Pat Gallagher (Donegal South West, Fianna Fail)

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 "for" holding a licence, or being disqualified "for" applying for a licence. This form of terminology has stood the test of time. I am advised that it is the correct legal terminology. When licence holders are disqualified from driving, they are disqualified "for" holding the licence but are not disqualified from the entitlement to the licence, as it is returned to them after the period of disqualification has elapsed, when they again become entitled to the licence. If I were to accept this amendment, there might be a suggestion that people are disqualified "from" holding a licence and that it might not be possible to return it to them. I have been informed by the legal advisers that the correct terminology is being used.