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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.

Seanad: Order of Business (17 Jul 2012)

Brian Ó Domhnaill: Tá siad ar buile. Seafóid atá ann. I have a question for the Leader. I propose an amendment to the Order of Business requesting the Minister of State at the Department of Arts, Heritage and the Gaeltacht to come to the House today. The Leader may accede to the request given the seriousness of the matter and the attack on freedom of speech. If one were in China, one might be able to...

Seanad: Order of Business (17 Jul 2012)

Brian Ó Domhnaill: I propose an amendment to the Order of Business, namely, that the Minister of State at the Department of Arts, Heritage and the Gaeltacht come to the House to give a crystal-clear explanation as to who instructed the official who wrote the letter and why the letter and the gentleman's name were written in English rather than Irish.

Seanad: Order of Business (17 Jul 2012)

Brian Ó Domhnaill: Hear, hear.

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

Brian Ó Domhnaill: I move amendment No. 46: In page 34, subsection (1)(a), line 45, to delete "reasonable grounds" and substitute "evidence". Both of these amendments relate to an issue we discussed at length previously when the Bill was before the House. It relates to substituting "reasonable grounds" with "evidence" so that any suspicion would be evidence-based rather than based on reasonable grounds. The...

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

Brian Ó Domhnaill: I wish to speak on 41(2)(b) which was discussed previously. It relates to the animal health and welfare notice that is served on people whereby an individual can make an appeal upon receiving a notice under section 41(2)(b)-----

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: 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: 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: 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...

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