Written answers

Thursday, 18 December 2014

Department of Agriculture, Food and the Marine

Bord na gCon Remit

Photo of Clare DalyClare Daly (Dublin North, United Left)
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24. To ask the Minister for Agriculture, Food and the Marine in view of the fact that the normal practice in sports is to make public all doping tests, both positive and negative, and to disqualify those who test positive as it provides them with an unfair advantage, the reason this is currently not the standard practice in the Irish dog-racing industry; if new legislation to implement these rules is currently being formulated; and if he will make a statement on the matter. [48395/14]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Bord na gCon has statutory responsibility under the Greyhound Industry Acts 1958 &1993 for the control, development and improvement of the greyhound racing industry.

Bord na gCon refers positive tests for prohibited substances to the independent Control Committee for adjudication. The findings of the Control Committee can be appealed to the Control Appeals Committee. These are statutory committees established under the Greyhound Industry Acts, specifically under the Greyhound Industry (Control Committee and Control Appeals Committee) Regulations 2007 (SI Number 301 of 2001).

Under current regulations relating to due process, detailed findings can be published only after consideration at the Control Committee or, in the event of an appeal, at the Control Appeals Committee. Article 8(6) of the Greyhound Industry (Control Committee and Control Appeals Committee) Regulations 2007 (S.I. No. 301 of 2007) provides that the Control Committee shall publish its findings in all decisions in a manner it deems fit, and that and such publication may be delayed subject to appeal procedures.

The decisions of these committees are published after due process has been exhausted. Where there are positive findings, the sanctions are wide ranging and include fines, forfeiture of prize money, testing orders, orders for costs of any investigations and hearings and orders for disqualification and exclusion of a specified person under the 1958 Greyhound Industry Act.

Bord na gCon has confirmed to me that it is currently involved in a public consultation process with stakeholders with a view to putting in place legislation which will enable the publication of details of all adverse findings after positive results have been returned by the laboratory and prior to consideration of such cases by the Control Committee. It is envisaged that the information to be published will include the identity of the greyhounds involved and the owners and trainers.

I am informed that Bord na gCon has recently, in a move towards greater transparency, confirmed a finding of positive results after the analytical phase and prior to the hearing at the Control Committee.  The complete details in relation to the owners and the greyhounds will be available when the Control Committee, and the Appeals Committee if appropriate, has concluded its deliberations in relation to findings which are upheld.

I accept that doping results should be published as soon as possible. In that regard, Bord na gCon has recently introduced new administrative procedures which have the effect of bringing cases before the Control Committee in a shorter period of time than was previously the case.

In addition, Bord na gCon has committed to introducing targeted, evidence based, intelligence led testing for prohibited substances in the future. Bord na gCon is also examining what it can do to strengthen its drug surveillance services and its processes and procedures in the short term so as to achieve maximum effectiveness and efficiency.

To this end, Bord na gCon has launched a review into anti-doping and medication control under the direction of an international expert in this area. Following the Review, Bord na gCon will consider amendments to legislation, modify practices and policies as appropriate, assess whether any improvements can be made to the current structures that are in place. The objective is to ensure that Bord na gCon will conform with the best international practices. I anticipate that this report will include recommendations which will improve transparency.

The Indecon Report into certain matters in relation to Bord na gCon which I published in July 2014 contained a number of recommendations to enhance regulatory and integrity aspects. Bord na gCon has undertaken to implement these recommendations and submitted an action plan to me in October 2014, encompassing a timescale in which various matters concerned with enhancing regulatory aspects will be addressed.

In addition officials in my Department are working closely with Bord na gCon with a view to identifying any legislative changes required to underpin a robust and transparent system of regulation.

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