Results 7,481-7,500 of 10,035 for speaker:Martin Cullen

Written Answers — Light Rail Project: Light Rail Project (11 Oct 2005)

Martin Cullen: There are no proposals to extend the Luas to Blessington, County Wicklow.

Written Answers — Public Transport: Public Transport (11 Oct 2005)

Martin Cullen: Early last year Bus Éireann submitted a proposal similar to the service referred to in the Deputy's question. My Department's examination of this proposal found that there are a number of other existing licensed passenger bus services on parts of the proposed route. My Department replied to Bus Éireann in March 2004 setting out alternative possibilities in a way which would not impinge on...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: To avoid any misunderstanding, I was referring specifically to road users in general. There must be some form of proportionality applied. Some options have been suggested but I do not know if they are a good or a bad idea and I wonder how some of them would provide a solution. I do not wish to give the Deputy the impression that when I spoke about proportionality I was doing so in the comfort...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: No. I was referring to the train drivers as an example of a good, solid reason. They are responsible for transporting 35 million people and the proportionality stands up in this case. With regard to individuals, such as car drivers, I am informed it is probably impossible to introduce random breath testing, with which we would all be in favour. From recollection, constitutionally it has not...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I hope the Deputy can see that I am engaged with this issue and on which I have had many discussions. It would be worth discussing the legal advice with the committee but I will refer to the Office of the Attorney General on that matter.

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I accept the point made by the Deputy. There is no question that any legislation will be challenged in the courts. The first person caught under the random breath testing will go to the courts immediately as is their right. I do not wish to introduce a measure which has no chance of success and will result in an undermining of the road safety strategy and possibly other things.

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: Much of the advice is delivered orally in discussions of whether a method would be possible or be a success. The advice is given orally rather than the production of tomes of responses. I have put the principles involved clearly to the House in this debate this afternoon and I have done so in the past and provided examples. I will consider the point made by the Deputy but I will not go any...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: It is a good point but I am not a lawyer.

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I do not know the answer to that question. Given that there is random speed testing but not random breath testing, I suspect there are fundamental differences.

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I agree with the Deputy but it is so far, so good.

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: That is the core issue.

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 113: In page 63, between lines 13 and 14, to insert the following: 84. (1) In this Part— "analysis" includes any operation used in determining the presence (if any) of a drug in a specimen of blood or urine, and cognate words shall be construed accordingly; "analysis body" means a person who, in the opinion of a railway undertaking concerned and the Commission, is...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No.114: In page 63, between lines 13 and 14, to insert the following: 85.—(1) This Part applies to a railway undertaking (other than a heritage railway) which operates railway infrastructure or operates trains on a railway infrastructure where such infrastructure is used, or intended to be used, wholly or partly for the carriage of members of the public or freight. (2) This...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No.115: In page 63, between lines 13 and 14, to insert the following: 86.—(1) It is the duty of a safety critical worker and is deemed to be a term of his or her contract of employment or contract of services (whether made before or after the passing of this Act) with a railway undertaking or with a person who has a contract of services with a railway undertaking— (a) not...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 116: In page 63, between lines 13 and 14, to insert the following: 87. (1) Subject to subsection (2), in order to fulfil its duty under section 86(2), a railway undertaking shall, in consultation with organisations which represent the staff of its undertaking— (a) draw up a code of conduct for safety critical workers to be observed by each of them while at work in...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 117: In page 63, between lines 13 and 14, to insert the following: 88.—(1) An authorised person may require a safety critical worker to provide a sample of blood or urine, in accordance with the sampling procedures of the railway undertaking concerned (a) where he or she is of the opinion, or on the request of an inspector who is of the opinion, that a safety critical...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 118: In page 63, between lines 13 and 14, to insert the following: 89. (1) Where an authorised person makes a complaint to the management of the railway undertaking which appointed him or her that (a) a safety critical worker has been convicted of an offence under Chapter 2 of Part 10, or (b) in his or her opinion, a safety critical worker has (i) failed to comply with...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 119: In page 63, between lines 13 and 14, to insert the following: 90. In any disciplinary hearing under section 89 or in any proceedings, a certificate, issued under section 88(5), purporting to be signed by a person employed or engaged in the analysis of samples provided under section 88(1) 2 at an analysis body, stating the capacity in which the person is so employed...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 124: In page 71, before line 1, to insert the following: PART 10 OFFENCES BY PERSONS WORKING ON RAILWAY INFRASTRUCTURE Chapter 1 Preliminary 91. This Part comes into operation on such day or days as the Minister may appoint by order either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or...

Railway Safety Bill 2001: Report Stage (Resumed). (11 Oct 2005)

Martin Cullen: I move amendment No. 125: In page 71, before line 1, to insert the following: 92.—(1) In this Part— "analysis" includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;...