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Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: My point is that it would not be appropriate for councillors to be directors of that company.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: It would lead to a position in which the accounts of that company would be laid before the local authority of which those directors were members. That is why.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I believe they do.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: Of course we can agree to disagree. It also is worth stating to the Senator that I set the policy in these areas. While I listen to what my officials say, ultimately it is my responsibility and it is a responsibility I take extremely seriously. Any comments in this regard always should be addressed to the Minister with whom the responsibility sits. I am making this decision-----

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: The Senator is addressing them to me. I am making this decision because I believe it is the right thing to do and I am standing by this Bill and the way in which it has been drafted. The reason I do is because there is a fundamental difference between a local authority member being a director in an organisation, which of course they are entitled to be, and being a director of an...

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: The potential conflict of interest to which I draw the Senator's attention is a scenario in which the financial accounts for a commercially-trading company are being laid before the local authority of which the director is a member. To my mind, this clearly is a potential conflict of interest, which is why I believe this is the correct approach to take. As the Senator will be aware, it is...

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: Death row is quite a bleak description for somebody who has been lauding the ability of ports to trade successfully, although the Senator acknowledges the challenges that some of these ports face. It is correct that they face challenges and I am very familiar with them. The Senator will not be surprised to hear that I disagree with him on the amendment. I also disagree with any suggestion...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I move amendment No. 1:In page 3, between lines 12 and 13, to insert the following:“(i) by substituting for the definition of “public transport infrastructure” the following: “ ‘public transport infrastructure’ means infrastructure constructed or provided, or proposed to be constructed or provided, in connection with the provision of public passenger...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I move amendment No. 2:In page 3, to delete line 21. This is a very simple amendment, to delete the word "and" between paragraphs (a) and (b) in section 1 of the Bill.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: Amendment No. 3 clarifies that the National Transport Authority is to engage in one statutory approval process for development in accordance with whatever legislation applies to the particular public transport infrastructure development concerned. This is to remove any anomaly that would leave the NTA subject to two different and parallel planning processes.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I move amendment No. 3:In page 4, to delete lines 30 and 31 and substitute the following:“ “(14) The carrying out by the Authority, on its behalf or at its direction of—(a) a proposed road development (within the meaning of the Roads Act 1993) that has been approved by An Bord Pleanála under section 51 (as amended by section 9 of the Roads Act 2007) of that Act, or...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I move amendment No. 4:In page 4, between lines 31 and 32, to insert the following:“(c) by inserting after section 56 the following:“Powers of Authority to make bye-laws for public passenger transport services (other than rail passenger services), enforcement etc. 56A. (1) Subject to subsection (8), bye-laws may be made by the Authority in relation to the performance by the...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I cannot accept the amendment. The Deputy tabled similar amendments during the passage of the Taxi Regulation Act 2013. In respect of the proposed dispensation for those convicted of offences covered by the terms of the Good Friday Agreement, it was pointed out at the time that it was not appropriate to specify such inclusion in the context of the proposed legislation. Section 10 of the...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I do understand the Deputy’s point, but I do not believe it would be appropriate or right to provide in the Bill for special treatment for a particular category of person who had been convicted. If there are grounds for special treatment or recognition, it is a matter for the courts to determine. Amendment No. 6 reads: In page 8, between lines 3 and 4, to insert the...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I move amendment No. 6:In page 8, between lines 3 and 4, to insert the following:“(k) in section 18—(i) in subsection (3), by substituting for paragraphs (a) and (b) the following: “(a) the name of the holder; (b) the address and any change of address of the holder;”,and (ii) in subsection (4), by substituting “including the name of the person” for...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I move amendment No. 7:In page 13, between lines 10 and 11, to insert the following:“Bye-laws - light railway5. Section 66 (inserted by section 134 of the Railway Safety Act 2005) of the Transport (Railway Infrastructure) Act 2001 is amended—(a) in subsection (4)—(i) by substituting for paragraph (a) the following:“(a) the National Roads Authority or the...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I move amendment No. 8:In page 13, to delete lines 14 and 15 and substitute the following:“(a) in subsection (2)(b)(ii), by inserting “a copy of the notice” before “served personally”, (b) in subsection (3), by substituting for paragraph (b) the following:“(b) the person may make to the relevant company or the Minister, as the case may be, at the...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: Yes. Under section 47 of the State Airports (Shannon Group) Act 2014, a driver of a vehicle is obliged to remove a vehicle which is parked at an airport in contravention of a provision of airport by-laws if he or she has been requested to do so by an authorised officer. Section 47(4) sets out that it is an offence not to comply with the request of the authorised officer. The purpose of...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I move amendment No. 9:In page 13, between lines 23 and 24, to insert the following:“Declaration - airport6. Section 27A (inserted by section 51 of the State Airports (Shannon Group) Act 2014) of the State Airports Act 2004 is amended in subsection (1) by inserting “or an offence under section 47(4) of the State Airports (Shannon Group) Act 2014 for a contravention of subsection...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Public Transport Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I move amendment No.10:In page 13, between lines 34 and 35, to insert the following:“COTIF to have force of law in State7. (1) In this section “Convention” means the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 appearing in the Annex to the Protocol of 3 June 1999 for the Modification of the Convention concerning International Carriage by...

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