Dáil debates

Wednesday, 13 June 2018

Road Traffic (Amendment) Bill 2017: Report Stage (Resumed)

 

Bill recommitted in respect of amendments Nos. 4 to 21, inclusive, and amendment No. 28.

6:10 pm

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move amendment No. 9:

In page 3, line 15, to delete “(b) in” and substitute the following:“ (ii) in”.

Amendment put.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

6:15 pm

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move amendment No. 10:

In page 3, line 19, to delete (c) by and substitute the following:"(iii) by".

Amendment put.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Amendment No. 11 was discussed with amendment No. 4 so Deputy Fitzmaurice may move it but there can be no debate.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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I do not agree that the amendment has been already discussed.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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The Deputy may not agree but-----

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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I have tabled only one amendment to this Bill and I think it only fair that I be allowed to explain the reason for the amendment and that the Minister would give his reasoning for agreeing or not agreeing with it.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Let me explain.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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We are shutting down democracy in terms of what is being done.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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It may well be. We had this debate last night.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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I have spoken only once on this Bill.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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I ask the Deputy to respect the Chair when the Chair is standing.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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I do respect the Chair. For a person who does not get the opportunity of speaking too often------

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Deputy Fitzmaurice has had ample opportunities to speak-----

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Deputy Fitzmaurice, I have been in this House a long time. I am implementing the Standing Orders.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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-----it is disgusting that I am being shut down in terms of discussing amendments.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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I will have to deal with Deputy Fitzmaurice.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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We should be allowed to represent the people we are supposed to be representing.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Deputy Fitzmaurice, please.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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Will the Leas-Cheann Comhairle allow me to speak to the amendment?

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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The Chair is standing and when the Chair is standing no other Member should be. Let me explain. Whether or not Deputy Fitzmaurice likes it the position is that his amendment was already discussed with amendment No. 4. Time may be a factor but all I can do is implement the Standing Orders of this House.

Deputies:

Hear, hear.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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There can be no debate. The Deputy may only move his amendment.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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I am listening to the Chair. I do not agree that I have already spoken to my amendment. What I was asked to speak on was the recommittal of the Bill.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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No, this is not a recommittal.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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I move amendment No. 11.

In page 3, between lines 19 and 20, to insert the following:"(d) in subsection (7) by the insertion of the following:
"(aa) a fine of €500 for the first offence and there shall be no disqualification for the first offence, or",".

Amendment put.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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As fewer than ten Members have risen I declare the question lost. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared lost.

6:20 pm

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move amendment No. 12:

In page 3, line 20, to delete "(d) in" and substitute the following:"(iv) in".

Amendment put.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move amendment No. 13:

In page 3, line 21, to delete "(i) by" and substitute the following:"(I) by".

Amendment put.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dail.

Amendment declared carried.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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We will move to amendment No. 14 and I remind Deputies that there is no debate. I call on Deputy Mattie McGrath or Deputy Michael Healy-Rae to move it.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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I move amendment No. 14:

In page 3, lines 25 to 27, to delete all words from and including "be" in line 25 down to and including "subsection (15)" in line 27 and substitute "incur 4 penalty points".

Could I just say on this if I will be allowed-----

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Whether it is Deputy McGrath or Deputy Healy-Rae the rules are the same.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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Yes but it is a very fair point. It is just-----

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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It might be.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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I consider this is something the Minister should seriously consider-----

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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I have told Deputy Healy-Rae we are not having a debate.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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-----as a reasonable response to what he is proposing.

6:25 pm

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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I have asked the Deputy to move the amendment. I will have to move on if he does not. Is he pressing amendment No. 14?

Amendment put.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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As fewer than ten Members have risen I declare the question defeated. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared lost.

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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I move amendment No. 15:

In page 3, lines 25 to 27, to delete all words from and including “be” in line 25 down to and including “(15)” in line 27 and substitute “incur 3 penalty points and an obligation to undertake

10 driving lessons with a qualified instructor”.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Amendment No. 15 was discussed with amendment No. 4.

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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Can I comment?

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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The Deputy cannot say anything. We have had the discussion and we cannot start it again.

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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We never heard from the Minister.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Deputy Danny Healy-Rae is not going to hear from him now. I am sorry, the debate is over. We have had the debate and we must proceed in accordance with proper procedure. That applies to all legislation and all amendments, no matter where they come from. Is the Deputy moving the amendment?

Amendment put.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Danny Healy-Rae, Michael Healy-Rae, Mattie McGrath and Michael Fitzmaurice rose.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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As fewer than ten Members have risen I declare the question defeated. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared lost.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Amendment No. 16 has been discussed with amendment No. 4. Is the Minister moving amendment No. 16?

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move amendment No. 16:

In page 3, line 29, to delete “(ii) in” and substitute the following:

“(II) in”.

Amendment put.

6:30 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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I move amendment No. 17:

In page 3, to delete lines 31 and 32, and in page 4, to delete lines 1 to 14.

Amendment put.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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As fewer than ten Members have risen I declare the amendment defeated. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared lost.

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move amendment No. 18:

In page 3, line 31, to delete “(e) in” and substitute the following:

“(v) in”.

Amendment put.

8 o’clock

Votáil.

6:35 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae, and Mattie McGrath rose.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move amendment No. 19:

In page 4, line 6, to delete “(f) in” and substitute the following:“(vi) in”.

Amendment put.

Deputies:

Votáil.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move amendment No. 20:

In page 4, line 10, to delete “(g) by” and substitute the following:“(vii) by”.

Amendment put.

Vótáil.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

6:40 pm

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move amendment No. 21:

In page 4, between lines 14 and 15, to insert the following:"(2) Notwithstanding the amendment by subsection (1)(c) of section 29 of the Road Traffic Act 2010, that section shall apply as if it had not been so amended in respect of an offence committed before the commencement of subsection (1)(c).".

Amendment put.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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Vótáil.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae, and Mattie McGrath rose.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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As fewer than ten Members have risen I declare the question carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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The Minister must now recommit the Bill.

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move:

That the Bill be recommitted in respect of amendment No. 22.

Question put and agreed to.

Bill recommitted in respect of amendment No. 22.

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I move amendment No. 22:

In page 4, between lines 23 and 24, to insert the following:"Amendment of section 41 of Road Traffic Act 1994
3.Section 41 of the Road Traffic Act 1994 is amended in subsection (1)(a)—
(a) in subparagraph (ii), by the deletion of "or",

(b) in subparagraph (iii), by the substitution of "permit, or" for "permit,", and

(c) by the insertion of the following subparagraph after subparagraph (iii):
"(iv) is, in the opinion of a member of the Garda Síochána, the holder of a learner permit and is, in the opinion of that member, not driving in accordance with clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006).".".

I propose to extend the operation of section 41 of the Road Traffic Act 1994 so the Garda Síochána can detain vehicles driven by unaccompanied learner drivers. Deputy Fitzmaurice proposes to weaken my amendment by stating section 41 will not apply in these cases if a person has applied for a driving test in the previous six weeks and has not yet received a test date.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Ceann Comhairle; Kildare South, Ceann Comhairle)
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I ask the Minister to propose the adjournment of the debate, and we will return to this matter having considered the Parental Leave (Amendment) Bill. I also want to say to Deputies that the filibuster is a legitimate parliamentary tactic, however Members should think as to whether it is always the most appropriate tactic to use and whether its use always represents the best use of parliamentary time.

Deputies:

Hear, hear.

Debate adjourned.