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Seanad: Tributes to Deputy Head Usher of the Houses of the Oireachtas. (10 Dec 2004)

Derek McDowell: ——that puts some distance between them and us. Frank Lane was never like that. He always approached Members as people involved equally in the public service, which is as it should be. He was friendly and gave advice, which was sometimes quite caustic or clear, as to what should or should not be done. He did so always in a fashion intended to be helpful. I am sorry he is leaving. He bears...

Seanad: Order of Business. (10 Dec 2004)

Derek McDowell: I join with colleagues in seeking a debate on Northern Ireland. There was a time in the early part of the peace process when most of the parties engaged in a measure of constructive fudge. In fairness, it got us over some humps and difficulties which might otherwise have been difficult to avert. That time is now over. As we hopefully move to closure on a final agreement there is a need for...

Seanad: Order of Business. (10 Dec 2004)

Derek McDowell: —— that we know what is happening and that everything is up front. If it is necessary to make difficult or unpleasant decisions we should at least know what has been agreed in our name by our sovereign Government. We owe a debt of gratitude to the Tánaiste for making it clear that it is not just the issue of photographs that is outstanding. I urge the Leader to speak to the Taoiseach, in...

Seanad: Order of Business. (10 Dec 2004)

Derek McDowell: However, it is right and necessary that it should be a balanced approach and that we should seek to get the representatives of both communities. Efforts to do that will necessarily be damaged if Seanad reform appears to be driven by the needs, requirements or desires of one party, which appears to be happening at present. I join Senator Brian Hayes and Senator Norris in seeking a debate on...

Seanad: Order of Business. (14 Dec 2004)

Derek McDowell: I join Senator O'Toole in welcoming the decision by the Minister for Justice, Equality and Law Reform on the non-national parents of Irish-born children who are seeking asylum in this country. The Minister was in the House last week and I noted that he is one of those people who likes to play good cop and bad cop at the same time. Even when he is announcing something generous, he likes to do...

Seanad: Order of Business. (14 Dec 2004)

Derek McDowell: It should be nationalised.

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

Derek McDowell: Was the Minister of State caught in traffic?

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

Derek McDowell: What about private roads? There are estates in Dublin with roads that the local authorities do not intend to take charge of. Do those areas come within the definition of "built up areas" and are those private roads governed by the 50 km/h speed limit as it exists for public roads in the same estate?

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

Derek McDowell: It is anomalous that most people think these roads are public and they are in built-up areas but there is no offence of speeding. We should look at that.

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

Derek McDowell: I move amendment No. 1: In page 6, before section 4, to insert the following new section: 4.—A person who is driving or attempting to drive a mechanically propelled vehicle (other than one used in the course of the activities of the Garda Síochána or emergency services) and who uses a mobile telephone other than a hands-free telephone shall be guilty of an offence and shall be liable to...

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

Derek McDowell: If a driver displays no obvious signs of careless driving — I refer to a driver who does not swerve, have a near miss or hit the kerb, but continues to drive in a straight line under the legal speed limit — is the fact that he or she has a mobile telephone in his or her hand sufficient to sustain an offence?

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

Derek McDowell: It is not really a matter for the Garda. If we accept that it is, we are saying that it is not a matter for regulations or the law.

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

Derek McDowell: I am sure all Senators who have been stuck in traffic at 6.30 p.m. on Thursday evenings have decided to use their mobile telephones. I am certain that the Minister of State has often sat for quite a while in traffic that was going nowhere. Is it an offence for one to use one's mobile telephone in such circumstances? I do not think it could reasonably be described as "careless driving", given...

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

Derek McDowell: What is the Minister of State talking about? Does he refer to GPS systems?

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

Derek McDowell: I thank the Minister of State.

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

Derek McDowell: I wish to ask a final question, so that I can get a clear answer. Perhaps I should not bother. Has there been a case of the Garda bringing a prosecution for a breach of the regulations, but not also bringing a prosecution for careless or dangerous driving?

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

Derek McDowell: This is a very important issue and the problem in question must be responsible for a very large number of the accidents. In other countries with single carriageways, there are frequent sections with, say, three lanes, alternating between both sides of the road. There are a couple of examples of this in Ireland, including near Castleisland on the main road to Tralee, and we have some climbing...

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

Derek McDowell: Has the Minister of State had any joy from the NRA regarding the provision of safety barriers? I notice that he has expressed the hope that we will at least be able to commit to putting in place safety barriers within a relatively short period. Can he report on progress in this regard?

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

Derek McDowell: One could wait twice that length to get out of the Senator's car park.

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

Derek McDowell: That was announced in 1998.

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