Results 2,481-2,500 of 10,035 for speaker:Martin Cullen
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I move amendment No. 107: In page 57, between lines 7 and 8, to insert the following: "(5) In considering an appeal against an improvement notice, the Court shall take into account the general duties of railway undertakings and others under sections 36 and 37.". On Committee Stage there was considerable discussion of Deputy Naughten's amendments Nos. 63 and 65, which proposed that commercial...
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I move amendment No. 109: In page 59, between lines 2 and 3, to insert the following: "(6) In considering an appeal against a prohibition notice, the Court shall take into account the general duties of railway undertakings and others under sections 36 and 37.".
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I move amendment No. 110: In page 62, line 2, to delete "or" where it secondly occurs and substitute "of". This is a technical amendment to correct a drafting error.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I move amendment No. 111: In page 62, between lines 38 and 39, to insert the following: "(v) the nature and mix of expertise, skills and experience that is desirable in a candidate for appointment as a commissioner, and".
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I move amendment No. 112: In page 63, to delete lines 14 to 43, to delete pages 64 to 70 and substitute the following: "PART 9 INTOXICANTS AND PERSONS WORKING ON RAILWAY INFRASTRUCTURE 83.âThis Part comes into operation on such day or days as the Minister may appoint by order either generally or with reference to any particular purpose or provision and different days may be so appointed for...
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: The person must be a medical practitioner.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: The person could be in for the first time.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: The protocols regarding sampling would need to be agreed.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I appreciate the responses of the Deputies. Lest Members consider this to be specific to railway safety critical workers, the Safety, Health and Welfare at Work Act 2005 contained the same provisions that are being introduced today. This is happening across the system in all types of work. In general, Deputies appear to believe we have taken the concerns on board, notwithstanding whatever...
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: It has fallen apart in some countries. It was tried but failed. I will forward that information to the Deputy.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I apologise to the Deputy if I gave that impression because, notwithstanding the logic of the Deputy's response, that is not what I said.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: To avoid any misunderstanding, I was referring specifically to road users in general. There must be some form of proportionality applied. Some options have been suggested but I do not know if they are a good or a bad idea and I wonder how some of them would provide a solution. I do not wish to give the Deputy the impression that when I spoke about proportionality I was doing so in the comfort...
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: No. I was referring to the train drivers as an example of a good, solid reason. They are responsible for transporting 35 million people and the proportionality stands up in this case. With regard to individuals, such as car drivers, I am informed it is probably impossible to introduce random breath testing, with which we would all be in favour. From recollection, constitutionally it has not...
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I hope the Deputy can see that I am engaged with this issue and on which I have had many discussions. It would be worth discussing the legal advice with the committee but I will refer to the Office of the Attorney General on that matter.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I accept the point made by the Deputy. There is no question that any legislation will be challenged in the courts. The first person caught under the random breath testing will go to the courts immediately as is their right. I do not wish to introduce a measure which has no chance of success and will result in an undermining of the road safety strategy and possibly other things.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: Much of the advice is delivered orally in discussions of whether a method would be possible or be a success. The advice is given orally rather than the production of tomes of responses. I have put the principles involved clearly to the House in this debate this afternoon and I have done so in the past and provided examples. I will consider the point made by the Deputy but I will not go any...
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: It is a good point but I am not a lawyer.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I do not know the answer to that question. Given that there is random speed testing but not random breath testing, I suspect there are fundamental differences.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: I agree with the Deputy but it is so far, so good.
- Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)
Martin Cullen: That is the core issue.