Results 14,781-14,800 of 16,537 for speaker:Brian Lenihan Jnr

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: All diagnosis is based on the concept of testing. All diagnosis involves the application of some objective test to——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: It involves the examination of the symptoms and the application of tests on the patient showing the symptoms. In this legislation the Minister has prescribed a test, one which is internationally accepted. It is a test which has not caused dispute in other jurisdictions.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: The Minister has agreed to table further amendments to permit the application of other tests in case there would be concern——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: Clinical diagnosis is based on the application of a test and this is the point——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: Yes, but all clinical diagnosis has to rely on a test. It cannot be just plucked out of the air on the basis of the history——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: ——or the symptoms of a particular patient.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: The Deputy is not allowed to allege that in the House. I am trying to address the legislation to the best of my ability. I do not pretend to be perfect in this matter but I do not accept that I am not telling the truth. I am trying to explain to the House——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: ——that the application of an objective standard is necessarily an inherent element of any form of clinical diagnosis in this context and the Tánaiste and Minister for Health and Children is legislating for that. She has indicated, because of the concerns that have been raised, that she is prepared to examine the possibility of recognising, in legislative form, other tests. She will bring...

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: All the Minister is doing is providing that the specialist opinion must have——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: All she is doing is providing that the specialist opinion must have a foundation in a reputable scientific test. How can the Minister and the Government——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: Specialists differ. Anyone who is familiar with the operation of the courts will testify to that, as will anyone giving an account of the treatment of his or her own condition.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: It is not only decent, straightforward general practitioners, like the Fine Gael spokesperson on health who differ, but also specialists of great eminence, repute and qualifications.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: All the Minister is providing for here is a series of recognised scientific tests. Why this should create so much hot air on the Opposition benches eludes me.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: The Tánaiste is prepared to incorporate into an amendment a recognition of other tests, with the possibility of scientific evolution in the recognition of tests.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: I also wish to deal with the question of consortium. It is a highly technical issue.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: One key point about consortium is that the victim ——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: I know exactly the society to whom it refers. We all know what consortium refers to but in its legal aspect it is somewhat technical because the claim does not belong to the victim. It is not a claim of the victim but one which has always existed for the partner or the spouse of a victim who has been deprived of that consortium.

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: I regret to advise Deputy Enright that the Minister remains unpersuaded. The Minister maintains that these amendments are not necessary because section 21D provides that a governing body must prepare a statement of the institute's policies on access to education by economically or socially disadvantaged people, people with disabilities and people who are significantly under-represented in the...

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: First, the prohibition on the director questioning or expressing an opinion on the merits of Government or ministerial policy is limited to the circumstances of giving evidence to the Committee of Public Accounts. That constraint does not apply in any other forum. Therefore, the director can leave the Committee of Public Accounts and make a statement criticising Government policy ten minutes...

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: Deputy Enright obviously participates in discussions by her party's Front Bench on many issues. I have noted the use to which her party has applied the Committee of Public Accounts in recent months. The job of the committee is not to interrogate public policy but to check State accounts. This is not an accidental matter referred to in Standing Orders but a fundamental practice in Departments....