Road Traffic (Amendment) Bill 2017: Report Stage (Resumed)

Bill recommitted in respect of amendments Nos. 4 to 21, inclusive, and amendment No. 28.

I move amendment No. 9:

In page 3, line 15, to delete “(b) in” and substitute the following:

“ (ii) in”.

Amendment put.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

I move amendment No. 10:

In page 3, line 19, to delete (c) by and substitute the following:

"(iii) by".

Amendment put.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

Amendment No. 11 was discussed with amendment No. 4 so Deputy Fitzmaurice may move it but there can be no debate.

I do not agree that the amendment has been already discussed.

The Deputy may not agree but-----

I have tabled only one amendment to this Bill and I think it only fair that I be allowed to explain the reason for the amendment and that the Minister would give his reasoning for agreeing or not agreeing with it.

We are shutting down democracy in terms of what is being done.

It may well be. We had this debate last night.

I have spoken only once on this Bill.

I ask the Deputy to respect the Chair when the Chair is standing.

I do respect the Chair. For a person who does not get the opportunity of speaking too often------

Deputy Fitzmaurice has had ample opportunities to speak-----

Deputy Fitzmaurice, I have been in this House a long time. I am implementing the Standing Orders.

-----it is disgusting that I am being shut down in terms of discussing amendments.

I will have to deal with Deputy Fitzmaurice.

We should be allowed to represent the people we are supposed to be representing.

Deputy Fitzmaurice, please.

Will the Leas-Cheann Comhairle allow me to speak to the amendment?

The Chair is standing and when the Chair is standing no other Member should be. Let me explain. Whether or not Deputy Fitzmaurice likes it the position is that his amendment was already discussed with amendment No. 4. Time may be a factor but all I can do is implement the Standing Orders of this House.

Deputies

Hear, hear.

There can be no debate. The Deputy may only move his amendment.

I am listening to the Chair. I do not agree that I have already spoken to my amendment. What I was asked to speak on was the recommittal of the Bill.

No, this is not a recommittal.

I move amendment No. 11.

In page 3, between lines 19 and 20, to insert the following:

"(d) in subsection (7) by the insertion of the following:

"(aa) a fine of €500 for the first offence and there shall be no disqualification for the first offence, or",".

Amendment put.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

As fewer than ten Members have risen I declare the question lost. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared lost.

I move amendment No. 12:

In page 3, line 20, to delete "(d) in" and substitute the following:

"(iv) in".

Amendment put.

Deputies

Votáil.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

I move amendment No. 13:

In page 3, line 21, to delete "(i) by" and substitute the following:

"(I) by".

Amendment put.

Deputies

Votáil.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dail.

Amendment declared carried.

We will move to amendment No. 14 and I remind Deputies that there is no debate. I call on Deputy Mattie McGrath or Deputy Michael Healy-Rae to move it.

I move amendment No. 14:

In page 3, lines 25 to 27, to delete all words from and including "be" in line 25 down to and including "subsection (15)" in line 27 and substitute "incur 4 penalty points".

Could I just say on this if I will be allowed-----

Whether it is Deputy McGrath or Deputy Healy-Rae the rules are the same.

Yes but it is a very fair point. It is just-----

I consider this is something the Minister should seriously consider-----

I have told Deputy Healy-Rae we are not having a debate.

-----as a reasonable response to what he is proposing.

I have asked the Deputy to move the amendment. I will have to move on if he does not. Is he pressing amendment No. 14?

Amendment put.

Deputies

Votáil.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

As fewer than ten Members have risen I declare the question defeated. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared lost.

I move amendment No. 15:

In page 3, lines 25 to 27, to delete all words from and including “be” in line 25 down to and including “(15)” in line 27 and substitute “incur 3 penalty points and an obligation to undertake

10 driving lessons with a qualified instructor”.

Amendment No. 15 was discussed with amendment No. 4.

The Deputy cannot say anything. We have had the discussion and we cannot start it again.

We never heard from the Minister.

Deputy Danny Healy-Rae is not going to hear from him now. I am sorry, the debate is over. We have had the debate and we must proceed in accordance with proper procedure. That applies to all legislation and all amendments, no matter where they come from. Is the Deputy moving the amendment?

Amendment put.

Deputies

Votáil.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Danny Healy-Rae, Michael Healy-Rae, Mattie McGrath and Michael Fitzmaurice rose.

As fewer than ten Members have risen I declare the question defeated. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared lost.

Amendment No. 16 has been discussed with amendment No. 4. Is the Minister moving amendment No. 16?

I move amendment No. 16:

In page 3, line 29, to delete “(ii) in” and substitute the following:

“(II) in”.

Amendment put.

Deputies

Votáil.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

I move amendment No. 17:

In page 3, to delete lines 31 and 32, and in page 4, to delete lines 1 to 14.

Amendment put.

Deputies

Votáil.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

As fewer than ten Members have risen I declare the amendment defeated. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared lost.

I move amendment No. 18:

In page 3, line 31, to delete “(e) in” and substitute the following:

“(v) in”.

Amendment put.

Deputies

Votáil.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae, and Mattie McGrath rose.

As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

I move amendment No. 19:

In page 4, line 6, to delete “(f) in” and substitute the following:

“(vi) in”.

Amendment put.

Deputies

Votáil.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

I move amendment No. 20:

In page 4, line 10, to delete “(g) by” and substitute the following:

“(vii) by”.

Amendment put.

Deputies

Vótáil.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae and Mattie McGrath rose.

As fewer than ten Members have risen I declare the amendment carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

I move amendment No. 21:

In page 4, between lines 14 and 15, to insert the following:

"(2) Notwithstanding the amendment by subsection (1)(c) of section 29 of the Road Traffic Act 2010, that section shall apply as if it had not been so amended in respect of an offence committed before the commencement of subsection (1)(c).".

Amendment put.

Will the Deputies claiming a division please rise?

Deputies Michael Collins, Michael Fitzmaurice, Danny Healy-Rae, Michael Healy-Rae, and Mattie McGrath rose.

As fewer than ten Members have risen I declare the question carried. In accordance with Standing Order 72 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Amendment declared carried.

The Minister must now recommit the Bill.

I move:

That the Bill be recommitted in respect of amendment No. 22.

Question put and agreed to.
Bill recommitted in respect of amendment No. 22.

I move amendment No. 22:

In page 4, between lines 23 and 24, to insert the following:

"Amendment of section 41 of Road Traffic Act 1994

3. Section 41 of the Road Traffic Act 1994 is amended in subsection (1)(a)—

(a) in subparagraph (ii), by the deletion of "or",

(b) in subparagraph (iii), by the substitution of "permit, or" for "permit,", and

(c) by the insertion of the following subparagraph after subparagraph (iii):

"(iv) is, in the opinion of a member of the Garda Síochána, the holder of a learner permit and is, in the opinion of that member, not driving in accordance with clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006).".".

I propose to extend the operation of section 41 of the Road Traffic Act 1994 so the Garda Síochána can detain vehicles driven by unaccompanied learner drivers. Deputy Fitzmaurice proposes to weaken my amendment by stating section 41 will not apply in these cases if a person has applied for a driving test in the previous six weeks and has not yet received a test date.

I ask the Minister to propose the adjournment of the debate, and we will return to this matter having considered the Parental Leave (Amendment) Bill. I also want to say to Deputies that the filibuster is a legitimate parliamentary tactic, however Members should think as to whether it is always the most appropriate tactic to use and whether its use always represents the best use of parliamentary time.

Deputies

Hear, hear.

Debate adjourned.