Results 2,521-2,540 of 10,035 for speaker:Martin Cullen

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

Martin Cullen: I move amendment No. 137: In page 71, before line 1, to insert the following: 104. (1) As soon as practicable after it has received a specimen forwarded to it under section 103, the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be appropriate) the presence of a drug or drugs in the specimen. (2) Where the Bureau receives 2 specimens of blood so...

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

Martin Cullen: I move amendment No. 138: In page 71, before line 1, to insert the following: 105. (1) A safety critical worker shall not take or attempt to take any action (including consumption of alcohol but excluding a refusal or failure to comply with a requirement under section 99) with the intention of frustrating a prosecution under section 96. (2) A person who contravenes subsection (1) is guilty of...

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

Martin Cullen: I move amendment No. 139: In page 71, before line 1, to insert the following: 106. (1) A duly completed statement purporting to have been supplied under section 102(2) is, until the contrary is shown, sufficient evidence in any proceedings under this Chapter, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall,...

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

Martin Cullen: I move amendment No. 140: In page 71, before line 1, to insert the following: 107.(1) In a prosecution of a safety critical worker for an offence under section 99 for refusing or failing to comply with a requirement to provide 2 specimens of his or her breath, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or...

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

Martin Cullen: I move amendment No. 141: In page 71, before line 1, to insert the following: 108. A person guilty of an offence under this Chapter (other than section 102(4)) is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both.

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

Martin Cullen: I move amendment No. 142: In page 71, before line 1, to insert the following: Chapter 3 Carelessly or dangerously working or working while unfit, on railway 109. (1) A safety critical worker shall not perform a safety critical task on railway property or in a public place without taking due care and attention. (2) A person who contravenes subsection (1) is guilty of an offence and is liable...

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

Martin Cullen: I move amendment No. 143: In page 71, before line 1, to insert the following: 110. (1) A safety critical worker shall not perform a safety critical task in a manner which, having regard to all the circumstances of the case, is dangerous to the safety of persons or poses an unreasonable risk of harm to persons. (2) A person, being a supervisor, manager, director or secretary of a railway...

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

Martin Cullen: I move amendment No. 144: In page 71, before line 1, to insert the following: 111.—(1) A railway undertaking may require a safety critical worker to undergo an assessment by a medical practitioner, nominated by the undertaking, of his or her fitness to perform a safety critical task and such person shall co-operate with such medical assessment. (2) Railway undertakings shall ensure that...

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

Martin Cullen: I am sorry that we missed this earlier because I am favourably disposed to Deputy Shortall's suggestion. I would like to consult with the Office of the Parliamentary Counsel before tabling a suitable amendment for Seanad Éireann. I am in agreement in principle, but I must ensure that the wording is correct. In fact, Deputy Shortall's second amendment to the amendment deals with consultation...

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

Martin Cullen: I will have to revert to the Parliamentary Counsel.

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

Martin Cullen: I am happy to accept this amendment.

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

Martin Cullen: I move amendment No. 145: In page 71, line 52, to delete €100,000 and substitute €500,000. I propose to increase the penalty in section 92 for indictable offences relating to road authorities and others who endanger railway safety through failure to maintain works on a public road in the vicinity of a railway structure. I propose to increase this penalty from €100,000 to €500,000 as a...

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

Martin Cullen: A tunnel is a public road.

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

Martin Cullen: Not that I am aware of. As the Deputy raised the point, I will look at it before going to the Seanad to see if there is a tighter or more specific definition. It is interpreted in terms of road use. It is a reasonable point.

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

Martin Cullen: I move amendment No. 146: In page 73, line 26, to delete "Parts 10 or 11" and substitute "Part 12". This is a technical amendment to correct a drafting error caused by the withdrawal on Committee Stage of a proposed amendment to insert a new Part 10 in the Bill providing for offences by persons working on a railway.

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

Martin Cullen: I move amendment No. 147. In page 73, between lines 30 and 31, to insert the following: "(2) The Commission shall be entitled— (a) to view and take copies of any record or other evidence gathered or obtained by the Investigation Unit during the course of its investigation of a railway incident under section 57, and (b) subject to section 57(17) to submit as evidence in...

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

Martin Cullen: I move amendment No. 149: In page 76, between lines 27 and 28, to insert the following: "105.—The Transport Act 1950 is amended— (a) in section 20(1), by inserting after paragraph (b) the following: '(bb) the provision of parking facilities for vehicles on land belonging to or occupied by the Board, including fees for failure to comply with bye-laws made under section 22 (1)(ee),', (b) in...

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

Martin Cullen: I move amendment No. 150: In page 76, between lines 27 and 28, to insert the following: "106.—The following section is inserted after section 22 of the Transport Act 1950: "22A.—(1) If an authorised officer reasonably suspects that a person— (a) is contravening or has contravened or is failing or has failed to comply with a provision of bye-laws made under section 22 of this Act which...

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

Martin Cullen: I move amendment No. 151: In page 76, after line 36, to insert the following: "PART 14 Miscellaneous 106.—(1) Every passenger of a railway undertaking shall, on request by an officer or employee of a railway undertaking, produce, and if so requested, deliver up to the officer or employee a ticket showing that his or her fare is paid and, if the fare has not been paid, shall upon request—...

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

Martin Cullen: I move amendment No. 152: In page 76, after line 36, to insert the following: "107.—(1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 22(4), 22A(2) or 59(1) of the Transport Act 1950, section 25(1) of the Transport (Miscellaneous Provisions) Act 1971, or section 96 or 1061, he or she may serve the...