Olivia Mitchell (Dublin South, Fine Gael)
Link to this: Individually | In context

I move amendment No. 20:

In page 7, between lines 15 and 16, to insert the following:

5.—(1) On the establishment day, the Authority shall assume all responsibility for driver licensing, including, but not limited to—

(a) issuing and re-issuing of licences, including duplicate and replacement licences and requests for changes of address,

(b) imposition of endorsements and penalty points,

(c) revocation of licences, and

(d) shape, design, ergonomics and colour of licences.

(2) As soon as is practicable after the establishment day, the Authority shall move to introduce a physical driving licence format—

(a) that is practicable,

(b) that is more easily portable,

(c) that is in line with international best practice, and

(d) which retains driver information electronically.

(3) The Authority shall have jurisdiction to modify and/or vary restrictions on categories of licence holder, whether provisional or otherwise.

As the House discussed this amendment at length this morning in the context of electronic licences, I do not propose to discuss it in great detail. Its purpose is to provide that the national safety authority assume all responsibility for driver licensing, including such matters as the shape and design of driver licences. I am anxious to ensure the system is streamlined and a single body is given responsibility for driver licensing. It is ludicrous and one of the reasons for many of our road safety problems that this responsibility, like transport matters generally, is dispersed over many agencies. It is not good governance that local authorities and the Departments of the Environment, Heritage and Local Government, Transport and Justice, Equality and Law Reform have different roles in this area. The amendment proposes to streamline the system.

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

We already discussed this issue on which I do not disagree with the Deputy. As I explained, however, there are a range of reasons for the manner in which the vehicle file is used and the complexities involved. If we move to a new licensing regime, including the introduction of a smart card type licence, central distribution will be necessary. Should such circumstances arise, they may provide an opportunity to make the change proposed by the Deputy. The matter would, if necessary, be resolved in road traffic legislation rather than in this Bill. I agree it would be logical to vest this responsibility with the road safety authority.

Róisín Shortall (Dublin North West, Labour)
Link to this: Individually | In context

I move amendment No. 21:

In page 8, between lines 26 and 27, to insert the following:

"(2) It is a principal function of the Authority to devise a road safety strategy, set performance indicators for the implementation of such strategy and measure performance against such indicators.".

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

I move amendment No. 22:

In page 9, line 27, to delete "in" and substitute "in the".

The purpose of the amendment is to correct a grammatical error.

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

I move amendment No. 23:

In page 9, to delete lines 49 and 50.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
Link to this: Individually | In context

Amendments Nos. 25, 26 and 27 are related and may be discussed together.

Róisín Shortall (Dublin North West, Labour)
Link to this: Individually | In context

I move amendment No. 25:

In page 11, line 12, after "members" to insert the following:

"and the Minister shall ensure that not less than 40 per cent of the members shall be men and not less than 40 per cent shall be women".

During our discussion of this amendment on Committee Stage I asked the Minister to give legislative effect to a commitment to ensure gender balance on the boards of State agencies. Recent figures show a certain amount of slippage in this regard, particularly in transport where women are under-represented on the boards of departmental agencies. I reiterate my appeal to the Minister to give a clear commitment, rather than an aspiration, to ensure gender balance on the board of the new road safety authority.

With regard to amendment No. 27 on the appointment of board members, on Committee Stage I expressed concern about the long-standing practice by various Ministers of appointing their cronies to State boards. I indicated that while I had no difficulty with the appointment of individuals of the same political persuasion as Ministers, I was concerned that, too often, the cronies appointed have no expertise. I do not mind which party a person belongs to provided he or she has specific expertise to offer an organisation.

The Minister appeared to suggest that common sense would be required but the legislation does not stipulate that appointees must have relevant expertise. The amendment merely provides that the Minister specify the experience and competence of each board member on his or her appointment. This is not too much ask as it puts a brake on the practice of appointing constituency buddies and so forth. The amendment attempts to set a basic standard in requiring that the Minister specify, in two or three lines, the reasons an appointee is suitable for the position and what is his or her particular expertise, competence or experience in the relevant area. This is a reasonable proposal which will result in higher standards and more relevant expertise or experience on the part of members of State boards.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

I do not have a problem with the appointment of Mr. Gay Byrne. I do not know much about the man aside from seeing him on television. I was impressed with his comment that if the Government was not willing to listen, he would resign. These appointments should be advertised and people should be selected for the position on the basis of their credentials and in an open and transparent manner.

There have been difficulties with, and questions about, appointments that have been made over the years. People talk about cronyism on various boards. There was a problem, for example, when Michael Smurfit was appointed head of Telecom Éireann. His credentials were that he had made money in the private sector. However, a difficulty arose regarding the sale of a site in Ballsbridge and eventually he resigned from the body. That is an example of a person who holds a particular job being put to do another job and a conflict arises. In many cases we do not know if there is a conflict of interest for the people appointed to these positions.

This position was not advertised; the appointment was just made. Mr. Byrne spoke of his experience and his age. He started driving when he was 14 years old but I do not know what experience he has chairing meetings or if he has a knowledge of finance. I am aware he had difficulties with finance over the years. Does he know how to bring leadership to this area?

Giving Ministers the power to appoint people to high positions in a non-transparent manner is open to abuse. There have been instances where people who have been appointed to boards have not attended board meetings. They are cronies of various Ministers and nobody monitors their attendance and so forth. The process should be open and transparent. As far as possible, these appointments should be open to men and women. There should be gender balance. There might have been some changes in recent years but it has been a slow process.

Mr. Byrne also spoke about the state of the country's roads, bends, blackspots and so forth and said that investment should be made there. Mr. Byrne has potential. He is well connected with the media and so forth but if he does not get the necessary respect and investment, he will go the same route as Mr. Eddie Shaw. My amendment refers to appointees having proven experience rather than wide experience. The Minister will probably describe it as pedantic but there is a gap in the provision. The credentials of the appointees and the reasons for their selection should be made known to the public.

These are important positions. Issues such as health, safety and road safety are important to the public. The House has just concluded a different debate about young people dying on our roads. It is vital that the process of making these appointments is open and that the appointments have credibility. The way it is being done at present detracts from the candidates who are put forward, which is unfortunate.

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

With regard to amendment No. 25, under section 5.3 of Sustaining Progress, the Government has outlined its commitment to greater female representation on State boards. Gender balance on State boards will be reviewed with a view to establishing how best to secure a minimum of 40% representation on such boards. I support the Government's commitment to securing greater female representation on State boards and I suspect my track record in this regard is probably one of the best. My recent appointment of Professor Margaret O'Mahony is indicative of that. I try to appoint good people. While I do not like the idea that because one is a man or a woman one is entitled to something, I accept the view that appointments should be well balanced. It brings different perspectives to different issues and I have tried to achieve that. However, it would be inappropriate in the context of the legislative process to specify the gender composition of a board.

With regard to amendments Nos. 26 and 27, I am satisfied that the existing provision in the Bill, which specifies the experience and competence required for a member of the board, is sufficiently detailed and specific to ensure that only persons with the relevant experience or competence are appointed to the board, without the need to specify such requirements in further detail.

Róisín Shortall (Dublin North West, Labour)
Link to this: Individually | In context

My amendment was tabled prior to the appointment of Mr. Gay Byrne and does not imply a lack of confidence, lest the wrong impression was given. I have already said publicly that the choice was a good one by the Minister. His very high profile is exactly what the Road Safety Authority needs.

This amendment relates to members of the board generally. It is not an onerous requirement that in the appointment of the members — I understand the Minister is discussing suitable candidates with the chairman — the Minister should set out why he chose the people concerned. Members of the public who pay for these State agencies are entitled to that. We want good people appointed. We do not mind what constituency or party they are from but we want to know what competence and experience they have to qualify them for the important job they are being asked to do. I do not know why the Minister is running away from that or what difficulty there is with it. It is only good practice and should apply in the case of appointments to any State agency. Will the Minister reconsider?

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Mr. Byrne admitted at his first press conference that he had no expertise in this field. I wish him well in his new employment and I sincerely hope he is successful. While I tabled the amendment in the context of this Bill, all these appointments should be advertised, people should apply for the jobs and they should be selected on their merit, expertise and suitability for the appointment. That is not being done at present.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

I move amendment No. 26:

In page 11, lines 13 and 14, to delete "in the opinion of the Minister has wide" and substitute "has proven".

Róisín Shortall (Dublin North West, Labour)
Link to this: Individually | In context

I move amendment No. 27:

In page 11, line 14, after "competence" to insert the following:

"(which experience and competence shall be specified by the Minister in the case of each such person prior to the person's appointment)".

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

I move amendment No. 28:

In page 15, to delete lines 1 to 4.

This amendment was proposed by Deputy Shortall on Committee Stage and on further consideration I decided to accept it. The effect of the amendment is to remove the restriction on the chief executive officer commenting on or criticising Government policy while giving evidence to committees of the Dáil. We should all be big enough not to restrict people in that regard. I have no difficulty with that.

Róisín Shortall (Dublin North West, Labour)
Link to this: Individually | In context

I move amendment No. 29:

In page 19, between lines 29 and 30, to insert the following:

"(6) A record of a disclosure under this section or under section 22 or 23 shall be made available in a register which shall be opened to public inspection during office hours.".

This relates to disclosure of interests by members of the board of the RSA. I propose that a record of a disclosure under section 22 or 23 be made available in a register which would be open to the public for inspection during office hours. A spirit of openness and transparency should apply to office holders in this area. Given the likely composition of the board, it is important that no conflict of interest exist. Members are required to disclose any conflict of interest under existing legislation and a record should be kept of these disclosures and be open to the public for inspection.

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

Under section 26(5) the road safety authority will be designated under the Freedom of Information Act 1997. Section 6(1) of that Act provides for access to records. It states:

Subject to the provisions of this Act, every person has a right to and shall, on a request therefor, be offered access to any record held by a public body and the right so conferred is referred to in this Act as the right of access.

As access to information as envisaged in the amendment already exists, I ask the Deputy to withdraw her amendment.

Olivia Mitchell (Dublin South, Fine Gael)
Link to this: Individually | In context

I move amendment No. 30:

In page 23, between lines 9 and 10, to insert the following:

30.—(1) The Authority shall produce a 5 year road safety strategy statement, in consultation with the Minister, and having regard to national policy on road building and road safety detailing—

(a) action that the Authority intends to take,

(b) annual targets to be achieved,

(c) international comparisons, and

(d) recommended actions for other state agencies.

(2) Statements produced under subsection (1) shall, in the first instance, be sent to the Minister, and the Minister shall cause copies of such statements to be laid before each House of the Oireachtas within 1 month of their being made available to him or her.

Olivia Mitchell (Dublin South, Fine Gael)
Link to this: Individually | In context

I move amendment No. 31:

In page 23, between lines 9 and 10, to insert the following:

30.—(1) As soon as may be after the end of each calendar year, but not later than 3 months thereafter, the Authority shall make a review of road safety in the preceding calendar year, to include performance against the annual targets set for the Authority.

(2) The Authority shall make the review available to the Minister prior to publication and the Minister may, at his or her discretion, add comment and/or data to the Review, but may not subtract from it.

(3) The Minister shall cause copies of such road safety review to be laid before each House of the Oireachtas not later than 1 month after the Authority makes the review available to him or her under subsection (2).

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

I thank my colleagues for their support and for the great effort they put into the Bill. I hope I have gone some way to meeting the requirements expressed by amendments. We hope this Bill will be a substantive contribution to road safety.

I appreciate the interest shown by the Members and thank them for their warm encouragement to the chairman of the new road safety authority. He feels it is genuine and is well set to begin his work in the non-political way I wanted. I have no doubt he will do that. My experience in the short time I have interacted with him is that he brings tremendous professionalism and commitment to his work and shows determination to achieve results. I appreciate the comments from Members. I also thank my officials for their help and attention to detail in working on this Bill.

Olivia Mitchell (Dublin South, Fine Gael)
Link to this: Individually | In context

I thank the Minister for his courtesy during this debate. I also thank his staff for all their work in drafting the Bill. It was a long time in gestation and changed its manifestation during that period. We are united in hoping it achieves what it sets out to do. We often pass legislation in this House unconscious of its future impact, but we are all aware of the potential impact this Bill can have on saving lives and improving road safety generally. I hope that will be the outcome of our efforts.

Róisín Shortall (Dublin North West, Labour)
Link to this: Individually | In context

I thank the Minister and his officials for the work put into this legislation. The Bill provides the basis for an important new State agency we all welcome. I hope the legislation will be passed speedily in the Seanad and implemented quickly. We have got off to a good start with the appointment of a new chief executive in whom we all have confidence and with the inspired choice of chairman. I wish them and the staff well. I hope the new authority is up and running on a statutory basis as soon as possible.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

I wish the incoming staff of the new road safety authority well. During the week we reached a tragic milestone of 100 deaths on our roads. I hope this Bill will enhance safety on our roads. I wish all those involved in implementing the Bill luck. One can hope the work put into passing the legislation will enhance road safety and bring about a better environment with fewer deaths and tragic accidents.