a right. All the evidence confirms that this product is causing death.

Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: First, I had better declare my interest in that I am a member of the Law Society. I wish to raise the issue of property rights in terms of where the State is taking action that involves public health. Submissions the committee received over the past number of weeks clearly indicate that 5,000 people are dying per annum as a direct result of smoking. I stated this morning that since the...

Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: That is not true.

Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: There is a quote about the Charter of Fundamental Rights. What specific aspect of that charter is Mr. Meagher saying we will infringe if we go ahead with this legislation?

Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: Thank you.

Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: Is there not an argument that the State also has an obligation to protect the health of citizens, which takes priority over property rights?

Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: One cannot have property rights if the product one distributes causes deaths. No property rights attach in that situation.

Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: I asked a question on the Charter of Fundamental Rights. I referred to specific sections of the charter.

Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: I asked a specific question on the charter. It is quoted in the submission that-----

Joint Oireachtas Committee on Health and Children: Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed) (13 Feb 2014)

Colm Burke: I thank the witnesses for making their contributions this morning. It is good to hear both sides of the argument. Back in 1964, Luther Terry, the then US Surgeon General, identified that smoking was a cause of death. The average number of people who die in this country as a direct result of smoking is 5,000 per annum, so a 250,000 people have died in the 50 years since 1964. That is...

Seanad: Adjournment Matters: Insurance Coverage (12 Feb 2014)

Colm Burke: I thank the Minister of State for the comprehensive reply. I am not trying to impose an obligation on the State but rather more co-operation between the insurance industry and the State, which has happened in the UK. Could we consider what happens in the UK and see if we can implement similar measures? Comprehensive cover is not provided for everybody but there are particular cases where...

Seanad: Adjournment Matters: Insurance Coverage (12 Feb 2014)

Colm Burke: This matter was already discussed today with the Minister of State at the Department of Finance, Deputy Brian Hayes. I submitted this matter on the Adjournment last week when I was not aware that a debate on flooding would be on the Order of Business today. I have said three or four times in the past week that the Motor Insurance Bureau Fund is available to compensate an uninsured person...

Seanad: Recent Flooding: Statements (12 Feb 2014)

Colm Burke: I welcome the Minister of State of the House and thank him for attending a meeting in Cork last Thursday night with the business community, the local public representatives and Oireachtas Members. It was an extremely constructive meeting. Moreover, the proposal made at that meeting about the setting up of a forum involving the Office of Public Works, Cork City Council officials and the...

Seanad: Health Identifiers Bill 2013: Committee and Remaining Stages (12 Feb 2014)

Colm Burke: I thank the Minister of State and the officials in all the Departments involved with the matter. It is an important step. We have much catching up to do, as I mentioned in a previous debate on the matter. In Denmark, the computerisation process began in 1994. We have 1,700 different computer systems in the health area but in Denmark they have 27 and are working to a target of five or six...

Seanad: Health Identifiers Bill 2013: Committee and Remaining Stages (12 Feb 2014)

Colm Burke: Does the Bill adequately cover the situation of someone with dementia, particularly if there is no court order or enduring power of attorney in place? Have we adequately covered all the problems that might arise? While the amendment is welcome it is also important that those situations are adequately catered for, particularly enduring power of attorney, and even powers of attorney, because...

Seanad: Health Identifiers Bill 2013: Committee and Remaining Stages (12 Feb 2014)

Colm Burke: I fully support the Minister and I do not support the amendment. I have raised this matter in the House previously. A 1976 High Court decision decided that nursing home care came under the definition of medical care. As a result people received an entitlement that was not intended when medical cards were introduced. Likewise, this section states that having an identifier number does not...

Seanad: Adjournment Matters: Rare Diseases Strategy Implementation (11 Feb 2014)

Colm Burke: I thank the Minister of State.

Seanad: Adjournment Matters: Rare Diseases Strategy Implementation (11 Feb 2014)

Colm Burke: I apologise for being late. I was awaiting a reply to a question at the health committee. This issue is about the provision of a national office for rare diseases. Much work is being done in this area and I was asked to raise this issue in view of the fact that there would be a national conference in Belfast at the end of the month and that it would be helpful if we could have some idea...

Seanad: Adjournment Matters: Rare Diseases Strategy Implementation (11 Feb 2014)

Colm Burke: I thank the Minister of State for his comprehensive reply and apologise, again, for being late. I understand there are many demands on his Department; however, having worked with a number of the organisations, we should do everything possible to progress this matter. If the national plan was published, it would help. Is it possible for the Minister of State to give any guideline as to when...

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