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Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: A garda would surely be able to have an opinion as to whether a person was genuinely having a health issue. Would a garda not be able to make a call on whether a person was having a health issue?

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: A garda could bring the person to a doctor or a hospital.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: Perhaps we will consider that point on Report Stage.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: The Office of the Attorney General included the provision at sections 2(10) and 3(9) specifically to address possible challenges and prosecutions for an offence, for example, under sections 49(1) and 50(1) of the principal Act where the requirement to provide a preliminary breath specimen is not required. Those particular sections provide for the offences of driving or attempting to drive a...

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: I had a breath test quite recently and a garda does that as a matter of course and that will continue to be done.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: A person is asked to do it under the law.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: The person is asked to provide the specimen under the road traffic legislation.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: A person would have to meet any one of the four.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: It is a grammatical issue and we are satisfied that it is covered and that paragraph (a), (b), (c) or (d) means paragraph (a) or (b) or (c) or (d).

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: If someone went into a restaurant, he would be asked if he wanted tea, coffee, orange juice or milk. Only one "or" is needed but the person would have a choice of four items.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: That is what it means - any one of the four. It is technically correct to say the "or" covers all of them.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: The Attorney General is satisfied this is covered.

Seanad: Road Traffic Bill 2011: Second Stage (19 Jan 2011)

Áine Brady: Before responding I thank Senators for taking the necessary time to consider the provisions of this very important Bill. As always this House provides an excellent forum for examining the provisions of legislation and the space to have an informed debate on all kinds of issues, including the vital provisions of road traffic legislation. The Road Traffic Bill 2011 will allow for the early...

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: Previous advice from the Office of the Attorney General advised against introducing such a term of imprisonment in summary trial cases as to do so would run contrary to the overall intention of such trials, would be disproportionate and would have wider implications for other legislation. The only instance in road traffic legislation where a term of imprisonment of 12 months is provided for...

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Áine Brady: The proposed amendment to delete subsection (6) of section 2 will make it mandatory that a person who, in the opinion of a member of the Garda Síochána, has consumed intoxicating liquor to provide a preliminary breath specimen, even where such a demand may be prejudicial to the person's health. The amendment also provides that where a doctor or other medical personnel attending the scene...

Health Care Services: Motion (18 Jan 2011)

Áine Brady: I wish to support my colleague, the Minister for Health and Children, Deputy Mary Harney. In particular I wish to address the issue of acute hospital services and emergency departments. Emergency departments are the front line for our health services and have a higher public awareness profile than virtually any other service. Approximately 1.2 million individual presentations were made...

Written Answers — Health Services: Health Services (18 Jan 2011)

Áine Brady: As this is a service matter it has been referred to the Health Service Executive for direct reply.

Written Answers — Health Services: Health Services (18 Jan 2011)

Áine Brady: Dementia is a most distressing condition both for those suffering from it and their families, and presents a significant and growing challenge to health and social services. Alzheimer's disease represents about 70% of the cases of dementia. People are living longer and as a consequence are more likely to develop some form of dementia. While dementia is not solely related to age, the...

Written Answers — Health Services: Health Services (18 Jan 2011)

Áine Brady: As this is a service matter it has been referred to the Health Service Executive for direct reply.

Written Answers — Nursing Homes Support Scheme: Nursing Homes Support Scheme (18 Jan 2011)

Áine Brady: As this is a service matter it has been referred to the Health Service Executive for direct reply.

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