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Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Ivor Callely: This is a minor technical amendment to which I ask the House to agree.

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Ivor Callely: This is a minor technical amendment that corrects a cross-reference.

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Ivor Callely: This amendment falls into the same category in that it is a technical amendment to correct a cross-reference.

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Ivor Callely: Amendments Nos. 13 and 14 involve drafting changes. Amendment No. 13 proposes to simplify the text of the new section I introduced in amendment No. 48 on Committee Stage by removing the distinction between road and rail bridges. This issue was discussed in the House. The offence and reporting requirements regarding bridge strikes by heavy goods vehicles are the same whether the bridge is a...

Written Answers — Road Safety: Road Safety (22 Nov 2005)

Ivor Callely: Mobile phone use while driving a motor vehicle is under examination in my Department in the overall context of in-vehicle information and communications technologies. Subject to the outcome of that examination, it is my intention to include proposals related to the use of mobile phones by drivers in the next appropriate Road Traffic Bill.

Order of Business. (16 Nov 2005)

Ivor Callely: I did not say that.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: This is a technical amendment to include in section 3 a reference to the commencement order provision in section 92.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: I apologise. It is normal practice to provide that commencement orders do not need to be confirmed by a resolution of each House of the Oireachtas.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: This amendment relates to certain miniature railways operating in fairground type situations. It is self-explanatory and gives discretion to the commission to apply the provisions of the Bill where it feels that the risk involved in the operation of such a miniature railway is more akin to general railway risk than to that of afunfair ride.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: This amendment addresses a proposal made on Report Stage in the Dáil to place the Irish language version of the names of the commission and the advisory council before the English versions.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: The purpose of this amendment is to update section 10 of the Bill in light of the enactment of the Safety, Health and Welfare at Work Act 2005. This required updating the reference to the Health and Safety Authority arising from the 2005 Act. We are deleting the paragraph referring to making an agency agreement. The agency agreement concept in the Health and Safety Act 1989 is not repeated in...

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: This matter was raised by a number of Members, including Senator Paddy Burke. I am pleased to move this amendment to delete the references to the Civil Service and Local Appointments Commissioners. The Public Appointments Service is now the appropriate body to select candidates for appointment as commissioners or staff of the commission.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: The Senator has made a good point. I am led to believe this is an all-inclusive provision rather than an actual set target. The commission is being given the provision to borrow. While we would not be au fait with the circumstances that may arise in the future, this gives it the safety net should it be required.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: I would like to think the provision would never need to be utilised and that the Houses of the Oireachtas and any other body would be able to react sufficiently quickly to a commission request thereby avoiding the need for such borrowing. For example, an inquiry could take place at a time when, for one reason or another, the commission's budget was exhausted. We know the bureaucratic system....

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: I thank Senator Burke for proposing this amendment because it teases out this issue on which I know other Members also have concerns. The issue is tied to Senator Burke's inquiries re his previous amendment relating to appointments to the commission. On the matter of the provision of information to the Houses, I draw the Senator's attention to the fact that this Bill includes a range of...

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: I thank Senators Dooley and Paddy Burke for their comments. I acknowledge Members experience difficulties in this area and I recall having difficulty and being frustrated when tabling parliamentary questions in the past. However, perhaps this Bill is not the place to try and change what we clearly acknowledge and recognise as a bigger issue. I draw to the Senators' attention that the Bill...

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: This is simply a technical amendment to change a reference in section 43(5) from "7 days" to "21 days", in line with a similar amendment that was made to section 42(6) on Report Stage in the Dáil.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: I hope this group of straightforward amendments, which has been suggested by the Office of the Chief Parliamentary Counsel to improve or correct the text of the Bill, can be approved without delay.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: I would like to take this opportunity to thank the Members of the House, particularly Senators Wilson and Paddy Burke, for bringing some issues relating to this Bill to my attention. Although a number of similar amendments were made on Report Stage in the Dáil, the amendments in the group before the House were not identified until the Bill came to the Seanad. I thank the Senators in question...

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Ivor Callely: I thank Senator Paddy Burke for tabling this amendment, which has given me an opportunity to revisit sections 53 and 54 of the Bill. My officials and I discussed at length the issue of the reporting of risk by the staff of railway undertakings and contractors. I draw the Senator's attention to section 54(3) of the Bill, which is important. The section states: Where a member of staff of a...

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