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Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: These amendments do not change in any significant way the provisions of the section involved, but I am advised by the Office of the Attorney General that it is better to remain consistent with wording that has been tried and tested over time. Accordingly, these amendments present in a clearer and unambiguous manner the objectives of the section, which is to provide for the option of...

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: On that last point, I do not know. A doctor might make a judgment that the person was not in a condition to give a sample. The default in all of this is the blood test, which is the primary test. However, the option is being left to return to other methods if, for some legitimate reason or other, it is not possible to do the blood test. On the question raised by Deputy Coveney, he is...

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: Section 6 of the Bill provides that a person shall not drive or attempt to drive an animal drawn vehicle or a pedal cycle while under the influence of an intoxicant to such an extent as to be incapable of having proper control, and the penalties are stipulated for that offence. However, the requirement in legislation to undergo a breath test, other than a preliminary test at the roadside, or...

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: These are minor amendments that are being made to insert or correct the references in the relevant sections of the Bill. All of the amendments in the group are similar but necessary. In order to take into account the views of all stakeholders, this legislation continued to be amended quite late into the legislative process and throughout all Stages in both Dáil and Seanad. As legislation...

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: I am advised by the Attorney General's office that the insertion of this new subsection is necessary to clarify that a garda cannot request a medical examination to be carried out on a person admitted to hospital following a road collision unless the doctor treating the person is consulted and the examination would not be prejudicial to the health of that person. This wording is consistent...

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: I thank the Deputies for supporting this amendment which is one of the core provisions in the Bill. A balance must be maintained, as Deputy Coveney said, and I am confident we have that balance right. In regard to the concerns expressed by Deputy Connaughton, if we discover that the balance is not right and that there are loopholes, we will try to plug them. However, this provision is...

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: These provisions relate to fixed-charge notices and serving of those notices in respect of road traffic offences. Section 35 - subsection (3) in particular - provides for the manner in which a notice may be served. That procedure is also reflected in section 29 where a notice is served in respect of drink driving offences. These amendments do not alter the integrity of the relevant...

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: Section 29 provides that where a person is alleged to have committed a drink driving offence but the concentration of alcohol levels are within certain limits, that person will be served with a fixed penalty notice. Persons are only eligible to be served with a fixed penalty notice once in a specified time period. On Report Stage in the Dáil Deputy Shane McEntee proposed that under section...

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: "Eligible" is the wording used consistently throughout the Road Traffic Acts. In layman's terms there does not appear to be a great difference between them but, apparently, in legal parlance this is the correct term.

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: This amendment introduces a new section that would give effect to certain provisions in section 65 prior to its commencement. Section 65 repeals section 26 and section 49(1)(i) of the Act of 1994 and the Road Traffic Act 1995 and section 6 of the Act of 2006. It restates the provisions of section 26 related to consequential disqualification orders, to reflect the intoxicating driving...

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: I refer to the first question raised by the Deputy. This includes the consequential disqualification provisions of all Road Traffic Acts from 1961 to 2009. All future Road Traffic Bills will include all the provisions relating to various aspects in one section and we will update all the sections accordingly. We are doing so in this case and matters related to driving under the influence of...

Road Traffic Bill 2009: From the Seanad (7 Jul 2010)

Noel Dempsey: I thank the Leas-Cheann Comhairle and the staff of the House for their work and co-operation in getting the Bill through the Oireachtas. It was greatly appreciated. I acknowledge we put the Bills Office and other staff under pressure with this legislation. I would like, in particular, to thank the Opposition spokespersons, Deputies O'Dowd, Coveney and McEntee from Fine Gael, my old...

Written Answers — Departmental Expenditure: Departmental Expenditure (7 Jul 2010)

Noel Dempsey: The Department spent €6,438 on carbon offsets for official travel in 2007 and 2008 under the Irish Government Offsetting Scheme, including travel by the Minister and Minister of State. The Department spent €3,556 on carbon offsets for official travel in 2009 including travel by the Minister and Minister of State. Expenditure for 2010 travel will fall due in 2011. The money was paid to...

Written Answers — Departmental Expenditure: Departmental Expenditure (7 Jul 2010)

Noel Dempsey: The information sought is being compiled and will be forwarded to the Deputy as soon as possible.

Written Answers — Departmental Expenditure: Departmental Expenditure (7 Jul 2010)

Noel Dempsey: My Department spent €128,030 in 2009 and €63,917 to-date in 2010 on public advertisements in national and local print media, radio and television.

Written Answers — Departmental Expenditure: Departmental Expenditure (7 Jul 2010)

Noel Dempsey: Waterford Airport With regard to Waterford Regional Airport, €10,734 has been paid out in respect of the ATC Navigational Aids and Landing Aids Localiser Project, under the Capital Expenditure Grant Scheme. Later this year, I intend to give further consideration to the overall capital funding of projects at the regional airports in future years. Heavy Rail As part of Transport 21, my...

Written Answers — National Car Tests: National Car Tests (7 Jul 2010)

Noel Dempsey: Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) this is a matter for the Road Safety Authority.

Written Answers — Departmental Staff: Departmental Staff (7 Jul 2010)

Noel Dempsey: All applications from staff for transfer, relocation or exchange to or from my Department are made via the Central Applications Facility (CAF), which is maintained by the Public Appointments Service (PAS). The information requested pertaining to the agencies is a matter for each agency itself.

Written Answers — Departmental Staff: Departmental Staff (7 Jul 2010)

Noel Dempsey: The Department's training unit receives a budget allocation within the overall administrative budget to enable it to discharge its responsibilities to staff. The budget allocation to the Training Unit for 2010 is €351,000 of which €93,000 has been spent by the end of June 2010.

Requests to move Adjournment of Dáil under Standing Order 32 (8 Jul 2010)

Noel Dempsey: He should write to the County Council.

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