23 March 2005
Dr. Henry: I support the amendments, as I did in the past. First, some Christian denominations believe that one should not swear an oath. Quakers, for example, believe it is wrong. Second, oaths are sworn far too easily. The most amazing evidence is given under oath, after which contradictory evidence is brought forward both in the courts and in tribunals. As a practising member of the Christian church, I hate to see any denigration of the Bible. I would prefer to include the word “affirmation” rather than “oath”.
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Dr. Henry: Are veterinary nurses allowed to take samples?
Mary Coughlan: There is no restriction in that regard.
Dr. Henry: Can anyone take a blood sample?
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Dr. Henry: The Minister is wise to introduce this amendment. It would be unfair on people who have practised for a long time not to have the chance to get the qualifications to register. Five years seems a reasonable length of time.
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Dr. Henry: This is an important amendment. The value of original documents is incredible and in some situations only an original document is accepted, but I do not believe an original should be displayed publically where it could quite easily be stolen. Perhaps one could display a copy, and the original could be seen on demand if necessary. Original copies are so valuable in this situation. Will the Minister consider this between now and Report Stage if this amendment is not accepted?
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Dr. Henry: Will the Minister take on board Senator Quinn’s remarks about having the original certificate on the premises and ready for inspection? Everything Senator McCarthy has said about the loss of original documents is correct. It is a nightmare to replace lost documentation.
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Dr. Henry: I move amendment No. 125:
In page 85, paragraph (b), line 16, to delete “veterinary”.
An authorised officer should be in a position to enter any premises about which he or she has concerns even if it is not a registered veterinary premises.
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Dr. Henry: I move amendment No. 126:
In page 85, subsection (1)(a)(i)(I), lines 28 and 29, to delete “by a registered person”.
This provision is very restrictive in that only the premises of registered practitioners can be inspected without a search warrant. Situations may arise in regard to a person who has been struck off, for example, or a veterinary nurse who is acting in the manner of a veterinary surgeon. It is wiser to give authorised officers the power to deal with such situations as they see fit. It is more likely problems will arise in regard to those cases I have mentioned than in the case of registered practitioners.
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Dr. Henry: Senator Quinn’s comments make a great deal of sense. The most law-abiding people will be in the most invidious position. They are the ones whose homes can be raided without a warrant, as the Senator stated, whereas court warrants will be required to inspect the premises of those who have set up fly-by-night establishments, for example, and who are not veterinarians at all. Perhaps the Minister will consider addressing this matter.
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Dr. Henry: I thank the Minister and her officials for the time and thought they have put into this Bill and for their careful examination of the amendments. It is gratifying to have a Minister come here and take what we say seriously. Sometimes, one gets the impression that a rubber stamp is all that is required of this House.
Mary Coughlan: I may end up here myself.
Dr. Henry: I am confident that when we have completed our deliberations in April, the Bill will have a seamless passage through the lower House.
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