Paschal Donohoe (Fine Gael)

I move amendment No. 4:

In page 4, to delete lines 43 to 46 and substitute the following:

"A member of the Garda Síochána shall, upon making a requirement under this section, inform the person of whom the requirement is made, in clear language, that if he or she fails to comply with the requirement he or she shall be guilty of an offence.".".

The Minister made the point in his Second Stage speech that this section was about influencing behaviour and ensuring people know what is expected of them. This is new legislation and the purpose of this amendment is clarify the position. If a collision occurs and a garda issues a direction to the person involved to do something for him or her, does the garda need to make clear that if the person does not obey he or she will be breaking the law and the garda has the ability to sanction the person? If I compare the language in this Bill to the legislation dealing with public order and the regulation of begging that is going through the Dáil, a garda who asks a person to move on must make it clear that if the person does not do so, the person will be breaking the law and liable to sanction. I am not sure in this legislation whether a garda is required to make it clear to a person who has been involved in a collision or an event on the road that if they do not do what is asked of him or her, the person will be breaking the law and, therefore, subject to arrest or sanction by the garda. The objective of this amendment is that a garda would be compelled to tell a person involved in the collision that if he or she does not do what is required of him or her, the person will be breaking the law and therefore subject to sanction under the law.