Seanad debates

Tuesday, 20 November 2007

Local Government (Roads Functions) Bill 2007: Committee and Remaining Stages

 

5:00 pm

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)

I thank Senator Alex White and his colleagues Senators Hannigan, McCarthy, Ryan, Prendergast and Kelly for this amendment. The Senator is correct that the amendment is perceived as superfluous and this is often a problem. Under section 12(1) of the Roads Act 1920, the Minister for the Environment, Heritage and Local Government has the power to make regulations relating to a number of areas. These areas include changes to vehicle ownership, the issue, inspection and surrender of vehicle registration certificates, applications for motor tax discs, the issue of motor tax discs, the issue of replacement motor tax discs, the defacement etc. of motor tax discs, the change of use of vehicles and the alteration of vehicles. The Minister for Transport is assuming responsibility for the national vehicle and driver file so functions relating to changes in vehicle ownership and the issue, inspection and surrender of vehicle registration certificates are transferring to that Minister.

The purpose of section 2 is to provide a statutory basis for the Minister for Transport to make regulations in respect of these functions. The Minister for the Environment, Heritage and Local Government will retain the power to make regulations under the 1920 Act, which I took the trouble to dig out, in respect of his remaining functions. These functions relate to applications for motor tax discs, issue of motor tax discs, issue of replacement motor tax discs, defacement etc. of motor tax discs, change of use of vehicle and alteration of vehicle. If I understand the Senator's concern, he seeks to ensure that under section 12(1) of the 1920 Act the Minister for the Environment, Heritage and Local Government can continue to make regulations in respect of the functions being retained by him. I am assured the Minister for the Environment, Heritage and Local Government will continue to have power under the 1920 Act to make regulations in respect of his retained functions. The amendment, as proposed, would simply repeat the power already in the 1920 Act for the Minister for the Environment, Heritage and Local Government to make regulations and, in the circumstances, the word the Senator used — "superfluous" — is appropriate. I regret I cannot accept the amendment.

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