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Seanad: Road Traffic Bill 2006: Second Stage. (8 Jun 2006)

Pat Gallagher: On my own behalf and that of the Minister for Transport, Deputy Cullen, I thank the Senators who made contributions on this important Bill. I thank the Opposition Members for their co-operation because we are all anxious that this Bill get through both Houses and be enacted before the summer recess. The interest in and concern of this House in particular in the broad area of road safety is...

Driving Tests. (13 Jun 2006)

Pat Gallagher: I thank the Deputy for raising this issue. I acknowledge her concerns about the driving test centre in Killarney. Unfortunately, the former centre proved to be unsuitable for testing and a process of securing a suitable alternative centre commenced some time ago. A replacement premises has been identified and the Commissioners of Public Works have informed me that negotiations with the...

Written Answers — Public Transport: Public Transport (13 Jun 2006)

Pat Gallagher: I understand from Dublin Bus that it has in operation a programme of inspection for its bus ramps, that defects with the ramp mechanism are to be reported on a daily basis and repaired as quickly as possible. Dublin Bus also informs me that it will take immediate action on comments from any member of the public who highlight instances of ramps not working. In the light of the Deputy's...

Written Answers — Harbours and Piers: Harbours and Piers (13 Jun 2006)

Pat Gallagher: Galway harbour is owned and run by Galway Harbour Company, a State-owned company established under the Harbours Act 1996. The Act provides that the principal objects of the company include the provision of such facilities, services and lands in its harbour for ships, goods and passengers, as it considers necessary. The company is required to take all proper measures for the management,...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: We are committed to the Irish language on both sides of the House and want to use it as much as possible. However, in these circumstances the English version, involving the use of the word "the", is used, as is the normal practice. "The Garda Síochána" is used in all Bills passed in both Houses. This has been the standard practice since 1961 and was not introduced by me. The Bill will be...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: There could be operational circumstances in which a driver of a Garda car, ambulance or fire brigade vehicle would need to use a hand-held mobile phone "in the performance of his or her duties". It is for this reason that drivers of essential service vehicles have limited exemption from the prohibition on holding a mobile phone while driving. The exemption is strictly controlled and only...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: Perhaps there is some ambiguity in the thinking but, as far as I am concerned, the proposed section is very black and white. Subsection (4) recognises the need to have a broad, flexible legislative framework to regulate in-vehicle technologies for providing information, communication or entertainment for the purpose of restricting or preventing driver distraction associated with the use of...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: I am advised by the Parliamentary Counsel that he is satisfied that the correct use of singular or plural, or a mixture of both, is in conformity. I refer to an example relating to amendments Nos. 4 and 5. Subsection (5) gives wide discretion to the Minister regarding the scope of regulations to restrict or prohibit in-vehicle communication information and entertainment technologies....

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: Senator Burke has proposed these amendments which relate either to commas or hyphenation in the Bill. I am again advised by the Parliamentary Counsel that the insertion of punctuation such as commas in the Bill is a technical drafting matter and therefore I cannot accept the amendments.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: Section 3(4) empowers the Minister to make regulations to restrict or prohibit the use of mobile phones, other communications equipment, and information and entertainment equipment by occupants of motor vehicles. This provision is important because it recognises the need to have a broad, flexible legislative framework to regulate in-vehicle technologies and information, communication or...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: I apologise in that I omitted to refer to subsection (1) which prohibits the holding of a mobile phone while driving a motor vehicle in a public area. The word "hold" is defined in subsection (9) as "holding the phone by hand or supporting it with another part of the body". This prohibition, it is clear, does not apply to hands-free mobile phones or two-way radios. Accordingly, mobile phone...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: It is, absolutely.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: He does not.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: My reply is similar to the earlier one involving a number of drafting amendments. I am advised as regards the substitution and deletion of words without any change in the context that I should not accept these amendments.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: I see where Senator Paddy Burke is coming from. However, if a Garda inspector, superintendent or someone of higher rank decides there should be mandatory alcohol testing between, say, 17:00 and 19:00 hours, I believe there is sound reason for providing some degree of flexibility. If a Garda testing unit is on the Castlebar-Westport or the Donegal-Ballyshannon road at a time when there is no...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: I am responding to amendment No. 32, which is linked, of course to amendment No. 31 tabled by Senator White. Both Senators referred to this matter on Second Stage. I want to refer to section 4 of the Bill, outlining the provisions on mandatory alcohol testing. Both Senators propose that the Bill should be further amended so that a driver involved in a road traffic accident shall be required,...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: We believe it is very important that gardaí have flexibility with the time factor. There is nothing in the legislation that states that authorisation should be presented if requested, but there is nothing to stop gardaí from showing an original or certified copy to the individual who has been stopped for a random breath test. On Second Stage, I stated that there would be guidelines from the...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: I have been told that the guidelines will be more specific and that they will indicate very clearly where the tests should be carried out. It could be one or more places within that period of time. Does that answer the Senator's question?

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: The authorisation would state that and it could indicate that authority has been given to the garda to carry out a mandatory alcohol test at one or more than one location during that period. That would have to be worked out. If the Senator could indicate the practicalities or the inefficiencies in the system, I would communicate with him on that issue.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: It would have a much more general use. If it were only to be applied at specific times such as after a concert, late at night or after functions, we would lose out on the impetus of this measure. Such testing could happen at any time. While the official words used are "mandatory alcohol testing", the common use of the words "random breath testing" suggests it could be carried out at any time...

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