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

Martin Cullen: I will have to revert to the Parliamentary Counsel.

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

Martin Cullen: I am happy to accept this amendment.

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

Martin Cullen: I move amendment No. 145: In page 71, line 52, to delete €100,000 and substitute €500,000. I propose to increase the penalty in section 92 for indictable offences relating to road authorities and others who endanger railway safety through failure to maintain works on a public road in the vicinity of a railway structure. I propose to increase this penalty from €100,000 to €500,000 as a...

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

Martin Cullen: A tunnel is a public road.

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

Martin Cullen: Not that I am aware of. As the Deputy raised the point, I will look at it before going to the Seanad to see if there is a tighter or more specific definition. It is interpreted in terms of road use. It is a reasonable point.

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

Martin Cullen: I move amendment No. 146: In page 73, line 26, to delete "Parts 10 or 11" and substitute "Part 12". This is a technical amendment to correct a drafting error caused by the withdrawal on Committee Stage of a proposed amendment to insert a new Part 10 in the Bill providing for offences by persons working on a railway.

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

Martin Cullen: I move amendment No. 147. In page 73, between lines 30 and 31, to insert the following: "(2) The Commission shall be entitled— (a) to view and take copies of any record or other evidence gathered or obtained by the Investigation Unit during the course of its investigation of a railway incident under section 57, and (b) subject to section 57(17) to submit as evidence in...

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

Martin Cullen: I move amendment No. 149: In page 76, between lines 27 and 28, to insert the following: "105.—The Transport Act 1950 is amended— (a) in section 20(1), by inserting after paragraph (b) the following: '(bb) the provision of parking facilities for vehicles on land belonging to or occupied by the Board, including fees for failure to comply with bye-laws made under section 22 (1)(ee),', (b) in...

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

Martin Cullen: I move amendment No. 150: In page 76, between lines 27 and 28, to insert the following: "106.—The following section is inserted after section 22 of the Transport Act 1950: "22A.—(1) If an authorised officer reasonably suspects that a person— (a) is contravening or has contravened or is failing or has failed to comply with a provision of bye-laws made under section 22 of this Act which...

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

Martin Cullen: I move amendment No. 151: In page 76, after line 36, to insert the following: "PART 14 Miscellaneous 106.—(1) Every passenger of a railway undertaking shall, on request by an officer or employee of a railway undertaking, produce, and if so requested, deliver up to the officer or employee a ticket showing that his or her fare is paid and, if the fare has not been paid, shall upon request—...

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

Martin Cullen: I move amendment No. 152: In page 76, after line 36, to insert the following: "107.—(1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 22(4), 22A(2) or 59(1) of the Transport Act 1950, section 25(1) of the Transport (Miscellaneous Provisions) Act 1971, or section 96 or 1061, he or she may serve the...

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

Martin Cullen: I move amendment No. 153: In page 76, after line 36, to insert the following: "PART 15 Light Railway and Metro 108.—(1) The following sections are substituted for section 66 of the Transport (Railway Infrastructure) Act 2001: 66.—(1) Bye-laws may be made— (a) by the Agency, in relation to a railway, or (b) with the consent of the Agency, by a railway undertaking in relation to a railway...

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

Martin Cullen: It depends which way one looks at it. The first part of the Deputy's proposal would have the effect of denying an authorised Luas staff member the power to clamp a vehicle which is in breach of by-laws or is otherwise causing a danger or nuisance. I note the Deputy is agreeable to such vehicle being towed away and clamped in another location as this is provided for in the subsequent...

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

Martin Cullen: I do not agree with the Deputy because we have moved to multiple new systems. Recently a person boasted about the number of times he had travelled on one of the systems without paying a fare. That is wrong even though the same numbers of inspectors as in the past are not available to provide a visible presence. People are on their honour. If they abuse the system, they must be hurt in some...

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

Martin Cullen: I move amendment No. 154: In page 76, after line 36, to insert the following: "Increase of fines. 109.—Parts 4 and 5 of the Transport (Railway Infrastructure) Act 2001 are amended by substituting in—— (a) section 54(6), "€1,000" for "€600 (£472.54)", (b) section 56(2), "€3,000" for "€2,500 (£1968.91)", (c) section 59(3), "€1,000" for "€600 (£472.54)", (d) section 60(4),...

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

Martin Cullen: I move amendment No. 155: In page 77, between lines 21 and 22, to insert the following: " 52 & 53 Vict. c. 57 Regulation of Railways Act 1889 Sections 5 and 6 "

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

Martin Cullen: I move amendment No. 156: In page 77, between lines 26 and 27, to insert the following: " No. 19 of 1958 Transport Act 1958 Section 9 No. 14 of 1971 Transport (Miscellaneous Provisions) Act 1971 Sections 22 and 29 "

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

Martin Cullen: I move amendment No. 157: In page 77, line 27, column 3, after "Section" to insert "10 and".

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

Martin Cullen: I move amendment No. 158: In page 77, line 28, column 3, to delete "and 51" and substitute ", 51 and 57".

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

Martin Cullen: I move amendment No. 159: In page 78, to delete lines 20 to 22.

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