Results 241-260 of 1,683 for speaker:Derek McDowell

Seanad: Criminal Justice Bill 2004: Second Stage. (30 Jun 2006)

Derek McDowell: There would have to be compelling evidence. It is an interesting proposition but one we will have to examine. It is not contained in the Bill. Part 5, which covers sections 25 to 67 and Schedule 1, provides for amendments to the Firearms Acts 1925 to 2000. The principal amendments include increased penalties generally for offences under the Firearms Acts and the introduction, for the first...

Seanad: Criminal Justice Bill 2004: Second Stage. (30 Jun 2006)

Derek McDowell: It is, but that has been changed by provisions of the Children Act which were never commenced. Part 14 provides for the establishment of the criminal law codification advisory committee. These provisions were introduced into the Bill by way of Committee Stage amendments in the Dáil. Senators may recall that the programme for Government included a commitment to codify all substantive criminal...

Seanad: Social Partnership Agreement: Motion. (21 Jun 2006)

Derek McDowell: I second the amendment in the name of the Fine Gael and Labour Party Senators. My party supports the social partnership process and much of the content of the current agreement. However, without in any way being smart, if one reads through and considers the agreement, as I have done today, there is very little with which any sane person might reasonably disagree, even the tired old voices to...

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

Derek McDowell: This provision is an interesting and important innovation. Section 19(a)(b) is broadly phrased in that it allows a vehicle to be impounded if, in the opinion of a garda, it is being used without a roadworthiness certificate having been issued in the country where it was registered. I take it from that there is no obligation on foreign drivers or drivers of foreign registered cars to display...

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

Derek McDowell: I wish to explore the matter of the recognition of foreign driving licences. Section 8 sets out a process whereby driving licences issued in other jurisdictions can be exchanged for Irish driving licences. I was surprised when I read this. I am not clear on the background and perhaps the Minister of State will help me with it. My understanding was that European Union issued driving licences...

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

Derek McDowell: What are the current arrangements? Must a French licence be exchanged in Ireland or can one simply drive here with a French licence?

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

Derek McDowell: If a French person using a French licence is awarded penalty points while driving in Ireland, do these points attach to the French licence? If not, I would not bother to exchange my licence for an Irish one if I were coming here from France to live for a year.

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

Derek McDowell: I appreciate that. Are they recognised in Ireland in respect of the French licence? If a French citizen living in Ireland for two years commits a number of driving offences exclusively in Ireland and is awarded 12 penalty points, does his possession of a French licence make him immune?

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

Derek McDowell: Although he has a French licence?

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

Derek McDowell: What is a speed limitation device?

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

Derek McDowell: Is it fitted to trucks?

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

Derek McDowell: Are they obligatory?

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

Derek McDowell: This is all very informative.

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

Derek McDowell: This is an ancillary issue to Senator Burke's amendment that relates to the same general area. Under subsection (13) there is an assumption that the onus is on the individual who pays the fine to prove that he or she has done so and that is reasonable. However, the onus is also on the person who claims never to have received a disqualification notice to prove that this is the case and this is...

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

Derek McDowell: I can imagine circumstances where a person driving while disqualified will claim never to have received the notice. The Department of Transport expects such people to prove they did not receive it, but how can they do so? A certificate of posting or another evidential requirement should exist in order that it can be proven that a disqualification notice has been served.

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

Derek McDowell: It would be a pity to allow this section to go by without some debate, even if that simply involves me expressing my concerns. This section aims to provide for a quick form of prosecution for people who have had a few pints. The limit of 100 mg of alcohol per 100 ml of blood equates to two or three pints, roughly, for the average male of reasonable stature. I understand that there are people,...

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

Derek McDowell: The section envisages farming out the process of sending out notices. Perhaps the Minister of State will talk us through that and tell us his intentions. I notice subsection (15) allows the Minister to enter into an agreement, presumably with a private sector company, to serve the notices. The process set out in the section seems very cumbersome, involving three or four different agencies...

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

Derek McDowell: This is an interesting issue. The practice heretofore, as I understand it, is that after a person has been disqualified for a certain period, he or she could get the licence back. This was the normal practice in most District Court areas and District Court judges were inclined to give back a licence if there were any reasonable causes to do so. I applaud what the Minister of State is doing,...

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

Derek McDowell: Will the Minister of State provide information on recognition of foreign licences. Does the Cathaoirleach wish to defer the discussion?

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

Derek McDowell: I wanted to explore some of the issues raised by Senator Burke because they are very important, especially the issue of how specific the authorisation needs to be in respect of time and place. At the moment, there is a requirement that specifies an hour and date at which a checkpoint may begin and an hour and date at which it may finish. As the Bill currently stands, there is no restriction...