Seanad amendments Nos. 1, 2, 9 and 12 are related and may be discussed together.
Road Traffic and Roads Bill 2021: From the Seanad
The Dáil went into Committee to consider amendments from the Seanad.
Seanad amendment No. 1:
Section 5: In page 10, to delete line 32.
Seanad amendment agreed to.
Seanad amendment No. 2:
Section 5: In page 11, between lines 6 and 7, to insert the following:
“and
(iii) by the insertion of the following definition after “vehicle guarantor”:
“ ‘vehicle identification number (VIN)’ means the alphanumeric code assigned to a vehicle by the manufacturer in order to ensure proper identification of every vehicle;”,”.
Seanad amendment agreed to.
Amendments Nos. 3 to 5, inclusive, 7, 8, 10, 11, 13 to 15, inclusive, 23, 35, 71, 72 and 75 are related and may be discussed together.
I must here point out that the Minister has indicated that he will request a Clerk's correction in respect of two additional cross-references which are in error in the current print of the Bill and are linked to Seanad amendments Nos. 3, 4 and 5. I direct the Clerk to make a correction in respect of two additional cross-references in the same section of the Bill which were inadvertently omitted. The requested corrections are that the reference to section 23D on page 12, line 33 should read "section 23E" and the reference to section 23B on page 13, line 5 should read "section 23C". Page and line references are to the Bill as administratively reprinted to incorporate changes by the committee amendments in the Seanad. I hereby direct the Clerk to incorporate the two changes the Minister has requested.
Seanad amendment No. 3:
Section 5: In page 12, line 8, to delete “23B.” and substitute “23C.”.
Seanad amendment agreed to.
Seanad amendment No. 4:
Section 5: In page 12, line 31, to delete “23C.” and substitute “23D.”.
Seanad amendment agreed to.
Seanad amendment No. 5:
Section 5: In page 12, line 40, to delete “23D.” and substitute “23E.”.
Seanad amendment agreed to.
Seanad amendment No. 6:
Section 5: In page 13, to delete lines 18 to 22 and substitute the following:
“(g) in section 33—
(i) by the insertion of the following subsections after subsection (1):
“(1A) Notwithstanding subsection (1), the Road Safety Authority is deemed to be and have been the issuing authority for the purpose of this section with effect from 1 January 2007 and every act done or purported to have been done by the Road Safety Authority in the performance or purported performance of the functions of the issuing authority under this Act on and from that date and prior to the coming into operation of section 5(g)(i) of the Road Traffic and Roads Act 2023 shall be, and be deemed always to have been, valid and effectual for all purposes.
(1B) The functions of the issuing authority under subsection (4) are deemed to be and have been delegated to persons appointed, on or after 1 January 2007, by the Road Safety Authority to carry out tests under this section and every act done or purported to have been done by persons so appointed shall be, and be deemed always to have been, valid and effectual for all purposes.(1C) If subsection (1A) or (1B) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”,
and
(ii) by the insertion of the following subsection after subsection (2):
“(2A) An application for a certificate of competency under this section shall contain the personal public service number allocated and issued to the applicant under section 262(2) of the Social Welfare Consolidation Act 2005.”,”.
Seanad amendment agreed to.
Seanad amendment No. 7:
Section 5: In page 14, line 31, to delete “(cc)” and substitute “(ca)”.
Seanad amendment agreed to.
Seanad amendment No. 8:
Section 5: In page 14, line 34, to delete “(cd)” and substitute “(cb)”.
Seanad amendment agreed to.
Seanad amendment No. 9:
Section 5: In page 16, to delete lines 17 to 39, to delete page 17, and in page 18, to delete lines 1 to 17 and substitute the following:
“(l) by the insertion of the following sections after section 56:
“Obligation to supply vehicle insurer or certain intermediaries with certain information
56A. (1) For the purpose or in the course of obtaining the issue of an approved policy of insurance and to assist a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf to comply with its obligations under section 78A, a person, other than a fleet owner or motor trader, shall supply to the insurer or intermediary the following information:
(a) his or her name and address and the name of any other person who is to be named in particular 6 of the certificate of insurance;
(b) the date of birth of each person to whom paragraph (a) applies;
(c) the registration number or, in the event that the registration number is not available, the vehicle identification number (VIN) or any other unique identifying number given by the manufacturer, if available;
(d) in respect of each person who is to be named in particular 6 of the certificate of insurance—
(i) the country of issue of the licence or permit, and
(ii) in the case the person concerned holds—
(I) an Irish driving licence, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the licence,
(II) a learner permit, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the permit, or
(III) a foreign driving licence, the driver number, licence number or unique identifier of any person to whom the licence is issued.
(2) Any change or error in respect of the information which has been provided pursuant to subsection (1) shall be notified by the person to whom the approved policy of insurance is issued or to be issued to the vehicle insurer or intermediary referred to in that subsection as soon as is practicable.
(3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a class E fine.
(4) For the purpose of or in the course of obtaining an approved policy of insurance and to assist a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf to comply with its obligations under section 78A, a fleet owner or motor trader shall supply to the vehicle insurer or intermediary, as the case may be—
(a) his or her name and address and the names of any other person to be named in particular 6 of the certificate of insurance, and
(b) where applicable, the class or classes of driver whose liability is proposed to be covered by the policy.
(5) Any change or error in respect of the information which has been provided pursuant to subsection (4) shall be notified by the fleet owner or motor trader, as the case may be, to the vehicle insurer or intermediary referred to in that subsection as soon as is practicable.
(6) A person who contravenes subsection (5) commits an offence and is liable on summary conviction to a class E fine.
(7) A fleet owner or motor trader, as the case may be, shall, in respect of an approved policy of insurance to which subsection (4) refers, supply to MIBI within 14 days—
(a) of the issuing of an approved policy of insurance, in respect of a person named in particular 6 of the certificate of insurance—
(i) his or her date of birth, and
(ii) the information specified in paragraph (d)(i), (ii) or (iii), as the case may be, of subsection (1),
(b) of a person’s name being added to particular 6 of the certificate of insurance, his or her name and date of birth and such of the information specified in paragraph (d)(i), (ii) or (iii), as is relevant to him or her, and
(c) of a vehicle being in the possession of the fleet owner or motor trader, as the case may be, the registration number or, in the event that the registration number is not available, the Vehicle Identification Number (VIN) or any other unique identifying number given by the manufacturer, if available.
(8) Where a vehicle is in the possession of a fleet owner or motor trader for 14 days or less, the requirement under subsection (7)(c) does not apply.
(9) Any change or error in respect of the information provided pursuant to subsection (7)(a), (b) or (c) shall be notified by the fleet owner or motor trader to MIBI within 5 days of the change occurring or the error coming to the attention of the owner or trader, as the case may be.
(10) A person who contravenes subsection (7) or (9) commits an offence and is liable on summary conviction to a class E fine.
(11) A vehicle insurer shall not issue a policy of insurance to a person who fails to supply the information required under subsection (1) or (4).
(12) A person who contravenes subsection (11) commits an offence and shall be liable on summary conviction to a class E fine.
(13) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or the connivance, or was attributable to any wilful neglect, of a person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, is guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(14) In proceedings for an offence under this section or section 78A it shall be a defence for a body corporate against which such proceedings are brought to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
(15) For the purposes of this section and section 78A—
(a) a renewal of an approved policy of insurance shall be deemed to bean issue thereof,
(b) ‘certificate of insurance’ means the certificate the form of which is in the Second Schedule to the Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962),
(c) ‘fleet owner’ has the same meaning as it has in the Road Traffic (Insurance Disc) Regulations 1984 (S.I. No. 355 of 1984),
(d) ‘MIBI’ means the Motor Insurers’ Bureau of Ireland, and
(e) ‘motor trader’ means a person carrying on the business of manufacturing, dealing in, distributing or repairing vehicles (but excluding a person carrying on the business of manufacturing,dealing in or distributing components or parts for vehicles or of the carriage of vehicles).
Transitional provision (section 56A)
56B. Where, immediately after the commencement of section 56A, a person is in the process of submitting information to an insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf for the purpose, or in the course, of obtaining the issue of an approved policy of insurance, but the policy has not issued to him or to her, the provisions of section 56A shall apply.”,”.
Seanad amendment agreed to.
Seanad amendment No. 10:
Section 5: In page 18, line 25, to delete “Insurance” and substitute “Insurers”.
Seanad amendment agreed to.
Seanad amendment No. 11:
Section 5: In page 18, line 31, to delete “subsection” where it firstly occurs.
Seanad amendment agreed to.
Seanad amendment No. 12:
Section 5: In page 18, to delete lines 38 to 40, to delete pages 19 and 20 and substitute the following:
“(o) by the substitution of the following section for section 78A:
“78A. (1) MIBI shall maintain a database of information specified in subsections (2), (3), (4), (5) and (7), and of information submitted to it under section 56A(7) and (9), and is designated as a data controller in relation to personal data processed for the purposes of this section and section 56A.
(2) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has issued an approved policy of insurance, notify MIBI of the following information in respect of persons to whom section 56A(1) applies:
(a) the name and address of the person to whom the policy of insurance is issued and the name of any other person named in particular 6 of the certificate of insurance;
(b) the date of birth of a person to whom paragraph (a) applies;
(c) any limitations as to the use of a mechanically propelled vehicle to which the policy relates;
(d) the policy number and the period of cover of the policy;
(e) the registration number or, in the event that the registration number is not available, the Vehicle Identification Number (VIN) or any other unique identifying number given by the manufacturer, if available;
(f) in respect of each person named in particular 6 of the certificate of insurance—
(i) the country of issue of the licence or permit, and
(ii) in the case the person concerned holds—
(I) an Irish driving licence, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the licence,
(II) a learner permit, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the licence, or
(III) a foreign driving licence, the driver number, licence number or unique identifier of any person to whom the licence is issued.
(3) Where a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf becomes aware of any error in or change to information provided to the insurer under section 56A(1), the insurer or intermediary, as the case may be, shall, within 5 working days of being made aware of the change or error, notify MIBI of such change or error.
(4) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has issued an approved policy of insurance to a fleet owner or motor trader, notify MIBI of the following information in respect of that policy:
(a) the name and address of the fleet owner or motor trader, as the case may be, and the names of any person named in particular 6 of the certificate of insurance;
(b) any limitations as to the use of a mechanically propelled vehicle to which the policy relates;
(c) the policy number and the period of cover of the policy.
(5) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall ensure that any changes or errors with respect to the matters provided for in subsection (4) are notified to MIBI within 5 days after the insurer or intermediary, as the case may be, becomes aware of the change or error.
(6) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf who contravenes subsection (2), (3), (4), (5) or (7) commits an offence and is liable on summary conviction to a class E fine.
(7) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has cancelled an approved policy of insurance, notify MIBI of the cancellation.
(8) MIBI may process data received by it under subsections (2), (3), (4), (5) and (7) and section 56A(7) and (9) for the purposes of its functions under Regulations 5 and 6 of the European Communities (Fourth Motor Insurance Directive) Regulations 2003 (S.I. No. 651 of 2003).
(9) MIBI shall make available data received by it under subsections (2),(3), (4), (5) and (7) and section 56A(7) and (9) to—
(a) the Minister, for the purposes of the Minister’s functions under section 60 of the Finance Act 1993 in respect of the National Vehicle and Driver File and for the purposes of the Minister’s functions under section 2 of the Road Traffic and Transport Act 2006 in respect of an operator’s licence,
(b) the Garda Síochána, for the purposes of carrying out its functions in respect to enforcement of the Road Traffic Acts 1961 to 2021,
(c) the National Transport Authority, for the purposes of its functions under the Taxi Regulation Acts 2013 and 2016 and the Taxi Regulation (Small Public Service Vehicles) Regulations 2015 (S.I.No. 33 of 2015),
(d) a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf who provided it with information under subsection (2), (3), (4), (5) or(7), and
(e) a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf for the purposes of verifying information provided pursuant to section 56A(7) and (9) in circumstances where there is an approved policy of insurance to which section 56A(4) applies.
(10) MIBI shall, within 18 months of the commencement of this section and thereafter annually, submit to the Minister a report in relation to its operation of the database maintained by it pursuant to subsection (1).
(11) MIBI may, subject to regulations made by the Minister for that purpose, make available the information specified in subsections (2),(3), (4), (5) or (7) and section 56A (7) and (9)—
(a) to the recipients specified in subsection (9) for such further purposes as may be specified in the regulations, and
(b) to such further recipients as may be specified in the regulations for such further purposes as may be specified therein.
(12) In this section—
‘National Vehicle and Driver File’ means records established and maintained by the Minister under section 60 of the Finance Act 1993;
‘operator’s licence’ has the same meaning as it has in section 2(9) of the Road Traffic and Transport Act 2006.”.”.
Seanad amendment agreed to.
Seanad amendment No. 13:
Section 6: In page 24, line 15, to delete “(ll)” and substitute “(la)”.
Seanad amendment agreed to.
Seanad amendment No. 14:
Section 11: In page 38, line 7, to delete “paragraphs” and substitute “paragraph”.
Seanad amendment agreed to.
Seanad amendment No. 15:
Section 13: In page 40, line 36, to delete “of” and substitute “or”.
Seanad amendment agreed to.
Seanad amendments Nos. 16 to 22, inclusive, are related and may be discussed together.
Seanad amendment No. 16:
Section 13: In page 41, between lines 24 and 25, to insert the following:
“(i) by the insertion of the following subsection after subsection (1):
“(1A) Where an officer of the Revenue Commissioners has reasonable grounds for believing that an offence under paragraph (b), (bb) or (c)of section 139(1) of the Finance Act 1992 has been committed—
(a) if the officer identifies the person, the officer shall serve, or cause to be served, personally or by post, on the person a fixed charge notice, or
(b) if the officer does not identify the person and the offence involves the use of a mechanically propelled vehicle, the officer shall serve,or cause to be served, personally or by post, on the registered owner of the vehicle a fixed charge notice.”,”.
Seanad amendment agreed to.
Seanad amendment No. 17:
Section 13: In page 41, between lines 26 and 27, to insert the following:
“(ii) in subsection (3)—
(I) by the insertion of “or (1A)(a)” after “under subsection “(1)(a)”,
(II) by the insertion of “or (1A)(b)” after “under subsection (1)(b)”,
(III) in paragraph (a)(i)(II)(B), by the insertion of “or, as the case may be, the officer referred to in subsection (1A)” after “the member referred to in subsection (1)”,
(IV) in paragraph (b)(i)(II), by the insertion of “or, as the case may be, the officer referred to in subsection (1A)” after “the member referred to in subsection (1)”,”.
Seanad amendment agreed to.
Seanad amendment No. 18:
Section 13: In page 41, between lines 27 and 28, to insert the following:
“(iii) in subsection (6)—
(I) in paragraph (b), by the insertion of “did not have possession of, or” after “the registered owner of the vehicle”,
(II) in paragraph (i), by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”,
(III) in paragraph (ii)—
(A) by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and
(B) by the insertion of “, officer” after “the member” in both places where it occurs,”.
Seanad amendment agreed to.
Seanad amendment No. 19:
Section 13: In page 41, between lines 31 and 32, to insert the following:
“(v) by the insertion of the following subsection after subsection (9):
“(10) The Revenue Commissioners shall, not later than 28 days after a document referred to in subsection (6) containing the name and address of the person who had possession of, or was driving or otherwise using the vehicle concerned at the time of the commission of the alleged offence concerned is given or sent to an officer of the Revenue Commissioners, cause a notice under this section to be served, personally or by post, on the person.”,
(l) in section 36(3)(d)—
(i) in subparagraph (i), by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and
(ii) in subparagraph (ii)—
(I) by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and
(II) by the insertion of “, officer” after “the member”,
(m) in section 39(1) by the insertion of “, an officer of the Revenue Commissioners” after “a licensing authority”,”.
Seanad amendment agreed to.
Seanad amendment No. 20:
Section 13: In page 41, between lines 32 and 33, to insert the following:
“(i) in subsection (5), by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”,”.
Seanad amendment agreed to.
Seanad amendment No. 21:
Section 13: In page 41, line 33, to delete “(6),” and substitute the following:
“(6)—
(I) by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and
(II) ”.
Seanad amendment agreed to.
Seanad amendment No. 22:
Section 13: In page 41, between lines 36 and 37, to insert the following:
“(m) in section 44(1)—
(i) by the insertion of “ or an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and
(ii) by the insertion of “or officer” after “the member”,
(n) in section 47, by the insertion of the following definition after the definition of“fixed charge offence”:
“ ‘an officer of the Revenue Commissioners’ means an officer of the Revenue Commissioners authorised by them in for the purposes of this Part.”,”.
Seanad amendment agreed to.
Seanad amendment No. 23:
Section 16: In page 44, lines 27 and 28, to delete “after the definition of “period of cover” ”.
Seanad amendment agreed to.
Seanad amendments Nos. 24 to 30, inclusive, are related and may be discussed together.
Seanad amendment No. 24:
Section 16: In page 44, line 29, after “means” to insert “, subject to subsection (1A),”.
The efficiency of the House has meant things have moved quicker than I expected. I wanted to speak to some of the earlier amendments.
The earlier amendments have been dealt with.
I appreciate that. From a general perspective, I appreciate the enormous work the Seanad has put into this Bill. I also commend the Minister. This Bill deals with a wide range of topics to do with road traffic. At its initial publication, I was most interested in section 5, which deals with scrambler bikes. My only comment around this amendment and the others that are before us is that I wish to see speedy implementation of this Bill. I do not want to see any delay. I see Deputy Conway-Walsh in the Chamber. I know Deputies from all parties, including Sinn Féin, the Labour Party, the Social Democrats, Fine Gael and Fianna Fáil, have put forward Private Members' Bills, amendments and motions in this House to try to solve the issue of scrambler bikes. That issue is a scourge to the people of my community and many others. There are people who will be very grateful for this legislation and I hope the President will sign the Bill into law quickly to allow the Minister to introduce the regulations to put in place the key provision that allows gardaí the power to enter the curtilage of properties, to have a fixed penalty notice of €5,000, to give the Minister the ability to regulate certain vehicles and to introduce further restrictions. Most important is the ability to remove the obligation for such a vehicle to be in a public place, which was one of the issues with which gardaí on the ground were struggling.
There are safety forums, which are very important. Residents from right across the country are involved. This legislation came from those forums. The Garda, the Attorney General and Ministers were all saying we did not need a change to legislation but we did. Why did we do it? We did it because people on the ground were telling us to do it. I particularly welcome to the Gallery members of the Fingal Safety Forum, representing Finglas Tidy Towns and the Finglas South Combined Residents Association. They also represent many more people in places such as Cabra, Darndale, Ballyfermot, Moyross and others throughout the country. It is they who forced this change. I thank the Government for listening and for putting in place the measures in this legislation.
I will not speak further to the Bill other than to thank the Minister for the amendments that have been made. It now must come to implementation. While the Garda has supported the residents to introduce this legislation, it now must be given the resources and have the ambition to ensure these new laws are enforced.
There is no point in us passing laws in here without them being implemented.
This is a scourge in our communities. It rocks the confidence people have in the Garda Síochána because if it is so blatantly happening in your community, you have no confidence the Garda can tackle far more serious crimes. We know that is not the case. We know the Garda wants to solve it. It has asked for these powers and we have given those powers to it. My only comment on the amendment before the House is that we should do nothing that delays the implementation of section 5.
I thank the Minister for the work he has done. I should acknowledge, to be fair, that the Tánaiste, Deputy Martin, did a lot of work pulling together different Departments - those of the Minister of State, Deputy Naughton, the Minister, Deputy Ryan, and the Minister of State, Deputy Browne, who has provided community funding as well. There is a real cross-party but also cross-government element. It is a good sign when a problem arises that Government listens and delivers a result.
I echo Deputy McAuliffe's point. This is part of a long process. It has taken a long time because it is complex legislation. It has so many different aspects.
I absolutely accept what the Deputy said about the use of scramblers, which relates to an earlier section. This is a real issue for communities across this country and across Dublin city. I commend members of Deputy McAuliffe's community in Finglas who have been involved in trying to highlight and address the problem. I am glad we will be able, subject to it being agreed today, to get the President to sign it and then, as the Deputy says, to put it into action to protect our people. I agree with the Deputy.
The amendment relates to powered personal transporters. It creates a new category of vehicles, which includes e-scooters.
Seanad amendment agreed to.
Seanad amendment No. 25:
Section 16: In page 44, lines 33 and 34, to delete all words from and including "unladen" in line 33, down to and including line 34 and substitute "weight unladen of 25 kilograms,".
Seanad amendment agreed to.
Seanad amendment No. 26:
Section 16: In page 44, lines 36 and 37, to delete "or such other maximum design speed as the Minister prescribes,".
Seanad amendment agreed to.
Seanad amendment No. 27:
Section 16: In page 44, line 40, to delete "or" where it secondly occurs and in page 45, to delete lines 1 and 2.
Seanad amendment agreed to.
Seanad amendment No. 28:
Section 16: In page 45, to delete line 5.
Seanad amendment agreed to.
Seanad amendment No. 29:
Section 16: In page 45, line 7, to delete "vehicle,"." and substitute the following:
"vehicle,", and
(g) by the insertion of the following subsection after subsection (1):
"(1A) The Minister may prescribe, for powered personal transporters or different classes of them, a maximum weight unladen, a maximum design speed, or a maximum continuous rated power or combined maximum continuous rated power different to the weight, speed or rated power referred to in the definition of ‘powered personal transporter' in subsection (1).".".
Seanad amendment agreed to.
Seanad amendment No. 30:
Section 17: In page 45, between lines 7 and 8, to insert the following:
"Amendment of section 14 of Act of 1961
17. Section 14 of the Act of 1961 is amended—
(a) in subsection (1), by the insertion of "subject to subsection (1A)," after "this Act," and
(b) by the insertion of the following subsection after subsection (1):
"(1A) Where a vehicle referred to in subsection (1) is a powered personal transporter and has an accumulator that is a battery, the weight of the accumulator shall be considered to be included in the weight unladen of the powered personal transporter.".".
Seanad amendment agreed to.
Amendments Nos. 31 and 32 are related and may be taken together.
Seanad amendment No. 31:
Section 40: In page 51, to delete lines 21 to 25 and substitute the following:
“(a) pedal cyclists, or
(b) a combination of pedal cyclists and either or both people driving powered personal transporters and pedestrians.",".
Is there a need to discuss these two amendments?
They are largely technical.
Seanad amendment agreed to.
Seanad amendment No. 32:
Section 40: In page 51, to delete lines 31 to 33, and in page 52, to delete lines 1 and 2 and substitute the following:
"(i) pedal cyclists, or
(ii) a combination of pedal cyclists and either or both people driving powered personal transporters and pedestrians.".".
Seanad amendment agreed to.
Amendments Nos. 33, 36 to 56, inclusive, 58 to 64, inclusive, and 66 to 70, inclusive, are related and may be taken together.
Seanad amendment No. 33:
Section 41: In page 52, between lines 14 and 15, to insert the following:
"(b) by the insertion of the following definition after the definition of "contravention":
" 'data-gathering device’ means any device, apparatus or equipment used r capable of being used for the gathering of data;",".
Seanad amendment agreed to.
Does the Minister need to address this grouping of amendments?
I might, if I can, because this and another amendment are a development from the Dáil debate and are not technical in nature. Section 45 will insert a new section 77A into the Roads Act 1993 which will provide the basis in future for the use of traffic cameras and other data-gathering devices by Transport Infrastructure Ireland, TII, and local authorities and for the use of data from those cameras as part of this process.
Section 41 inserts a number of definitions into section 2 of the Roads Act. The present group of amendments provides a number of enhancements to these provisions. Some of the devices concerned may not fit neatly into the definition of cameras or CCTV, for example, devices which clock speed. We are, therefore, allowing for a wider range of devices here using the term "other data-gathering devices".
We are proposing to introduce a power under which kinds of other data-gathering devices in question must be specified in regulations. This is to ensure proper control over the type of devices which may be used. This will add extra safeguards as to the type of data-gathering devices which can be used but will also avoid the risks of unintended situations. For example, if it were not clear that this section related to a specific type of devices identified in regulations, it might be possible to argue that a staff phone issued by TII which had a camera on it was a data-gathering device covered by this legislation.
The amendments will also allow both local authorities and TII to outsource the setting up and operating of cameras if they wish. In practice, it is envisaged these functions, like many other functions of public bodies, may be outsourced and it is important to allow this option to ensure the policy intent behind section 77A is carried out. I emphasise that outsourcing will not in any way diminish the legal protections in place surrounding the security and use of any data obtained via cameras or data-gathering devices. Any processing of personal data, whether by local authorities, TII or outside contractors, remains subject to the Data Protection Act as well as the further provisions for data protection included in section 77A.
Furthermore, we are allowing for local authorities to operate cameras on national managed roads with the consent of TII and for TII to operate cameras on public roads with the consent of the relevant local authority. This will offer an opportunity for TII and local authorities to co-operate in cases where it makes sense to do so.
The remaining amendments in the current grouping are essentially technical amendments to revise the numbering within section 77A or to clarify matters.
One of the issues that has come up continually around the country is the flagrant abuse of road traffic incidents. I saw a recent case where there was a scooter on the M50, which is terribly dangerous. It was a dashcam that picked it up. I am sure that if there are cameras there, they need to be used in that respect.
It brings to mind one of the aspects of this where often it is the public who will alert someone to situations of that nature. Often there is not sufficient technology in place to be able to make these detections or to be able to use the evidence of that detection in the way it should have been used in the past. It is to be hoped this amendment to the Bill will do that.
I agree with Deputy Kenny and am glad of his support.
Seanad amendment agreed to.
Seanad amendment No. 34:
Section 43: In page 53, lines 33 and 34, to delete all words from and including "by" in line 33 down to and including line 34 and substitute the following:
“—
(a) by the substitution of "maintenance (including maintenance works)" for "maintenance works" in each place that it occurs,
(b) by the substitution of the following paragraph for paragraph (b):
“(b) secure the carrying out of construction and maintenance (including maintenance works) and the provision of traffic signs and consult with the Commissioner,",
and
(c) by the insertion of the following paragraph after paragraph (c):".
Seanad amendment agreed to.
Seanad amendment No. 35:
Section 43: In page 53, line 35, to delete "(cc)" and substitute "(ca)".
Seanad amendment agreed to.
Seanad amendment No. 36:
Section 45: In page 54, line 29, after "cameras" to insert "and other devices".
Seanad amendment agreed to.
Seanad amendment No. 37:
Section 45: In page 54, line 30, after "cameras" to insert "and other data-gathering devices, or cause cameras or such devices to be set up and operated,".
Seanad amendment agreed to.
Seanad amendment No. 38:
Section 45: In page 54, line 32, to delete ", other than a national managed road,".
Seanad amendment agreed to.
Seanad amendment No. 39:
Section 45: In page 54, after line 39, to insert the following:
"(2) A road authority shall obtain the written consent of the Authority before it sets up or operates cameras or other data-gathering devices, or causes cameras or such devices to be set up or operated, on a national managed road.".
Seanad amendment agreed to.
Seanad amendment No. 40:
Section 45: In page 55, line 1, to delete "(2) The Authority" and substitute "(3) The Authority".
Seanad amendment agreed to.
Seanad amendment No. 41:
Section 45: In page 55, line 1, after "cameras" to insert "and other data-gathering devices, or cause cameras or such devices to be set up and operated,"
Seanad amendment agreed to.
Seanad amendment No. 42:
Section 45: In page 55, line 1, to delete "national" and substitute "public".
Seanad amendment agreed to.
Seanad amendment No. 43:
Section 45: In page 55, between lines 3 and 4, to insert the following:
"(4) Before the Authority sets up or operates cameras or other data-gathering devices, or causes cameras or such devices to be set up or operated, on a road other than a national road, it shall obtain the written consent of the road authority in whose functional area the road is situated.".
Seanad amendment agreed to.
Seanad amendment No. 44:
Section 45: In page 55, line 4, to delete "(3) The Minister" and substitute "(5) The Minister".
Seanad amendment agreed to.
Seanad amendment No. 45:
Section 45: In page 55, line 6, to delete "subsection (2)" and substitute "subsection (3)".
Seanad amendment agreed to.
Seanad amendment No. 46:
Section 45: In page 55, line 11, to delete "(4) Each" and substitute "(6) Each".
Seanad amendment agreed to.
Seanad amendment No. 47:
Section 45: In page 55, line 11, after "of" to insert "such".
Seanad amendment agreed to.
Seanad amendment No. 48:
Section 45: In page 55, line 11, after "cameras" to insert "and other data-gathering devices as the Minister may prescribe that are".
Seanad amendment agreed to.
Seanad amendment No. 49:
Section 45: In page 55, line 14, to delete "then".
Seanad amendment agreed to.
Seanad amendment No. 50:
Section 45: In page 55, line 16, to delete "(5) The Authority" and substitute "(7) The Authority".
Seanad amendment agreed to.
Seanad amendment No. 51:
Section 45: In page 55, line 16, after "of" to insert "such".
Seanad amendment agreed to.
Seanad amendment No. 52:
Section 45: In page 55, line 16, after "cameras" to insert "and other data-gathering devices as the Minister may prescribe that are".
Seanad amendment agreed to.
Seanad amendment No. 53:
Section 45: In page 55, line 19, to delete "then".
Seanad amendment agreed to.
Seanad amendment No. 54:
Section 45: In page 55, line 21, to delete "(6) The Minister" and substitute "(8) The Minister".
Seanad amendment agreed to.
Seanad amendment No. 55:
Section 45: In page 55, line 22, after "cameras" to insert "and other data-gathering devices".
Seanad amendment agreed to.
Seanad amendment No. 56:
Section 45: In page 55, line 29, to delete "Síochana" and substitute "Síochána".
Seanad amendment agreed to.
Amendments Nos. 57 and 65 are related and may be taken together.
Seanad amendment No. 57:
Section 45: In page 55, line 36, to delete "(7) Regulations under subsection (6) may" and substitute "(9) Regulations under subsection (8) shall".
Does the Minister want to elaborate in any way on these two?
It is substantial. The amendments made in the Seanad were not insignificant. During the passage of the Bill through the Seanad, the issue of data protection related to traffic cameras and other devices was raised. Any processing of personal data is, by definition, subject to the general data protection regulation, GDPR. In addition, the Bill contains a number of further provisions which offer an extra level of data protection. These provisions include the option of making regulations on data protection in two ways. In the new section 77A, which we are inserting into the Roads Act 1993, subsection (6) allows for the making of regulations for the sharing of these data. Subsection (7) then states that regulations under subsection (6) may provide that data only be provided to persons or access to data only be given to persons on specified conditions. Following consideration of points raised in the Seanad, I agreed that "may" in this case should be changed to "shall". The effect is that if regulations are being made on the sharing of data obtained from the devices covered by section 77A, the regulations must address these data protection issues.
Similarly, we are changing "may" to "shall" in subsection (10) of section 77A. This is another subsection allowing for regulations relating to data protection. Regulations under subsection (10) would apply to anyone handling data from the devices, including local authorities and the TII, whereas those under subsection (7) relate only to data being shared with other bodies. These subsection (10) regulations relate to a range of protections such as encryption and ensuring only appropriate personnel within an organisation have access to the data. As with subsection (7), I believe it is important we ensure this kind of protection is mandatory and not optional and this will be the effect of changing "may" to "shall" in subsection (10).
Seanad amendment agreed to.
Seanad amendment No. 58:
Section 45: In page 55, line 36, after “that” to insert “personal”.
Seanad amendment agreed to.
Seanad amendment No. 59:
Section 45: In page 55, line 39, to delete “(8) Regulations under subsection (6)” and substitute “(10) Regulations under subsection (8)”.
Seanad amendment agreed to.
Seanad amendment No. 60:
Section 45: In page 55, line 42, to delete “shall” and substitute “may”.
Seanad amendment agreed to.
Seanad amendment No. 61:
Section 45: In page 56, line 5, after “2018” to insert the following:
“or Article 35 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016”.
Seanad amendment agreed to.
Seanad amendment No. 62:
Section 45: In page 56, line 22, to delete “(9) The Minister” and substitute “(11) The Minister”.
Seanad amendment agreed to.
Seanad amendment No. 63:
Section 45: In page 56, line 22, after “measures” to insert “including measures specified in section 36(1) of the Data Protection Act 2018,”.
Seanad amendment agreed to.
Seanad amendment No. 64:
Section 45: In page 56, line 26, to delete “for the purposes”.
Seanad amendment agreed to.
Seanad amendment No. 65:
Section 45: In page 56, line 28, to delete “(10) The Minister may” and substitute “(12) The Minister shall”.
Seanad amendment agreed to.
Seanad amendment No. 66:
Section 45: In page 56, line 28, after “safeguard” to insert “personal”.
Seanad amendment agreed to.
Seanad amendment No. 67:
Section 45: In page 56, line 29, after “cameras” to insert “and other data-gathering devices”.
Seanad amendment agreed to.
Seanad amendment No. 68:
Section 45: In page 57, line 12, to delete “(11) The Minister” and substitute “(13) The Minister”.
Seanad amendment agreed to.
Seanad amendment No. 69:
Section 45: In page 57, line 16, to delete “(12) The Minister” and substitute “(14) The Minister”.
Seanad amendment agreed to.
Seanad amendment No. 70:
Section 45: In page 57, line 19, to delete “(13) Nothing” and substitute “(15) Nothing”.
Seanad amendment agreed to.
Seanad amendment No. 71:
Section 51: In page 61, line 10, to delete “ ‘chief executive” ” and substitute “ ‘chief executive’ ”.
Seanad amendment agreed to.
Seanad amendment No. 72:
Section 52: In page 62, line 14, to delete “by deleting subsection (6)” and substitute “by the deletion of subsection (6)”.
Seanad amendment agreed to.
Seanad amendment No. 73:
Section 52: In page 62, line 17, to delete “and”.
Seanad amendment agreed to.
Seanad amendment No. 74:
Section 52: In page 62, line 19, to delete “bye-laws”.” and substitute the following:
“bye-laws”, and
(g) by the insertion of the following subsection after subsection (12):
“(13) Where—
(a) a speed limit specified in bye-laws under this section is the speed limit on a road for mechanically propelled vehicles, and
(b) the Minister designates such road or a part thereof as a national managed road,
the speed limit specified in bye-laws under this section in respect of the road shall continue to be the speed limit on that road for mechanically propelled vehicles until the National Roads Authority makes bye-laws under section 9A specifying a speed limit for mechanically propelled vehicles in respect of that national managed road or part thereof.”.”.
Seanad amendment agreed to.
Seanad amendment No. 75:
Section 55: In page 68, line 37, to delete “willful” and substitute “wilful”.
Seanad amendment agreed to.
Seanad amendment No. 76:
Section 56: In page 71, between lines 5 and 6, to insert the following:
“PART 15
AMENDMENT OF FINANCE (EXCISE DUTIES) (VEHICLES) ACT 1952
Amendment of Finance (Excise Duties) (Vehicles) Act 1952
56. The Finance (Excise Duties) (Vehicles) Act 1952 is amended—
(a) in section 1(4),
(i) in paragraph (h), by the substitution of “purposes,” for “purposes.”, and
(ii) by the insertion of the following paragraphs after paragraph (h):
“(i) vehicles owned by a Government Department, the Office of Public Works and the Office of the Revenue Commissioners, and
(j) vehicles owned by such State agencies as may be prescribed by the Minister for Transport, having regard to the amount of State funding provided to such agencies.”,
and
(b) in section 3(c) of Part 1 of the Schedule, by the deletion of “large”.”.
Seanad amendment agreed to.
A message will be sent to Seanad Éireann acquainting it that Dáil Éireann has agreed to amendments Nos. 1 to 76, inclusive, made by Seanad Éireann to the Road Traffic and Roads Bill 2021.
If I might make a closing remark, I thank the Ceann Comhairle for facilitating the Bill in being reported back from the Seanad. This has been an example of the Houses working well, given there were some significant amendments from the Seanad. I very much welcome and appreciate Senators' contributions to the legislation. It is very wide ranging in its implications and will have significant benefits for local communities, road safety, insurance and so on. I could not list the full extent of the provisions in the Bill.
Finally, I commend our civil servants within the Department, who have done a very important job of public service. I thank them and those in both the Bills Office and the Office of the Attorney General for their eagle eyes. This is complex legislation, but I think we have delivered something substantial. It is important in the history of our transport legislation and, more than anything else, I thank the officials for delivering it.
I thank the Minister and all concerned. I understand Deputy Lahart wishes to make a contribution.
I thank the Ceann Comhairle. I congratulate the Minister and his officials. I brought forward a Bill during the previous Dáil regarding the issue of the antisocial use of scramblers, and my party colleague, Deputy McAuliffe, and I introduced a stand-alone Bill on that issue way back when the Dáil was sitting in the convention centre. Sometimes I find it hard to believe that was during this Dáil term. The issue has been a source of great frustration to communities, so it is very welcome it is being dealt with here and that the provisions will come to pass quickly. I welcome also a number of the other measures and look forward, having pushed for them, to the implementation of those measures relating to the M50 and gantries, which are most welcome.
The Minister knows my view on e-scooters but I might reiterate it for the record. Although I support the Bill, I think we have made a mistake here and I hope we will not rue the day. We ought to have introduced e-scooters by way of the public scheme, as was done in the UK. The bulk of e-scooter accidents in the UK relate to private e-scooters, given the size, shape, speed and safety fit of them all simply cannot be monitored. As someone who has been very engaged in this space over the past three years, I have witnessed an enormous improvement in the build quality of the public offering of rental e-scooter equipment. The reservations people have had have been taken on board and there have been considerable improvements to the vehicles. In the meantime, illegal e-scooters have been on our roads and motorways.
People want e-scooters, but the public scheme would have been the best way to introduce them to bed them in, preferably during Covid, as was done in the UK as a filler-in for public transport because of the social distancing rules that applied. They are a small but key part of the jigsaw of public transport and they are exciting, but I do not how we are going to regulate or police the privately owned ones. In the case of public ones, we can govern the speed, geofence them and regulate where they can or cannot go and where they can or cannot be parked. I fear we are going to end up with a lot of e-scooter litter on our streets, that they are going to cause accidents and that people are going to become sick and tired of them before long.
That said, the rest of the Bill and all the measures constitute monumental work. It is a huge piece of spring-cleaning in traffic legislation and for that, the Minister needs to be strongly commended, as do the efforts of his officials, on bringing forward and getting agreement on such colossal legislation.
I commend the Minister and his staff. This is extensive legislation that covers myriad issues that have been around for a long time. Some of the more modern problems we have, such as those relating to scramblers, needed to be dealt with effectively. I still have some fear about the issues relating to public space and so on but it is nonetheless a great advance on where we are. The issues of e-scooters, electric bikes and so on, and how they will be governed in future, are something we will probably return to, given they will be developed more and more as time passes, but it is good work and I commend the Minister and all his staff on all the work that has gone into it. My predecessor dealt with most of its passage and, therefore, I commend him and everyone else who made a positive contribution to advance some good legislation, which is what we need to do in this House.
For the benefit of anyone looking in who may be somewhat surprised at the rate at which we proceeded through the 76 amendments, the Bill has been in gestation for some time. It has been given very careful consideration, having been debated at length on its first run through this House before going to the Seanad, where the Minister took on board observations and proposals that were made, after which he came forward with his own amendments. Everything has been thoroughly ventilated and considered. I congratulate everyone involved.
Seanad amendments reported.