Pat Gallagher (Donegal South West, Fianna Fail)

I held my response until the Senator moved amendment No. 8. I do not disagree with him but we are dealing with the issue. The authority will be designated an approved body to issue instruction certificates envisaged under section 18 of the Road Traffic Act 1968, as amended by section 19 of the Road Traffic Act 2002. In accordance with regulations made under these provisions, which will provide for the matters referred to in the proposed amendment, other than the regulation of driving schools and the retraining of instructors, section 4(1) states the road safety authority will have functions in respect of the registration of instructors which will be designated in regulations made under the Road Traffic Acts. The authority will be an approved body that can issue instruction certificates for the purpose of regulating driving instructors.

There is no power in the Road Traffic Acts to regulate driving schools. This should not be a matter for the road safety authority because it can be dealt with under company law. As I pointed out to Senator Wilson, I explained on Second Stage that there would be a short period for a derogation. If we were to introduce it immediately there would be no opportunity for learner drivers to take instruction. When this is in place it will not be a matter of instructors qualifying and being issued with a certificate. They will be check tested at regular intervals and, if found not to meet the required standard, will be removed from the register. Instructors will have to take appropriate steps to bring the quality of their instruction up the required standard. The principle of what Senator Burke proposes in amendment No. 8 is enshrined in the Bill, apart from the regulation of driving schools which is dealt with under company law and other Acts.