Bertie Ahern
Question:189 Mr. B. Ahern asked the Minister for the Environment the length of time the Medical Bureau of Road Safety was in existence without a chairman being appointed; and when the current chairman was appointed. [22824/96]
Written Answers. - Medical Bureau of Road Safety.
Bertie Ahern
Question:190 Mr. B. Ahern asked the Minister for the Environment when his attention was drawn to the fact that there was no chairman of the Medical Bureau of Road Safety. [22825/96]
Bertie Ahern
Question:191 Mr. B. Ahern asked the Minister for the Environment the number of certificates which issued pursuant to the Road Traffic Acts in excess alcohol cases during the period when no chairman of the Medical Bureau of Road Safety was appointed by him. [22826/96]
Bertie Ahern
Question:192 Mr. B. Ahern asked the Minister for the Environment in view of the fact that the last chairman of the Medical Bureau of Road Safety died in February 1996, the reason it took so long for the appointment of a new chairman in view of the important role the bureau plays in relation to prosecutions for excess alcohol cases. [22827/96]
Bertie Ahern
Question:193 Mr. B. Ahern asked the Minister for the Environment if the board of the Medical Bureau of Road Safety contacted him or his Department following the death of the last chairman; and, if not, the reason therefore. [22828/96]
I propose to take Questions Nos. 189, 190, 191, 192 and 193 together.
The Medical Bureau of Road Safety is required by the Road Traffic Act, 1968, to consist of not less than three and not more than five members, appointed by the Minister. The bureau's establishment order provides that one of the members is to be appointed by the Minister as chairman.
The chairman of the bureau, Dr. Robert Carroll, died on 16 February 1996 and my Department was notified of this by the bureau at the time. On 25 April 1996, I appointed one of the remaining four members, Mr. G. Maher, as chairman. Mr. Maher served as chairman until 5 September 1996 when the current chairman, Dr. Bernadette Herity, was appointed. The appointment of a fith member of the bureau will be made shortly following receipt on 15 November of nominations by the Irish Medical Organisation.
A total of 913 certificates was issued in the period 16 February to 25 April 1996 where, on analysis, it was determined that the specimen contained a concentration of alcohol in excess of the maximum permitted level. These certificates were issued by the director of the bureau, or by one of the duly appointed deputy directors, each of whom is authorised by law to issue such certificates under the seal of the bureau. The director is responsible under the Acts for managing the day-to-day business of the bureau and for exercising general supervision in relation to the performance by it of its statutory functions. It is not the practice, therefore, to have certificates completed, issued, signed, or sealed by the chairman. Moreover, no question relating to any such certificate came before a meeting of the bureau in the period referred to.
The bureau's establishment order provides that the proceedings of the bureau shall not be invalidated by any vacancy or vacancies among its members and that the quorum for a meeting of the bureau shall be two. The order also provides that, if the chairman is not present at a meeting of the bureau, the members of the bureau who are present shall choose one of their number to be chairman of the meeting; this procedure was followed in the period 16 February to 25 April 1996.
It is clear from the foregoing that the bureau is validly constituted, and has been throughout 1996.