Results 11,721-11,740 of 13,214 for speaker:Pat Gallagher

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: To respond to Senator Quinn's point, I do not know the position on compulsory testing at the scene of an accident in other countries. If that is the position, it does not necessarily follow that we would adopt that position. I am satisfied that if one is ill, what is paramount at that stage is the health and well-being of the individual. If a test is required, it can be carried out in the...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: If one is not prepared on the roadside to take the test one breaks the law and is brought to the Garda station where the gardaí may request that one give a blood or urine sample. Refusing to give the sample is an offence and one can be brought to court and may lose one's licence. If Senator Paddy Burke, or any other Senator, is stopped and asked to submit to a mandatory alcohol test, when he...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: One is disqualified only on refusing to submit to an evidential test. There is no disqualification for refusing the mandatory alcohol test. I cannot conceive of a situation in which the gardaí would dismiss one for refusing to submit to a mandatory alcohol test on the side of the road. They would bring one to the nearest Garda station and ask one to provide the blood or urine sample which...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: I do not see much that is new in this provision. The only new feature is that in the past if a garda decided to apprehend one he had to form the opinion that one had consumed alcohol. The garda does not have to form that opinion now but can ascertain this by way of random testing. In extenuating circumstances when one does not comply with the test, and the test on the side of the road...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: Amendment No. 25 proposes that in addition to the fine or term of imprisonment, a convicted person could be disqualified from driving for a period not exceeding two years. This proposal would mean that a court would have the discretion to apply either of the penalties or the disqualification as it saw fit. I will refer to the Road Traffic Acts which include a number of provisions to deal with...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: The checkpoint must be in a public place and the vehicle must be stopped at the location indicated in the authorisation. The definition of checkpoint is defined in previous Road Traffic Acts. The section provides that the establishment of checkpoints for mandatory alcohol tests can only be pursued on specific written authorisation of an officer of the Garda Síochána not below the rank of...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: A pub car park is not a public place.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: There is separate legislation to deal with that. The checkpoint may be on the side of a road, but it must be in a public place.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: We have all heard that in our public lives. I have been approached by many people making such a case. It is against the law to be drunk in charge of a vehicle. One does not necessarily have to be driving while drunk. It would be unusual for a person who wants a rest to sit in the driving seat. One would imagine that a person who wants to sleep would sit in the back seat or the passenger seat....

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: We need to strike a balance between the carrot and the stick. Senator Burke has mentioned a carrot. I am sure people in every pub who wish to act responsibly but cannot avail of a booze bus are capable of lifting the telephone to get a taxi to take them home. When the Garda starts to implement this new measure, it will have a major deterring effect. The provision of booze buses is very...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: While I am not accepting the amendment, I believe it has a great deal of merit. I have suggested in this House on numerous occasions that we could deal with matters of this nature by introducing a fines Bill. I understand it is proposed to introduce such a Bill at some time in the future. Such legislation would deal with problems involving the fines provided for in many Acts. The level of...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: Amendment No. 35 basically proposes that section 5(5) should state that "the person shall be disqualified from holding a driving licence" rather than "the person shall be disqualified for holding a driving licence". The terminology proposed in the amendments in this grouping is contrary to the terminology used since 1961 in the Road Traffic Acts, which refer to a person being disqualified...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: Amendment No. 39 is a technical drafting amendment that proposes to incorporate in section 5(6) the phrase "is eligible to be served", which was omitted from the printed version of the Bill. Amendment No. 38 tabled by Senator Paddy Burke pertains to the same issue as Government amendment No. 39. I am advised by the parliamentary draftsman that the Government amendment has the appropriate...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: I am considering this amendment and am in consultation with the Parliamentary Counsel. I ask the Senator to give me the opportunity to come back to him on Report Stage.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: Before I make a final decision in this regard, I should state that the section provides that where a motorist has been detected with a level of not more than 100 mg of alcohol per 100 ml of blood, or the equivalent levels in urine or breath, he or she will be offered the opportunity to pay a fixed charge of €300 and to accept a driving disqualification of six months. However, as the Bill...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: I will give the matter some thought. In particular, I will consider the point at which an individual should be made aware of this provision. I refer to a person who has been found, after being tested on the side of the road and further evidential tests, to be under the level of 100 mg of alcohol per 100 ml of blood. It would be somewhat impractical for the State to be responsible for this....

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: Such information is available from the national driver file, which is the responsibility of the Department of the Environment, Heritage and Local Government. However, both the Garda and the Department of Transport have access to that file.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: Such information is available on the driver file.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: We are committed to the Irish language on both sides of the House and want to use it as much as possible. However, in these circumstances the English version, involving the use of the word "the", is used, as is the normal practice. "The Garda Síochána" is used in all Bills passed in both Houses. This has been the standard practice since 1961 and was not introduced by me. The Bill will be...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Pat Gallagher: There could be operational circumstances in which a driver of a Garda car, ambulance or fire brigade vehicle would need to use a hand-held mobile phone "in the performance of his or her duties". It is for this reason that drivers of essential service vehicles have limited exemption from the prohibition on holding a mobile phone while driving. The exemption is strictly controlled and only...