Results 7,501-7,520 of 10,035 for speaker:Martin Cullen

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

Martin Cullen: I move amendment No. 126: In page 71, before line 1, to insert the following: 93. (1) A member of the Garda Síochána may enter railway property for the purposes of enforcing this Part. (2) A member of the Garda Síochána may request a railway undertaking to stop a train at a convenient and safe location for the purposes of this Part. (3) In exercising a power under subsection (2), a member...

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

Martin Cullen: I move amendment No. 127: In page 71, before line 1, to insert the following: 94. (1) This section 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 section...

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

Martin Cullen: I move amendment No. 128: In page 71, before line 1, to insert the following: Chapter 2 Intoxicants 95. (1) The Bureau shall perform the functions assigned to it by this Chapter. (2) In particular, and without prejudice to the generality of subsection (l), the Bureau shall arrange for (a) the receipt and analysis of specimens of blood and urine forwarded to the Bureau under this Part and the...

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

Martin Cullen: I move amendment No. 129: In page 71, before line 1, to insert the following: 96. (1) A safety critical worker who performs a safety critical task, or who makes himself or herself available to perform such a task by attending at work, while being unfit, is guilty of an offence. (2) A safety critical worker who performs a safety critical task, or who makes himself or herself available to...

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

Martin Cullen: I move amendment No. 130: In page 71, before line 1, to insert the following: 97. (1) Where an authorised person or a member of the Garda Síochána is of the opinion— (a) that a safety critical worker, who is performing a safety critical task or who has made himself or herself available to perform a safety critical task by attending at work, (i) has consumed intoxicating liquor, or (ii) is...

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

Martin Cullen: I move amendment No. 131: In page 71, before line 1, to insert the following: 98. (1) A member of the Garda Síochána may arrest a safety critical worker without warrant if he or she has reasonable cause to suspect that worker is committing or has committed an offence under section 96 or 97. (2) For the purpose of arresting a safety critical worker under subsection (1), where a member of the...

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

Martin Cullen: I move amendment No. 132: In page 71, before line 1, to insert the following: 99.(1) Where a safety critical worker is arrested under section 98, a member of the Garda Síochána may, at a Garda Síochána station, at his or her discretion, do either or both of the following: (a) require the worker to provide, by exhaling into anapparatus for determining the concentration of alcohol in the...

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

Martin Cullen: I move amendment No. 133: In page 71, before line 1, to insert the following: 100. (1) Where a railway incident occurs in consequence of which a safety critical worker is injured, or claims or appears to have been injured, and is admitted to, or attends at, a hospital and a member of the Garda Síochána is of opinion that, at the time of the incident (a) the worker was working on the railway...

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

Martin Cullen: I move amendment No. 134: In page 71, before line 1, to insert the following: 101. —Where a safety critical worker is at a Garda Síochána station having been arrested under section 98, section 16 of the Road Traffic Act 1994 applies and references in that section to subsection (1) of that Act are to be read as including references to this section.

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

Martin Cullen: I move amendment No. 135: In page 71, before line 1, to insert the following: 102. (1) Where, consequent on a requirement under section 99 of him or her, a safety critical worker provides 2 specimens of his or her breath and the apparatus referred to in that section determines the concentration of alcohol in each specimen, in case the apparatus determines that each specimen has (a) the same...

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

Martin Cullen: I move amendment No. 136: In page 71, before line 1, to insert the following: 103. (1) Where under this Chapter a designated medical practitioner has taken a specimen of blood from a safety critical worker or has been provided by the worker with a specimen of his or her urine, the medical practitioner shall divide the specimen into 2 parts, place each part in a container which he or she shall...

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

Martin Cullen: I move amendment No. 137: In page 71, before line 1, to insert the following: 104. (1) As soon as practicable after it has received a specimen forwarded to it under section 103, the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be appropriate) the presence of a drug or drugs in the specimen. (2) Where the Bureau receives 2 specimens of blood so...

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

Martin Cullen: I move amendment No. 138: In page 71, before line 1, to insert the following: 105. (1) A safety critical worker shall not take or attempt to take any action (including consumption of alcohol but excluding a refusal or failure to comply with a requirement under section 99) with the intention of frustrating a prosecution under section 96. (2) A person who contravenes subsection (1) is guilty of...

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

Martin Cullen: I move amendment No. 139: In page 71, before line 1, to insert the following: 106. (1) A duly completed statement purporting to have been supplied under section 102(2) is, until the contrary is shown, sufficient evidence in any proceedings under this Chapter, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall,...

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

Martin Cullen: I move amendment No. 140: In page 71, before line 1, to insert the following: 107.(1) In a prosecution of a safety critical worker for an offence under section 99 for refusing or failing to comply with a requirement to provide 2 specimens of his or her breath, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or...

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

Martin Cullen: I move amendment No. 141: In page 71, before line 1, to insert the following: 108. A person guilty of an offence under this Chapter (other than section 102(4)) is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both.

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

Martin Cullen: I move amendment No. 142: In page 71, before line 1, to insert the following: Chapter 3 Carelessly or dangerously working or working while unfit, on railway 109. (1) A safety critical worker shall not perform a safety critical task on railway property or in a public place without taking due care and attention. (2) A person who contravenes subsection (1) is guilty of an offence and is liable...

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

Martin Cullen: I move amendment No. 143: In page 71, before line 1, to insert the following: 110. (1) A safety critical worker shall not perform a safety critical task in a manner which, having regard to all the circumstances of the case, is dangerous to the safety of persons or poses an unreasonable risk of harm to persons. (2) A person, being a supervisor, manager, director or secretary of a railway...

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

Martin Cullen: I move amendment No. 144: In page 71, before line 1, to insert the following: 111.—(1) A railway undertaking may require a safety critical worker to undergo an assessment by a medical practitioner, nominated by the undertaking, of his or her fitness to perform a safety critical task and such person shall co-operate with such medical assessment. (2) Railway undertakings shall ensure that...

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

Martin Cullen: I am sorry that we missed this earlier because I am favourably disposed to Deputy Shortall's suggestion. I would like to consult with the Office of the Parliamentary Counsel before tabling a suitable amendment for Seanad Éireann. I am in agreement in principle, but I must ensure that the wording is correct. In fact, Deputy Shortall's second amendment to the amendment deals with consultation...