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"speaker_name": "Hon. (Prof.) Nyikal",
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"legal_name": "James Nyikal",
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"content": "Thank you, Hon. Temporary Deputy Speaker for giving me this opportunity. I rise to support this Bill because it is our international obligation as members of the World Sporting Association. I hope one day we shall not turn around if anything goes wrong and say that we do not want to belong to that organisation. The other reason I support this Bill is that as we look into protecting our athletes from cheating, the most important aspect is looking at their health. As the Chair of the Committee indicated, there is a great danger because these substances other than enhancing performance have health risks. He was struggling with the issue erythropoietin. Erythropoietin enhances production of cells that carry oxygen and when that happens, the blood gets thicker and if it clots and gets to the lungs, it leads to death. If it goes to the head, it leads to stroke. It is also important to understand that the same substance is found in high amounts in those who live in mountainous areas. In our country, those who perform well naturally have higher amount of such substance because their bodies produce it to respond to the less oxygen up there. So, they need it. It is also important to know that sometimes athletes may be accused wrongly if we are not careful. Steroids that build body mass that one would worry about, in the case of women, they get masculine features because they are metabolising the body to bring that. In the case of men, they are metabolised to bring substances that feminise them. Most of these things are used for treatment therapeutically. Therefore, it is important to know what time the athlete is tested. He may have been treated and the substance is still there. These substances such as steroids are used in treatment. A simple drug which is used in common cold may be a prohibited substance depending on the level. This is an extremely important area. Therefore, it is important for us to have a law that looks at all these areas like detecting and deterring the abuse. When you say these are prohibited substances, the other side of the coin is that, for therapeutic purposes, they are allowed. We have a committee for that and it is extremely important. This Bill establishes an important agency. If you look at the functions of the agency, they are very important. There is the World Anti-Doping Laboratories and it is important that the laboratories are world accredited. That is the only way you can protect athletes from being wrongfully accused. These laboratories have standards and can detect whether the drug may have been used therapeutically a little earlier. The Bill in Clause 7(g) talks about undertake, co-ordinates or arrange research all over the world. These substances exist in the body and the levels are different. If these agencies can perform research, we can have local levels so that we can know that if you live in the Rift Valley, your erythropoietin level is likely to be this much. Those are the extremely important areas that we have to look at. The World Anti-Doping Code in Clause 9 is probably desirable though it looks like it gives so much power that they shall not require the consent and authority of any person to commence any investigation or impose any administrative sanction. That is useful, but it can also be abused. We probably have to look at how to get amendments that can help in such areas. Again, Paragraph (b) provides that they should not be under the direction or control of any person or authority in the exercise of their powers under this Act or any other written law. This will be necessary but, at least, if you are ambushed and told that you are now being tested and nobody asks you whether you have had treatment or whether you have been sick, it is important to know that. I am a bit worried about the membership of the board of the agency. Why should we insist that a person shall qualify to be appointed as a member of that board if he holds a degree The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}