Results 11,781-11,800 of 13,264 for speaker:Pat Gallagher

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...

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

Pat Gallagher: Perhaps there is some ambiguity in the thinking but, as far as I am concerned, the proposed section is very black and white. Subsection (4) recognises the need to have a broad, flexible legislative framework to regulate in-vehicle technologies for providing information, communication or entertainment for the purpose of restricting or preventing driver distraction associated with the use of...

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

Pat Gallagher: I am advised by the Parliamentary Counsel that he is satisfied that the correct use of singular or plural, or a mixture of both, is in conformity. I refer to an example relating to amendments Nos. 4 and 5. Subsection (5) gives wide discretion to the Minister regarding the scope of regulations to restrict or prohibit in-vehicle communication information and entertainment technologies....

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

Pat Gallagher: Senator Burke has proposed these amendments which relate either to commas or hyphenation in the Bill. I am again advised by the Parliamentary Counsel that the insertion of punctuation such as commas in the Bill is a technical drafting matter and therefore I cannot accept the amendments.

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

Pat Gallagher: Section 3(4) empowers the Minister to make regulations to restrict or prohibit the use of mobile phones, other communications equipment, and information and entertainment equipment by occupants of motor vehicles. This provision is important because it recognises the need to have a broad, flexible legislative framework to regulate in-vehicle technologies and information, communication or...

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

Pat Gallagher: I apologise in that I omitted to refer to subsection (1) which prohibits the holding of a mobile phone while driving a motor vehicle in a public area. The word "hold" is defined in subsection (9) as "holding the phone by hand or supporting it with another part of the body". This prohibition, it is clear, does not apply to hands-free mobile phones or two-way radios. Accordingly, mobile phone...

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

Pat Gallagher: It is, absolutely.

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

Pat Gallagher: He does not.

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

Pat Gallagher: My reply is similar to the earlier one involving a number of drafting amendments. I am advised as regards the substitution and deletion of words without any change in the context that I should not accept these amendments.

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

Pat Gallagher: I see where Senator Paddy Burke is coming from. However, if a Garda inspector, superintendent or someone of higher rank decides there should be mandatory alcohol testing between, say, 17:00 and 19:00 hours, I believe there is sound reason for providing some degree of flexibility. If a Garda testing unit is on the Castlebar-Westport or the Donegal-Ballyshannon road at a time when there is no...

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

Pat Gallagher: I am responding to amendment No. 32, which is linked, of course to amendment No. 31 tabled by Senator White. Both Senators referred to this matter on Second Stage. I want to refer to section 4 of the Bill, outlining the provisions on mandatory alcohol testing. Both Senators propose that the Bill should be further amended so that a driver involved in a road traffic accident shall be required,...