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Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Paddy Burke: Amendment No. 87 tabled by the Labour Party has also been tabled by the Minister. Government amendment No. 87: In page 38, subsection (4)(a)(x), line 11, to delete "necessary for" and substitute "relevant to".

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Paddy Burke: Amendment No. 92 is an alternative to amendment No. 91 and the amendments will be discussed together.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Paddy Burke: There is an ombudsman for the Defence Forces. Senator Leyden mentioned earlier that a spouse of a member of the Garda Síochána could make a complaint on his or her behalf. It would appear farcical that a spouse can make a complaint when a member of the force could not. That might well be worth looking at in the context of the further legislation the Minister said is being contemplated. It...

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: Will the Minister of State clarify the position in respect of the term "local road"? The term "national road" probably means national primary and secondary roads, while the term "motorway" is self-explanatory. Some years ago, however, the law was changed for the classification of roads and there were primary roads, local primary roads, local roads and local tertiary roads. For the Bill to...

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: We have all seen people driving with a telephone to their ear and it definitely leads to careless driving. I cannot understand what happened last time and I thought the Minister would have included it in this Bill. I do not know if there are statistics to back this up but it must contribute to many accidents.

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: I welcome what the Minister of State has said. We should have more ghost islands on our two-lane national routes. I presume the greatest problem is that there are too many exits off our national routes. We now realise these are causing problems. A number of these exits require ghost islands to allow a car turning in a particular direction to turn safely into a lane provided to allow the car...

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: This section allows the county manager, as well as allowing a reserved function of the members of the council, to make speed limits temporary. Does it allow the manager to make temporary speed limits on national routes as well as county roads? In making a temporary speed limit the manager must consult the Garda Commissioner. What is the position in regard to emergency situations where, for...

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: Does the Garda Commissioner have power to impose a temporary speed limit?

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: A national primary route, the N4, from Dublin towards Kinnegad has several different speed limits. They range from 30 mph, 40 mph, 50 mph to 60 mph and 70 mph, and change up and down. Under the provisions of this section of the Bill, local authorities must meet to pass by-laws to change speed limits on a national primary route or motorway. I am not sure which is the correct term. The Minister...

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: Some of the signs along the N4 vary from 30 mph to 40 mph to 50 mph. The normal motorway speed limit does not apply. The limit fluctuates. Under this legislation, only local authorities will be able to change and implement by-laws within an area. Speed limits already exist, but it will take a meeting of local authorities to change the limits on a national primary route. It is not simply a...

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: Will the existing by-laws will stay in place until the councils change them?

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: I move amendment No. 2: In page 15, to delete lines 20 to 28 and substitute the following: "(10) In a prosecution for a fixed charge offence, the relevant notice under this section shall be addressed to that person and shall be given to the person in one of the following ways—— (a) by delivering it to the person, (b) by leaving it at the address at which the person ordinarily resides or...

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: I am not confident to withdraw my amendment having heard the Minister of State's clarification. What I propose in my amendment is actual delivery rather than presumed delivery of the relevant notice. That section provides for presumed delivery. The Government proposed to award a contract to person to sit in an office and post out summonses and that person will presume that his or her work is...

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: Could we clarify it further? The Minister is saying that the garda will write a summons and send it to the service provider.

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: The garda will issue the summons.

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: There is much confusion regarding all of that.

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: Will the Garda Síochána decide on how best to deliver the summons to ensure the person gets it?

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: That is not covered in the Act.

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: It is poorly defined. We have had several examples of this today. Surely it should be covered in this Bill. If it is in the Bill already, there are holes in it.

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Paddy Burke: When the garda issues a person with a summons, does he have to send a note to the service provider as well?

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