Noel Dempsey (Meath West, Fianna Fail)

Section 47 (1) of the Roads Act 1993 sets out four types of road scheme which a roads authority can make: a motorway scheme, a busway scheme, a protected road scheme and a protected road scheme amending a protected road scheme approved under section 49. The word "may" is used where the Deputy wishes to delete it to reflect the fact that several types of scheme can be made. Were I to accept the Deputy's amendment it would render the provision inoperable because it would mean that all four schemes would have to be made in every case which would defeat the Deputy's purpose. In respect of all other subsections of section 47 the word "shall" is used in reference to the steps to be taken once the type of scheme has been decided. The legislation is detailed, prescriptive and specific which reflects the Deputy's intention. "Shall" cannot be inserted at the beginning, however, because the type of scheme must be decided first.

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