Paddy Burke (Fine Gael)

I move amendment No. 3:

In page 4, subsection (4), lines 3 to 5, to delete ", to avoid the impairment or interference with the driving capacity or capabilities of the driver of a mechanically propelled vehicle,".

Section 3(4) states, "The Minister may, to avoid the impairment or interference with the driving capacity or capabilities of the driver of a mechanically propelled vehicle, make regulations in relation to the restriction or prohibition in mechanically propelled vehicles in public places [of the use of certain listed equipment]". This could leave a loophole in that the Minister is using the word "avoid". There is no need for the legislation to state this and we do not legislate in that fashion. The loophole could be exploited in the courts, as has often occurred in respect of other legislation, because the State is listing a reason in the Bill. I hope the Minister of State will accept my amendment.