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Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 5:In page 5, between lines 21 and 22, to insert the following:"Publication of information provided by vehicle insurers 6. (1) The Minister may maintain records of information notified to him or her under section 4* and may, after consultation with any other person or body that the Minister considers appropriate, for the purposes of increasing road safety, publish or...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 6:In page 6, line 28, to delete "it had been lawfully prescribed" and substitute "9 - Tetrahydrocannabinol had been lawfully prescribed".

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I appreciate the point of the Deputy's proposed amendment. It is superfluous because the new provisions I am proposing apply to limits exactly as do the existing ones for alcohol. If a person is actually impaired as a result of intoxicants, he or she will continue to be liable to prosecution under the existing provisions of the 2010 Act which make it an offence to drive or be in charge of a...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I do not think there is any need to as it is covered. I just asked the Deputy not to press the amendment because I think it is covered.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I am talking about driving while incapacitated, rather than a medical exemption certificate. I think we are talking at cross-purposes.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: This is already fully covered by the 2010 Act.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: It is apparently covered in sections 4A and 5A of the 2010 Act.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: These are ambitious but understandable amendments. The approach the Department has taken with regard to the list of specified drugs is one that has been discussed in great detail with the MBRS. This Bill, in addressing drug driving, is not based on the MBRS report referred to by the Deputy but on more recent experience of the bureau on testing specimens for drugs and best international...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I accept the Deputy's point but it is very difficult to make these comparisons. It is very hard and I understand what the Deputy is saying. For all other drugs, the position remains that the presence of a drug plus intoxication to the extent of being unable to control the vehicle is an offence already. Under the existing impairment offence section of the 2010 Act, section 5, the Medical...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I can guarantee that the drugs on the list produced by the Deputies, as well as other substances, will be considered. This is under constant surveillance but we know from the MBRS that these three are the most commonly used drugs and in that context, the testing for them will be the easiest to implement. If that works, we will extend the list. We are quite prepared to look at that. In...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: That is reasonable. I am not sure of the answer to that question but I can report to the Deputies on Report Stage or before then. There is no effort here to obstruct this, I can assure the committee. It is just a matter of deciding to go ahead with what we have got while continuing to consider other drugs. Even if we were to include some that are on the list now, we would still have to...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I can give a commitment on a proposed timetable on Report Stage for when we can include some of these drugs and what we intend to do in terms of including other drugs in the future. I will outline what we are doing about it and what is happening within the Department. I do not know the details of all of the drugs and the potential harm that each one is doing. However, I will come back on...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 11:In page 7, line 36, to delete "the member" and substitute "him or her or that other member". These are technical amendments which will clarify Garda procedure in testing for intoxicants.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 12:In page 8, lines 8 and 9, to delete "the member" and substitute "him or her or that other member".

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 13:In page 8, line 16, to delete "the member" and substitute "him or her or that other member".

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 14:In page 9, lines 20 and 21, to delete "the member" and substitute "him or her or that other member".

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 15:In page 10, between lines 3 and 4, to insert the following:"(8) Where a member of the Garda Síochána requires a person to provide a specimen of oral fluid under this section, the member may request the person of whom the requirement is made to produce for inspection any medical exemption certificate referred to in section 4(1B) or 5(1B) which he or she holds.".

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 16:In page 10, line 4, to delete "(8) In" and substitute "(9) In".

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 17 :In page 10, line 9, to delete "(9) In" and substitute "(10) In".

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 18:In page 10, line 14, to delete "(10) An" and substitute "(11) An".

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