Seanad debates

Wednesday, 19 January 2011

Road Traffic Bill 2011: Report Stage

 

4:00 pm

Photo of Feargal QuinnFeargal Quinn (Independent)

I move amendment No. 1:

In page 3, line 15, after "liquor," to insert "or".

Someone other than the Minister for Transport was present when Senator Donohoe pointed out how every Road Traffic Act was challenged. It seems to be challenged whenever someone can find a tiny loophole in it. As drafted, section 2 sounds grammatically correct. It reads:

This section applies to a person in charge of a mechanically propelled vehicle in a public place who, in the opinion of a member of the Garda Síochána--

(a) has consumed intoxicating liquor,

(b) is committing or has committed an offence under the Road Traffic Acts 1961 to 2011,

(c) is or has been, with the vehicle, involved in a collision, or

It is essential to include the word "or" after paragraph (b), although I am unsure about whether it should be inserted after paragraph (a). If it must be included once, it should be included after paragraph (b). I will listen to the argument about whether it is needed after paragraph (a). I am convinced the provision included in this section will be challenged. I do not want someone to claim he or she did not commit all four acts and, therefore, is not guilty. It is essential that the word "or" is included after paragraphs (a) and (b) to make the provision foolproof, tight, robust and enforceable, which the Minister is anxious should be the case.

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