I move amendment No. 1:
In page 11, line 29, to delete the words "Locomotive drivers and".
Transport (Miscellaneous Provisions) Bill, 1971: Report and Final Stages.
Amendments 1, 2, 3 and 4 are related. Perhaps, they could all be discussed together?
Yes. The Minister has been good enough to meet the case I made on Committee Stage for which I am grateful to him. The existing locomotive drivers were extremely perturbed about the Bill. I propose to withdraw my amendment and to thank the Minister but, perhaps, he would be so good as to tell us, for the record, what is the relevance of the 4th October, 1968? I take it that from that date on some arrangement was made.
As Deputy O'Donovan has said, amendment No. 4 meets the point of view expressed by him and by other speakers, including Deputy O'Donnell, on Second Stage and on Committee Stage that it would be inequitable to make this new periodic medical test applicable to existing drivers. It was said that this was an excellent idea from the point of view of safety and should certainly apply in the interests of safety to new entrants into locomotive driving. The purpose of the amendment is to ensure that it does apply to new entrants and does not apply to locomotive drivers who were employed as locomotive drivers by the board prior to 4th October, 1968. The purpose of that is that since that date entrants into locomotive driving have, by their employment agreements with the company, agreed to abide by both an entrance test and periodic medical tests. What we are, in effect, doing in the section, as now amended, is giving statutory effect to a situation that has existed by way of agreement between the proposed entrants into locomotive driving and the company since 4th October, 1968. Locomotive drivers employed before that date come within the exemption which was envisaged by Deputy O'Donovan's amendment and it is put into effect by my proposal.
This is quite clear and I am grateful to the Minister.
Mr. O'Donnell
I think I should not let the occasion pass without making a brief comment. The Minister has not met the case made in the amendments tabled on Committee Stage by Deputy Dr. Browne and myself. However, he has reached a compromise which I think is sensible.
He has gone a great deal further.
Mr. O'Donnell
He has not, in fact.
He has, in fact.
Mr. O'Donnell
As has been pointed out to me within the last hour, there are now two standards of test to be in operation—one for existing drivers and another for new entrants. However, taking all the circumstances into account, I think the Minister has arrived at the only possible solution to the problem and I am satisfied to the extent that the drivers who were seriously concerned about the implications of section 29 in regard to their future livelihood have had their fears allayed by this. I am grateful to the Minister for having at least gone as far as I am sure he could go on this occasion.
Amendment, by leave, withdrawn.
Amendments Nos. 2 and 3 not moved.
I move amendment No. 4:
In page 11, between lines 48 and 49, but in section 29, to insert the following subsection:
"( ) This section shall not apply to persons—
(a) who were employed as locomotive drivers by the Board before the 4th day of October, 1968, or
(b) who were being trained to drive locomotives by the Board before that date."
Amendment agreed to.
Bill, as amended, received for final consideration.
Question—"That the Bill do now pass"—put and agreed to.