Results 11,761-11,780 of 13,270 for speaker:Pat Gallagher

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

Pat Gallagher: The proposed new subsection (13) would have the effect of disqualifying a person in advance of a date specified in a notice under subsection (11), which is 14 days from the date of the notice. As the date of disqualification would be dependent on receipt of the notice, such a provision would be difficult, if not impossible, to enforce, it would be unwise to include it in the Bill. The Bill is...

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

Pat Gallagher: The notice will be issued by ordinary post and this could present a grey area. I will conduct discussions with the officials and legal advisers on this issue.

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

Pat Gallagher: I will have discussions on this issue and whether it can be proven easily. The Garda will be able to prove a notice was issued, but I take Senator McDowell's point and I will consider it.

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

Pat Gallagher: This is a drafting amendment.

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

Pat Gallagher: The Garda did not make a conscious decision that those who were at a level of between 80 mg and 100 mg of alcohol per 100 ml of blood should not be pursued. In the past, legislation stated clearly that a garda had to form an opinion on the level of alcohol consumed. I do not know of any cases of people who were not pursued at the level suggested, however, perhaps Senator McDowell does through...

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

Pat Gallagher: Any information, not of a sensitive nature, that is available to me will be made available to the House. It would be interesting to have a benchmark against which to measure the effectiveness of the new legislation so that we could compare statistics with those prior to the enactment of this Bill.

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

Pat Gallagher: I would hope the situation as outlined in section 5(16)(a) is relatively clear. The section states: The Minister for Justice, Equality and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person, of any of the functions of a member of the Garda Síochána relating to...

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

Pat Gallagher: This is an amendment to correct a typographical error.

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

Pat Gallagher: This section deals with the removal of disqualification orders in cases where a person has been disqualified from holding a licence for a period of more than two years and where the order is the first such order made in respect of that person within a period of ten years. The Bill provides that a person to whom this section applies may at any time, following the completion of half the period...

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

Pat Gallagher: There is a link between this amendment and the previous amendments. Proposed amendment No. 59 in the name of Senator Paddy Burke represents a fundamental change to the current provision for an applicant to apply for the removal of a disqualification. The Bill has made it more difficult to get a driving licence back after disqualification by ensuring that such disqualification is at least...

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

Pat Gallagher: We believe it is very important that gardaí have flexibility with the time factor. There is nothing in the legislation that states that authorisation should be presented if requested, but there is nothing to stop gardaí from showing an original or certified copy to the individual who has been stopped for a random breath test. On Second Stage, I stated that there would be guidelines from the...

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

Pat Gallagher: I have been told that the guidelines will be more specific and that they will indicate very clearly where the tests should be carried out. It could be one or more places within that period of time. Does that answer the Senator's question?

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

Pat Gallagher: The authorisation would state that and it could indicate that authority has been given to the garda to carry out a mandatory alcohol test at one or more than one location during that period. That would have to be worked out. If the Senator could indicate the practicalities or the inefficiencies in the system, I would communicate with him on that issue.

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

Pat Gallagher: It would have a much more general use. If it were only to be applied at specific times such as after a concert, late at night or after functions, we would lose out on the impetus of this measure. Such testing could happen at any time. While the official words used are "mandatory alcohol testing", the common use of the words "random breath testing" suggests it could be carried out at any time...

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

Pat Gallagher: When this issue was debated initially there was a question mark over whether we could do this or whether it would be constitutional to do so. Our advice now is that to do this, such testing must be prescribed and authorised by an officer of the rank of inspector or chief superintendent. This requirement is to circumvent the danger that existed at all times, namely, the suggestion that it was...

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

Pat Gallagher: The implementation of this provision would be a matter for the Garda Commissioner who would delegate authority, and guidelines will be drawn up to assist in this regard. Such testing will be totally random. This is a matter for the Garda. It will have to use its resources to the full. There will be times of the day, weekend or year that the incidence of such testing will be much higher than...

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...