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Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: This relates to consultation on the preparation and publication of guidelines and the various interests to be consulted. I suggest worker representatives should be consulted. I do not know why it is necessary to raise this. I would have thought it was standard practice to engage in consultation with the representatives of the organisation's workers. I propose that we amend the Bill accordingly.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: It will not necessarily work like that simply because the unions will have representatives on the council. If guidelines are to be introduced, it would seem to make sense that it should be standard practice to have some kind of consultation with the representatives of the workers involved.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: I know that. However, it does not necessarily mean that the people who are most affected by specific guidelines will be consulted on them. It is a form of arm's length consultation. I wonder why some kind of procedure has not been put in place to ensure that the workers who are most affected by the guidelines will be formally consulted, as is normal in most organisations.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: I do not intend to make an issue of this. I do not understand what the Minister means when he says the matters in question relate to "technical" issues, as opposed to "on the ground" issues. Technical issues need to be considered by people on the ground who are involved in the technical side of the work. We cannot be sure that the three representatives will have expertise of the technical...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: I move amendment No. 22: In page 26, line 44, to delete ", by leave of the court,". These three amendments seek to address the growing legislative trend to remove the right of appeal to the Supreme Court. The Bill provides that appeals will be allowed on the basis of questions of law but not on the basis of questions of fact. It provides that no appeal will be permissible unless it is...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: The Minister has agreed with my point that the introduction of provisions of this nature by the Government and its predecessor has become a trend in recent years. The intention behind such provisions is to limit people's rights under the law, a move for which there is no justification. The Minister has quoted a few examples of this form of provision but that does not provide a justification...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: The Minister is limiting those rights.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: Yes.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: There is a need for a wider debate on this matter because an important principle is at stake.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: I do not think a provision of this nature should be slipped in by the back door, as has been the case in recent legislation.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: I move amendment No. 31: In page 32, line 24, to delete ", by leave of the court,".

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: I move amendment No. 32: In page 35, line 8, to delete ", by leave of the court,".

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: I welcome the Minister's amendments which are in the spirit of the amendment I tabled originally. Why does he not use the term "trade union"? The word "organisation" seems strange. I welcome the fact this will be established as a right both in terms of trade union representation and legal advice in the case of an investigation. I will withdraw my amendment.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: I move amendment No. 1 to amendment No. 39: In subsection 1, line 9, after "shall" to insert "(unless he or she has reasonable excuse to the contrary)". Perhaps the Minister will respond.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Róisín Shortall: I move amendment No. 76: In page 47, line 2, after "disclose" to insert the following: "(other than by way of disclosure to his or her legal or technical advisers subject to an enforceable condition of confidentiality)." This amendment relates to the preparation of draft reports on an incident. There is a tight confidentiality provision in the section. Technically, it is so tight I believe it...

Written Answers — Decentralisation Programme: Decentralisation Programme (5 Oct 2005)

Róisín Shortall: Question 145: To ask the Minister for Finance if any estimate has been undertaken of the number of civil or public servants, who do not wish to relocate, who will be surplus to requirements as a result of their jobs being transferred to other locations under the Government's decentralisation programme; the jobs which will be provided for these persons; and if he will make a statement on the...

Order of Business. (6 Oct 2005)

Róisín Shortall: On promised legislation, I wish to ask about the long-standing promise to introduce random breath testing for motorists, which is a target in the current road safety strategy. Unfortunately there does not seem to be a reference to it in the programme for legislation. Will the Tánaiste outline the Government's intentions in this regard? Does it propose to introduce random breath testing? Why...

Order of Business. (6 Oct 2005)

Róisín Shortall: I asked the Tánaiste her intention in that regard. This has been recommended for umpteen years by everybody involved in road safety.

Order of Business. (6 Oct 2005)

Róisín Shortall: The Tánaiste has given a commitment to introduce legislation to provide for it. What does she now intend to do in respect of random breath testing?

Order of Business. (6 Oct 2005)

Róisín Shortall: I am asking the Tánaiste whether she intends to fulfil the promise she has made to introduce random breath testing.

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