Results 701-720 of 11,242 for speaker:Noel Dempsey

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: We held a long discussion on the matter. This will provide for mandatory testing in certain circumstances. The legislation refers to where a member of the Garda is of the opinion that a person in charge of a vehicle in a public place has consumed intoxicating liquor, that member "shall" require and so on. That is mandatory and there is no way out of it. I made the point the last time in...

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: We spoke about this and were both in agreement on it. I had a look at it following the discussion we had on Committee Stage. What has been clarified for me is that the provisions of section 7 directly address the Deputy concerns. The section provides for powers of entry to the Garda Síochána in the particular circumstances about which the Deputy spoke. Where a person has been injured...

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: No. The Deputy will remember we had a discussion on this and I thought the Deputy made a very valid point. It could have been a loophole but I am assured it is covered.

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: It is the same and my answer is the same because of the implications it might have in regard to resources and so on. That is the reason the word "may" rather than "shall" is used. For that reason, I cannot accept the amendment. Amendment put and declared lost.

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I have done so and, as the Deputy rightly said, there was considerable debate on Committee Stage about the use of the phrase "is of the opinion", which is currently provided for in the road traffic legislation, and the proposed addition of the words "or suspicion". We had a good discussion and I did not have much of a problem with it. I said I would see if it would have implications for...

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I had a look at it but the problem remains the same in regard to court challenges and so on. To apply an evidential status to the results from the roadside tests I am advised could cause very severe difficulties in the overall evidential process. These are meant to be preliminary roadside tests similar in status to the breath screening devices, the breathalyser one gives to a person. The...

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I have done so and there is a difficulty with accepting the amendment. I am sure the Deputy will understand that we all want to try to prosecute anybody who has taken a drink and drives. However, circumstances can arise and there can be very valid reasons a person who is required to provide a sample is unable to do so. There can be valid reasons a person who is required to provide a sample...

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I thank the Deputies for their support but we have not yet reached a stage where there is a reliable test for drug driving and I indicated this on Committee Stage. I guarantee that as soon we have a reliable test, I will introduce the legislation. We are moving on this legislation to make it much more explicit from the drugs point of view. Deputy Broughan is correct that tests for drug...

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I move amendment No. 25: In page 17, line 37, to delete "the said specimen" and substitute "that specimen".

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I move amendment No. 26: In page 17, line 37, to delete "the said apparatus" and substitute "that apparatus".

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: The principle outlined in the amendments is contained in the legislation. The amount referred in the section will be prescribed by the Minister. It is not intended that it will reflect the total cost of prosecuting a case but it will be a reasonable reflection. It is similar to the provisions in section 22 of the 1994 Act, which provides for the payment of a prescribed amount towards the...

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: While there are variations in the amount deducted, this is well established in our laws. I mentioned to the Deputy during the previous debate cases such as Director of Public Prosecutions v. Syron, Director of Public Prosecutions v. Curry, and Ashley McGonnell, Oliver Quinlan and John Purcell v. Attorney General and Director of Public Prosecutions, which are extensive judgments and have...

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: It deals with fixed penalty notices.

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: It is amendment No. 31.

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I will deal with Deputy McEntee's point in a minute. With regard to amendment No. 31, what Deputy Broughan is proposing is that the offer of a fixed penalty notice to specified persons for certain offences be removed. The introduction of the lower blood alcohol limit has been the subject of much debate and discussion and I am anxious that, particularly in the early stages following its...

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I am responding to Deputy Shane McEntee on the basis of what both he and Deputy Broughan said that it is up to Government to decide. I should say it is not actually up to the Government because I have accepted amendments from the Opposition. However, in deference to what has been said by the Deputies, I am willing to change the provision to allow for maximum acceptability. In section 29(5)...

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: It will stay the same, that is correct. The only change we are proposing in the structures is that the penalty points would remain on the record for three years rather than five years.

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I move amendment No. 31a: In section 29 (5), line 21, to delete the words, "five years" and insert the words "three years".

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I have not been advised that it has to be proportionate in the context of the provisions. I cannot go beyond what is provided for in section 29(16).

Road Traffic Bill 2009: Report and Final Stages (23 Jun 2010)

Noel Dempsey: I move amendment No. 33: In page 32, line 11, to delete ", Equality". Deputy Broughan raised this issue on Committee Stage and I agreed to examine it prior to Report Stage to identify all references to the Department's title and to correct them accordingly. Therefore, my proposed amendments provide the required corrections. I thank Deputy Broughan for bringing this matter to my attention as...