Skip to content
Support Us

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Sam Boal/Photocall ireland

Attorney General says Dáil recall to debate transplant legislation is 'redundant'

Senator Mark Daly said that “this is the first time in the history of the State the government has published advice from the Attorney General”.

SENATOR MARK DALY’S plan to recall the Dáil for a debate on transplant legislation may not go ahead following a letter from the Chief Whip’s office to all Deputies that states such a move would be “redundant”.

The letter from Paul Kehoe on the advice of the Attorney General stated that it would be illegal to annul the legislation that Minister for Health James Reilly has already signed into law:

Regulations made under the European Communities Act 1972 may not be annulled unless the Joint Committee on European Affairs recommends to the Houses of the Oireachtas that such regulations be annulled.

The note seen by TheJournal.ie also added:

There is no recommendation of the Joint Committee in respect of Statutory Instrument No. 325 of 2012 – European Union (Quality and Safety of Human Organs Intended for Transplantation) Regulations 2012 – so any recall under section 4(2) of the 1972 is redundant. “

The Fianna Fáil Senator, who was nominated to the Seanad by the Irish Kidney Association, is outraged and told TheJournal.ie that “this is the first time in the history of the State the government has published advice from the Attorney General”.

“This is interference that has never happened previously,” added Daly. “It is clear that they are trying to stifle debate”.

Daly said that their legal advisors told them the Attorney General’s advice is “incorrect” and Daly is awaiting on more legal advice as to what their next move should be.

Seanad recall

Daly has already successfully recalled the Seanad on the transplant legislation and they will meet on August 20.

He said he needs 56 signatures to recall the Dáil and so far he has 36. Earlier today, Independent TD Shane Ross said he would “sign the letter for a Dáil recall on the issue of organ donations”:

The recalls are based on legalisation about the implementation of an ‘opt-out’ system for organ donation and the lack of a National Transplant Authority overseeing the operation.

Daly also raised concerns over the lack of organ nurses in every hospital. They implemented the scheme in Britain and it has already increased organ donation by 50 per cent over five years.

Daly says that the proposed system is seriously flawed, adding that James Reilly had added an EU directive into Irish law, months before the Oireachtas health committee had discussed a system of presumed consent.

Daly feels the legislation will solve little for the 650 people on transplant waiting lists.

“We tried to have the law debated prior to the Minister signing it and that didn’t happen.

“This is the first law in relation to organ donation in the history of the State and it doesn’t go far enough.The issue here is the 650 people who are on the transplant lists. They will not be helped by these laws. Our broken transplantation system will not be fixed.

Related: Seanad to be recalled to debate transplant legislation>

Read: Irish Kidney Association calls Government organ donation plans ‘a waste of time’>

More: James Reilly asks the public if organ donation should be ‘opt-out’>

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
15 Comments
    Install the app to use these features.
    Mute Aoife Caffrey
    Favourite Aoife Caffrey
    Report
    Oct 7th 2013, 6:36 AM

    What a nice way to start the week! Some good news…. finally!

    97
    Install the app to use these features.
    Mute Tom Neville
    Favourite Tom Neville
    Report
    Oct 7th 2013, 6:28 AM

    Actual good news. Expect trolls to start abuse…..now.

    81
    Install the app to use these features.
    Mute Tom Neville
    Favourite Tom Neville
    Report
    Oct 7th 2013, 9:31 PM

    40 red thumbs for good news. Nobody with the balls to say why. Not happy unless their miserable types probably need a ride.

    1
    Install the app to use these features.
    Mute Geraldine Lee
    Favourite Geraldine Lee
    Report
    Oct 7th 2013, 7:15 AM

    It’s all a lie getting people to do a weeks work for 20 euro extra on top of there dole does not mean that their working for a proper weeks wage. This tus is a government scam.

    62
    Install the app to use these features.
    Mute TouchyMcFeely
    Favourite TouchyMcFeely
    Report
    Oct 7th 2013, 6:40 AM

    And here come the begrudgers, no doubt. How sad it is that it is the default position of so many people on here to greet good news like this with cynicism and evident disappointment purely because it contradicts their “the end is nigh, blame the Government” narrative. Such a dark place to be.

    54
    Install the app to use these features.
    Mute marcoop
    Favourite marcoop
    Report
    Oct 7th 2013, 6:56 AM

    I think they chose a nice picture of Richard for the article, he looks pleased and content and has a nice round bow tie.

    41
    Install the app to use these features.
    Mute Dietrich Död
    Favourite Dietrich Död
    Report
    Oct 7th 2013, 8:15 AM

    One shouldn’t dare to have a critical mindset, lest one attract the dreaded label of ‘begrudger’. Sure if IBEC says there’s good news, it must be true.

    27
    See 2 more replies ▾
    Install the app to use these features.
    Mute Bill Butler
    Favourite Bill Butler
    Report
    Oct 7th 2013, 8:49 AM

    Dietrich you are spot on ,take anything this government or any of its institutions says with a pinch of salt you are being sucked in by deception they only have their own interests at heart ,the political classes.

    24
    Install the app to use these features.
    Mute Simon Barnes
    Favourite Simon Barnes
    Report
    Oct 7th 2013, 8:52 AM

    @Touchy.. I could possibly fit into the ‘begrudger” category you state, however to fight my corner I would usually be begrudging due to the fact the way the news is reported more than what it was trying to say. Usually its unemployment figures, however in this case they are actually showing employment figures on the rise, which is not just good news, but good new reporting, as its not trying to cloud the data with emigration, FAS courses and the like.
    You can hardly argue with the fact there are more people in employment, hence more tax revenue for the government and hopefully less paying out on Dole cheques.

    16
    Install the app to use these features.
    Mute Matt
    Favourite Matt
    Report
    Oct 7th 2013, 8:13 AM

    Drop the higher Vat rate to 20%. Scrap USC. Will create thousands of jobs in retail. Will kick start the local economy. Get Ireland moving again.

    53
    Install the app to use these features.
    Mute John Dobermann
    Favourite John Dobermann
    Report
    Oct 7th 2013, 9:01 AM

    Fully agree. Now is the time to take chances while there are signs of a recovery to help boost that recovery.

    22
    Install the app to use these features.
    Mute Matt
    Favourite Matt
    Report
    Oct 7th 2013, 9:36 AM

    Reduce VAT rate in construction/ building to 9%. 1 in 4 people on the dole are from the construction industry. A reductuon will help thousands get back to work.

    15
    See 2 more replies ▾
    Install the app to use these features.
    Mute Philip
    Favourite Philip
    Report
    Oct 7th 2013, 1:15 PM

    unless the reductions are passed onto customers it will have no effect, it will just mean business making more profit

    Its clear not all business passed on the last reduction in vat

    3
    Install the app to use these features.
    Mute Tom Neville
    Favourite Tom Neville
    Report
    Oct 8th 2013, 6:51 AM

    Agree 100% but to drop VAT we must drop public spending. Income tax also needs to drop.

    1
    Install the app to use these features.
    Mute Lorelei Steve Tracey Cleaning
    Favourite Lorelei Steve Tracey Cleaning
    Report
    Oct 7th 2013, 7:42 AM

    If they would only extract the CE, Jobsbridge, FAS courses, etc then we would havecactrue picture.
    Having said that looking back over past weeks there does seem to be jobs (proper ones) coming up.

    44
    Install the app to use these features.
    Mute Matt
    Favourite Matt
    Report
    Oct 7th 2013, 8:42 AM

    135,000 people are doing CE scheme, FAS courses and Jobsbridge.

    21
    Install the app to use these features.
    Mute Mark Galvin
    Favourite Mark Galvin
    Report
    Oct 7th 2013, 6:53 AM

    Ok Lads lets deflect attention from this bloody referendubbbb

    32
    Install the app to use these features.
    Mute Matthew Whelan
    Favourite Matthew Whelan
    Report
    Oct 7th 2013, 8:46 AM

    I concur with the comments about revealing the true figures. A lot of people I know that are long term unemployed have been pushed into education in September. While this is welcome, please give us a true unemployment figure. I reckon as many as 10,000 have been taken off job seekers and placed on education courses.

    18
    Install the app to use these features.
    Mute Fintan Yetti Crerand
    Favourite Fintan Yetti Crerand
    Report
    Oct 7th 2013, 7:50 AM

    Ah a lovely bit of ambiguity to start the week off

    15
    Install the app to use these features.
    Mute Kev O Sullivan
    Favourite Kev O Sullivan
    Report
    Oct 7th 2013, 9:10 AM

    34,000. How many full time jobs in that? How many off the dole. Emigration still soaring. Hardly positive when you look past the spin.

    14
    Install the app to use these features.
    Mute Dave Byrne
    Favourite Dave Byrne
    Report
    Oct 7th 2013, 8:46 AM

    Why is IBEC called the employers group and not a union which they are?

    10
    Install the app to use these features.
    Mute jom eade
    Favourite jom eade
    Report
    Oct 7th 2013, 9:39 AM

    Because that way they can espouse exploitation as ‘partners’ and not just as sh!thawks and vultures!!

    7
    Install the app to use these features.
    Mute Martin
    Favourite Martin
    Report
    Oct 7th 2013, 10:40 AM

    Job bridge isn’t a job

    7
    Install the app to use these features.
    Mute Tommy English
    Favourite Tommy English
    Report
    Oct 7th 2013, 3:40 PM

    That’s why they call it Job “Bridge” it’s a scheme for people to train and gain experience to later become employed. A lot of jobs today require that the applicant would have some experience working in that field, in some cases 2 years. It actually has been shown to be a success with over 60% of interns going on to find employment.

    1
    Install the app to use these features.
    Mute phunkyboy
    Favourite phunkyboy
    Report
    Oct 7th 2013, 10:01 AM

    Richard looks like a simpleton.

    5
    Install the app to use these features.
    Mute John Ward
    Favourite John Ward
    Report
    Oct 7th 2013, 9:48 AM

    Richard has a lovely smile, the dear boy!
    Whew, the spin has me feeling dizzy.

    5
    Install the app to use these features.
    Mute Joe Simpson
    Favourite Joe Simpson
    Report
    Oct 7th 2013, 10:26 PM

    That vat thing cost hundreds of millions in taxes each year , lets face it the low wage, part time seasonal jobs that where created where down to increased tourist numbers not a reduction in vat rate that was almost immediately pocketed by employers. Even noonan implied it wasn’t worth it(cost>benefit)

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds