Road Traffic (No. 2) Bill 2011 [Seanad]: Report and Final Stages

Bill recommitted in respect of amendment No. 1.

I move amendment No. 1:

In page 14, between lines 25 and 26, to insert the following:

10.—The Act of 2010 is amended in section 65 by inserting after subsection (3) the following:

"(4) For the purposes of section 26 of, and the Second Schedule to, the Principal Act (inserted by this section)—

(a) the reference to section 4 of the Road Traffic Act 2010 in—

(i) paragraph 4 of the Second Schedule to, and

(ii) section 26(4)(a)(i) and 26(4)(b) of,

the Principal Act shall be deemed to include a reference to section 49 of the Principal Act,

(b) the reference to section 5 of the Road Traffic Act 2010 in—

(i) paragraph 5 of the Second Schedule to, and

(ii) section 26(4)(b) of,

the Principal Act shall be deemed to include a reference to section 50 of the Principal Act,

(c) the reference to section 5(1) of the Road Traffic Act 2010 in section 26(4)(a)(ii) of the Principal Act shall be deemed to include a reference to section 50(1) of the Principal Act,

(d) the reference to section 12 of the Road Traffic Act 2010 in—

(i) paragraph 6 of the Second Schedule to, and

(ii) section 26(4)(a)(v) of,

the Principal Act shall be deemed to include a reference to section 13 of the Road Traffic Act 1994, and

(e) the reference to section 14 of the Road Traffic Act 2010 in—

(i) paragraph 6 of the Second Schedule to, and

(ii) section 26(4)(a)(v) of,

the Principal Act shall be deemed to include a reference to section 15 of the Road Traffic Act 1994.".".

Recommital is necessary because I wish to include an amendment to section 65 of the Road Traffic Act. The amendment to section 65 essentially is a transitional measure that was drafted following consultation between my Department, the Office of the Attorney General and the Garda Síochána. While preparing for the changeover from the old to the new drink driving limits at the end of the month, my officials identified an issue in respect of the application of consequential disqualification orders following commencement of section 65 of the Road Traffic Act 2010. Section 65 substitutes section 26 of the principal Act and sets out the consequential disqualifications that will apply where intoxicated driving offences have been committed under sections 4 and 5 of the 2010 Act. At present, these offences arise under sections 49 and 50 of the principal Act. There was some concern that were proceedings under way in respect of offences that had been committed under sections 49 and 50, some difficulty might exist in applying the appropriate consequential disqualifications upon the commencement of section 65.

The advice of the office of the Attorney General was sought and as a result the agreed amendment explicitly refers in the provision to these offences under the old regime, mainly sections 49 and 50. This will ensure that the consequent disqualifications can apply in all cases as appropriate. In summary when we are making the transition from the old limits to the new limits no cases currently before the courts might escape through a loophole on the basis of the limits being changed. It is a technical amendment to apply belt and braces to that amendment.

Amendment agreed to.
Bill reported with amendment.
Bill, as amended, received for final consideration and passed.