David Norris (Independent) | Oireachtas source

I concur with Senator Barrett. I have been a sometime smoker. While these are not my words, I defend my right to use them if I felt like it. A well-known English writer described how she was in London and she was driving. She dropped her cigarette, as she said herself, on to her fanny and nearly crashed the car. I had the experience of dropping it on to my fly and one wants to get rid of that pretty quickly. It certainly interrupts one's driving skill. So there is undoubtedly a question of safety there.
Is the prosecution evidence based? Senator Barrett referred to throwing the butt out of the window. Is there a requirement to produce the cigarette or ash, or is it just the word of the police? Is there any evidential qualification?
The Minister proposes to insert: "Where a person who contravenes subsection (1)is not the driver of the mechanically propelled vehicle concerned, the driver shall also be guilty of an offence." I was thinking of taxis. Particularly on weekend nights in metropolitan areas and perhaps in the country, taxi drivers often have very obstreperous and drunken or drugged passengers in the back seat and could be at risk of their lives. I note that subsection (a) states: "was, by reason of his or her driving of that vehicle, unable to prevent the commission of the alleged offence under subsection (2)by another person in that vehicle". So I presume that would cover taxis also.
I wonder about the term "reasonably believed". Is there a legal definition of "reasonably" - there may well be - or is it left up to the judge, who might be a secret smoker and have sympathy with somebody?
Amendment No. 4 states: "A member of the Garda Síochána may". Since becoming a Member of this House we have had battles between "may" and "shall". I am suggesting a kind of Anglican solution - the via media- of "should, where possible", which would strengthen it. Perhaps the Minister does not want to take amendments here because he wants to get it through. However, he might bear it in mind and include it as a Government amendment in the Dáil. Inserting "shall, where possible" puts an extra onus on the garda to be vigilant.
While perhaps I should already know this, what is the fixed charge? I note it is not quantified, but it may be just a routine charge that is in other Bills. It is referred to subsequently as a class D fine. Is it €25, €100 or €500 with an option of a week in jail? Perhaps the Minister could give us information on that. What is the fixed charge? I presume it is the same as a class D fine.