Andrew Doyle (Wicklow, Fine Gael) | Oireachtas source

Amendments Nos. 8a, 8c and 8e are to correct errors of a typographical or technical nature in particular. Amendment 8e corrects the original wording which suggested that the control committee had discretion in deciding the period during which a greyhound may not race following an adverse analytical finding and subsequent clear test. In fact, the period is decided by the board based on the recommendations of the scientific advisory committee for a particular substance type. The restriction on racing applies automatically following an adverse analytical finding and subsequent clear test where the substance is deemed still to have a residual performance effect.

On Senator Ó Domhnaill's amendment No. 8b on zero tolerance for class A drugs, studies show that it is an unfortunate feature of modern society that drugs are now considered an environmental contaminant. The sensitivity of testing is such that were a sample to be taken from a banknote in our pockets, we would all fail to meet the zero tolerance limit being advocated by the Senator. An academic study carried out at Dublin City University found that every banknote tested was contaminated by traces of cocaine.

Environmental contamination of dogs can occur unintentionally and will be detected. Modern analytical equipment has the ability to reach ever lower levels of detection which is currently in the trillionth of a gram. At these levels, metabolites are considered irrelevant to the dog's performance by sports regulatory bodies. In recognition of the fact that humans can also be unintentionally contaminated, the tolerance for driving a car in Ireland is currently set at 10 mg/ml for cocaine in blood plasma and its metabolite is 15 mg/ml. In these circumstances it would not be best practice to accept this amendment.

On amendment No. 8d on the mandatory four-month disqualification period following the detection of a class A drug, the Bill already disqualifies a dog from racing until it passes a negative test and allows the board to set down further periods, based on the recommendations of the scientific advisory committee, where a greyhound may not race as it is deemed still to be affected by the residual performance effect following the negative test. This is a fair and balanced approach, based on scientific advice.

Additionally, the Bill establishes a statutorily independent sanctioning regime through the establishment of the independent control committee in primary legislation, the expansion of the appeals committee role and the introduction of the District Court into the process. It places a strong emphasis on fair procedures in the conduct of investigation by the board regarding possible breaches of racing regulations and the conduct of hearings by the control committee in suspected breaches.

To act outside of this regime by dispensing with due process would not be appropriate. The Bill sets down administrative sanctions that may be applied by the independent control committee and the appeal committee, with disqualification orders now being issued by these committees rather than the board. The proposed amendment to set down a mandatory disqualification period with no scientific basis in primary legislation would not reflect best practice.