Results 7,641-7,660 of 10,035 for speaker:Martin Cullen

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: There is established precedent in other legislation for the High Court to be given the discretion to allow, or not to allow, an appeal to the Supreme Court on a point of law. That discretion is there to ensure that the limited resources of the Supreme Court are not taken up by groundless appeals. I am reluctant to interfere with or restrict that discretion, particularly in light of the...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: It is clear that the Judiciary is totally independent in its functions from the Oireachtas or the Executive. I am not trying to limit people's rights under the law.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: No. The courts can decide whether a decision can be appealed.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: If we declare open season for people to try to appeal High Court decisions to the Supreme Court, it is reasonable that we should ensure there are reasonable grounds for the appeal. We should not have an open season that automatically allows everything decided on in the High Court to be sent to the Supreme Court. Such an approach would cause the entire system to become clogged up and we would...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: That may be the case.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: That is a fair point, although it is part of a wider debate. I have outlined my position on the issue as it applies to this legislation.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 23: In page 28, line 1, to delete "bring into operation" and substitute the following: "commence construction, installation or assembly of". The amendments before the House make a number of changes to sections 42 and 43 of the Bill, which relate to the approval of new works and rolling stock by the commission. The purpose of the amendments is to make sections 42 and 43...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment 24: In page 28, lines 14 to 16, to delete all words from and including "the" where it firstly occurs in line 14 down to and including "safety," in line 16 and substitute the following: "a new works assessment, or in a revised new works assessment under subsection (3), is not adequate, or the Commission is not satisfied—— (a) that the proposed method of construction,...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 25: In page 28, to delete lines 22 to 26 and substitute the following: "(4) Where, on the basis of the information contained in a new works assessment or in a revised new works assessment under subsection (3), the Commission is satisfied—— (a) that the proposed method of construction, installation or assembly is adequate to ensure, in so far as reasonably practicable,...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 26: In page 28, line 27, to delete "7" and substitute "21".

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 27: In page 29, to delete lines 13 to 18 and substitute the following: "(10) It shall be the duty of the Commission to ensure that it carries out its functions under this section as expeditiously as may be, and for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in its...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 28: In page 29, line 34, to delete "Commission" and substitute the following: "Minister, after consultation with the Commission and railway undertakings".

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 29: In page 29, between lines 34 and 35, to insert the following: "(14) Where a railway undertaking proposes to replace the gates at a specific level crossing with barriers, lights or other automatic devices or appliances, and (a) it has submitted a new works assessment in respect of those works which has been accepted by the Commission under subsection (4), or (b) where...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: The amendment seeks to cover a continuation of upgrading of gates. Many unsafe manually operated gates have been removed. The measure is to allow for this. Administratively, it is cumbersome when dealing with such gates to seek all the necessary approvals. This should be dealt with as satisfactorily as other issues have been dealt with.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: That is correct.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 30: In page 31, to delete lines 1 to 6 and substitute the following: "(10) It shall be the duty of the Commission to ensure that it carries out its functions under this section as expeditiously as may be, and for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in its performance...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 33: In page 40, line 13, after "injury" to insert the following: "or extensive damage to railway infrastructure or rolling stock or the environment". On Committee Stage Deputy Naughten made useful suggestions related to notification of railway accidents. These amendments are intended to address the issues raised by the Deputy. Amendment No. 33 which amends section 51(d)...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I thank the Deputy.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 34: In page 40, line 14, after "Commission" to insert "or the Minister".

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 35: In page 40, line 23, after "means" to insert the following: "(or within such timeframe as may be specified by the Investigation Unit)".