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Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 113: In page 63, between lines 13 and 14, to insert the following: 84. (1) In this Part— "analysis" includes any operation used in determining the presence (if any) of a drug in a specimen of blood or urine, and cognate words shall be construed accordingly; "analysis body" means a person who, in the opinion of a railway undertaking concerned and the Commission, is...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No.114: In page 63, between lines 13 and 14, to insert the following: 85.—(1) This Part applies to a railway undertaking (other than a heritage railway) which operates railway infrastructure or operates trains on a railway infrastructure where such infrastructure is used, or intended to be used, wholly or partly for the carriage of members of the public or freight. (2) This...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No.115: In page 63, between lines 13 and 14, to insert the following: 86.—(1) It is the duty of a safety critical worker and is deemed to be a term of his or her contract of employment or contract of services (whether made before or after the passing of this Act) with a railway undertaking or with a person who has a contract of services with a railway undertaking— (a) not...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 116: In page 63, between lines 13 and 14, to insert the following: 87. (1) Subject to subsection (2), in order to fulfil its duty under section 86(2), a railway undertaking shall, in consultation with organisations which represent the staff of its undertaking— (a) draw up a code of conduct for safety critical workers to be observed by each of them while at work in...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 117: In page 63, between lines 13 and 14, to insert the following: 88.—(1) An authorised person may require a safety critical worker to provide a sample of blood or urine, in accordance with the sampling procedures of the railway undertaking concerned (a) where he or she is of the opinion, or on the request of an inspector who is of the opinion, that a safety critical...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 118: In page 63, between lines 13 and 14, to insert the following: 89. (1) Where an authorised person makes a complaint to the management of the railway undertaking which appointed him or her that (a) a safety critical worker has been convicted of an offence under Chapter 2 of Part 10, or (b) in his or her opinion, a safety critical worker has (i) failed to comply with...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 119: In page 63, between lines 13 and 14, to insert the following: 90. In any disciplinary hearing under section 89 or in any proceedings, a certificate, issued under section 88(5), purporting to be signed by a person employed or engaged in the analysis of samples provided under section 88(1) 2 at an analysis body, stating the capacity in which the person is so employed...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 124: In page 71, before line 1, to insert the following: PART 10 OFFENCES BY PERSONS WORKING ON RAILWAY INFRASTRUCTURE Chapter 1 Preliminary 91. This 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 different purposes or...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 125: In page 71, before line 1, to insert the following: 92.—(1) In this Part— "analysis" includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 126: In page 71, before line 1, to insert the following: 93. (1) A member of the Garda Síochána may enter railway property for the purposes of enforcing this Part. (2) A member of the Garda Síochána may request a railway undertaking to stop a train at a convenient and safe location for the purposes of this Part. (3) In exercising a power under subsection (2), a member...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 127: In page 71, before line 1, to insert the following: 94. (1) This section applies to a railway undertaking (other than a heritage railway) which operates railway infrastructure or operates trains on a railway infrastructure where such infrastructure is used, or intended to be used, wholly or partly for the carriage of members of the public or freight. (2) This section...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 128: In page 71, before line 1, to insert the following: Chapter 2 Intoxicants 95. (1) The Bureau shall perform the functions assigned to it by this Chapter. (2) In particular, and without prejudice to the generality of subsection (l), the Bureau shall arrange for (a) the receipt and analysis of specimens of blood and urine forwarded to the Bureau under this Part and the...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 129: In page 71, before line 1, to insert the following: 96. (1) A safety critical worker who performs a safety critical task, or who makes himself or herself available to perform such a task by attending at work, while being unfit, is guilty of an offence. (2) A safety critical worker who performs a safety critical task, or who makes himself or herself available to...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 130: In page 71, before line 1, to insert the following: 97. (1) Where an authorised person or a member of the Garda Síochána is of the opinion— (a) that a safety critical worker, who is performing a safety critical task or who has made himself or herself available to perform a safety critical task by attending at work, (i) has consumed intoxicating liquor, or (ii) is...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 131: In page 71, before line 1, to insert the following: 98. (1) A member of the Garda Síochána may arrest a safety critical worker without warrant if he or she has reasonable cause to suspect that worker is committing or has committed an offence under section 96 or 97. (2) For the purpose of arresting a safety critical worker under subsection (1), where a member of the...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 132: In page 71, before line 1, to insert the following: 99.(1) Where a safety critical worker is arrested under section 98, a member of the Garda Síochána may, at a Garda Síochána station, at his or her discretion, do either or both of the following: (a) require the worker to provide, by exhaling into anapparatus for determining the concentration of alcohol in the...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 133: In page 71, before line 1, to insert the following: 100. (1) Where a railway incident occurs in consequence of which a safety critical worker is injured, or claims or appears to have been injured, and is admitted to, or attends at, a hospital and a member of the Garda Síochána is of opinion that, at the time of the incident (a) the worker was working on the railway...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 134: In page 71, before line 1, to insert the following: 101. —Where a safety critical worker is at a Garda Síochána station having been arrested under section 98, section 16 of the Road Traffic Act 1994 applies and references in that section to subsection (1) of that Act are to be read as including references to this section.

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 135: In page 71, before line 1, to insert the following: 102. (1) Where, consequent on a requirement under section 99 of him or her, a safety critical worker provides 2 specimens of his or her breath and the apparatus referred to in that section determines the concentration of alcohol in each specimen, in case the apparatus determines that each specimen has (a) the same...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 136: In page 71, before line 1, to insert the following: 103. (1) Where under this Chapter a designated medical practitioner has taken a specimen of blood from a safety critical worker or has been provided by the worker with a specimen of his or her urine, the medical practitioner shall divide the specimen into 2 parts, place each part in a container which he or she shall...

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