Results 4,261-4,280 of 4,414 for speaker:Sean Barrett

Seanad: National Tourism Development Authority (Amendment) Bill 2011: Committee and Remaining Stages (1 Dec 2011)

Sean Barrett: I move recommendation No. 1: 1. In page 3, line 13, after " "€65,000,000"." to insert the following: "Subject to the following conditions: (a) the said expenditure shall be subject to a published appraisal in advance by the Minister for Public Expenditure and Reform indicating that the benefits to society as a whole exceed the costs and an ex post appraisal of the expenditure at the end of...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I move amendment No. 7: In page 10, subsection (2), line 20, after "licence" to insert the following: "or that the vehicle has been hired from the holder of an operator's licence". This amendment seeks to deal with the road passenger side. There has been a custom where a business is doing well and a person needs extra capacity, to lease or hire. In the passenger business they are called...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I welcome the Minister's explanation. I just want to ensure an anomaly is not created whereby CIE would be entitled to have auxiliary services between, for example, Dublin and Galway, but its private sector competitors would not, because those vehicles would not be on their licence. I would be obliged if the Minister could clarify that.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I move amendment No. 8: In page 10, subsection (3), line 26, to delete "without" and substitute "with". These are important documents which affect people's livelihood and they are offered "without proof of the signature of the person purporting to sign the certificate or that he or she was an officer of the Minister". Is there larger proof that the documents are authentic, were properly...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I thank the Minister for his explanation. I withdraw the amendment.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I move amendment No. 10: In page 10, lines 36 to 42, to delete subsection (5). The point of this amendment is that the Bill makes it an offence for the customer, bringing draconian penalties of €500,000 and imprisonment for three years. If I get a person to bring my milk to the creamery why should I merit that degree of penalty? I do not know whether it is normal for customers who engage...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: We could substitute another commodity but if a person carries it from my business or farm I will get a bill for €500,000 and an invitation to spend three years in Mountjoy Prison because I have engaged in a transport transaction. I will leave milk out in deference to the Senator but this penalty for a relatively innocent act by a member of the Barrett family seems out of all proportion.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I welcome the good news about inadvertent offences. I withdraw the amendment.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: No, because it was an attempt to retain the penalties for the illegal operator while exempting the unwitting customer and that has been dealt with by earlier sections.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: No. The Minister and 1 are ad idem on the three-month provision. Amendment No. 12 not moved.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I move amendment No. 14: 22. Carriage of passengers by undertakings engaged in the occupation of road transport using vehicles with a speed not exceeding 40 km/h in accordance with Regulation (EC) No. 1071/2009.". This amendment refers to a formulation contained in an EU document which does not apply to undertakings engaged in the occupation of road transport operators using vehicles with a...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I hope we will get the restraint people have called for. In my professional capacity I used both the Green black taxis in Belfast and the Orange black taxis on the other side and was very impressed by the prisoners who, on release, operated that service. I wrote on this for a professional journal in London in the Institute of Economic Affairs. The service provided by the taxi service was a...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I move amendment No. 3: In page 8, subsection (2) (b), line 12, after "offences" to insert the following: "and the time elapsed since the convictions and the maximum fine or term of imprisonment with respect of each offence". This section deals with a number of factors which the Minister will take into account when considering an offence: (a) the nature of the offence, (b) whether the...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: The Minister in his earlier comment referred to people who had moved on. I was hoping that people who had moved on would be facilitated so I think we can move on. The Minister has facilitated the third moving on in respect of that section. I accept what the Minister has said and I withdraw the amendment.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I move amendment No. 4: In page 8, lines 40 to 42, to delete subsection (3). Section 5(3) states: A decision to suspend or withdraw a licensing document has effect pending an appeal under this section unless the judge of the District Court before whom the appeal is brought directs otherwise. There should be a chance for the person to mount a defence. In transport, if the licence is...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: Is there any way what the Minister says could be incorporated in the Bill, that it is on conviction that the licence is withdrawn? Is that the import of his message?

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: If that had been included in the wording of the Bill, I would not have tabled the amendment, but that is the way we evolve. The Minister's remarks were most useful.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I move amendment No. 5: In page 9, line 7, to delete subsection (6) and substitute the following: "(6) Where the Minister has not decided on an application within three months the applicant may within 21 days of the expiry of that period appeal to the District Court seeking a decision on the application.". Senator James Heffernan informed me yesterday that the period of 21 days was included...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: I move amendment No. 6: In page 9, subsection (3), lines 38 and 39, to delete "Minister and where" and substitute "Minister. Where". There is a mistake in how we submitted this amendment in the typed version and I hope it did not cause confusion. I do not know if it renders it void. We were seeking to delete the line-----

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Sean Barrett: Our mistake is that the Bill reads "Minister and where" and we are seeking to substitute this phrase with "Minister. Where". The word "Minister" is redundant and the word "where" should be capitalised on line 38 in order that the sentence would read "Where an operator's licence is withdrawn or suspended, the operator shall...". The wording to be deleted is "an operator's licence is the...