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Seanad Éireann díospóireacht -
Wednesday, 24 May 2006

Vol. 183 No. 19

Road Safety Authority Bill 2004: Report Stage (Resumed) and Final Stage.

Debate resumed on amendment No. 4:
In page 17, to delete lines 33 to 42.
—(Senator P. Burke).

Having read section 22(1), I was disappointed to see that once a member of the board becomes a local representative, a Member of the Oireachtas or an MEP he or she will cease to be a member of the board. I could not understand the thinking behind that but, having informed the Minister of State of our displeasure, he will hopefully rethink the matter.

The Minister of State concluded his contribution earlier so there would be no reason for him to speak again.

I know but I just wanted to put on record that I was displeased with that section and I want the Minister of State to be aware of that. It is a shame that members of local authorities in particular, who have experience in transport matters in their own areas, would be excluded from membership of the board. In that regard, I am displeased about section 22(1)(d).

I am disappointed with the Minister of State's reply. I know he feels deeply about this section and that if it was his choice it would be removed from the Bill.

The Minister of State clearly has a problem with the Minister, Deputy Cullen, as this would otherwise be removed.

This matter is embarrassing for the Minister, Deputy Cullen. I acknowledge the Minister of State's point with regard to section 7(6), whereby State agencies such as the Garda Síochána, a local authority and the National Roads Authority would be consulted by the board. I presume this would be a given in any case. Sub-committees may be set up. If so, I hope section 22 will not preclude councillors from being members of sub-committees.

While acknowledging the Minister of State's contribution, this is an embarrassing issue for the Minister, Deputy Cullen. Local authority members and councillors play a major role with regard to the upkeep of roads, road safety, the compiling and introduction of speed limits and the introduction of black spots. If the road safety authority is to have any teeth, it will make recommendations on the operation of black spots. Given all of this, to debar more than 1,000 councillors from being members of the board is one of the most embarrassing things to have happened since I first entered the Chamber.

Previous speakers noted that similar parts of other legislation were amended by the Parliamentary Counsel in terms of removing sections. Like Senator Mooney, I hope this will never happen again and that local authority members, the people's representatives, will not be debarred from being members of various boards, particularly this board, because they have a major role to play. One could well have a member of a local authority play a major role.

I am disappointed. The Minister of State has done his best. We gave him time but I have no choice but to press the amendment. Amendments Nos. 4 to 6, inclusive, are being taken together. I will have to press a vote on amendment No. 6 because it deals with section 22(4) which states: "A person who is a member of a local authority shall be disqualified from becoming a member of the Board." That aspect is also covered in the amendment to section 22(1). I have no choice but to press the amendment, although I thank the Minister of State for the way he has dealt with the issue.

Question put: "That the words proposed to be deleted stand."
The Seanad divided: Tá, 27; Níl, 11.

  • Brady, Cyprian.
  • Brennan, Michael.
  • Callanan, Peter.
  • Cox, Margaret.
  • Daly, Brendan.
  • Dardis, John.
  • Dooley, Timmy.
  • Feeney, Geraldine.
  • Fitzgerald, Liam.
  • Glynn, Camillus.
  • Kenneally, Brendan.
  • Kett, Tony.
  • Leyden, Terry.
  • Lydon, Donal J.
  • MacSharry, Marc.
  • Mansergh, Martin.
  • Minihan, John.
  • Mooney, Paschal C.
  • Morrissey, Tom.
  • Moylan, Pat.
  • Ó Murchú, Labhrás.
  • O’Brien, Francis.
  • Ormonde, Ann.
  • Scanlon, Eamon.
  • Walsh, Jim.
  • White, Mary M.
  • Wilson, Diarmuid.

Níl

  • Bannon, James.
  • Bradford, Paul.
  • Browne, Fergal.
  • Burke, Paddy.
  • Burke, Ulick.
  • Coonan, Noel.
  • Cummins, Maurice.
  • Feighan, Frank.
  • Hayes, Brian.
  • Ryan, Brendan.
  • Tuffy, Joanna.
Tellers: Tá, Senators Minihan and Moylan; Níl, Senators P. Burke and Cummins.
Question declared carried.
Amendment declared lost.
Amendment No. 5 not moved.

I move amendment No. 6:

In page 18, to delete lines 17 and 18.

I second the amendment.

Question put: "That the words proposed to be deleted stand."
The Seanad divided: Tá, 27; Níl, 11.

  • Brady, Cyprian.
  • Brennan, Michael.
  • Callanan, Peter.
  • Cox, Margaret.
  • Daly, Brendan.
  • Dardis, John.
  • Dooley, Timmy.
  • Feeney, Geraldine.
  • Fitzgerald, Liam.
  • Glynn, Camillus.
  • Kenneally, Brendan.
  • Kett, Tony.
  • Leyden, Terry.
  • Lydon, Donal J.
  • MacSharry, Marc.
  • Mansergh, Martin.
  • Minihan, John.
  • Mooney, Paschal C.
  • Morrissey, Tom.
  • Moylan, Pat.
  • Ó Murchú, Labhrás.
  • O’Brien, Francis.
  • Ormonde, Ann.
  • Scanlon, Eamon.
  • Walsh, Jim.
  • White, Mary M.
  • Wilson, Diarmuid.

Níl

  • Bannon, James.
  • Bradford, Paul.
  • Browne, Fergal.
  • Burke, Paddy.
  • Burke, Ulick.
  • Coonan, Noel.
  • Cummins, Maurice.
  • Feighan, Frank.
  • Hayes, Brian.
  • Ryan, Brendan.
  • Tuffy, Joanna.
Tellers: Tá, Senators Minihan and Moylan; Níl, Senators P. Burke and Cummins.
Question declared carried.
Amendment declared lost.

I move amendment No. 7:

In page 22, after line 49, to insert the following:

"(1) As soon as may be after the end of each safety calendar year, but not later than 3 months thereafter, the Authority shall make a review of road safety in the preceding calendar year, to include performance against the annual targets set for the Authority.

(2) The Authority shall make the review available to the Minister prior to publication and the Minister may, at his or her discretion, add comment and or data to the Review, but may not subtract from it.

(3) The Minister shall cause copies of such road safety review to be laid before each House of the Oireachtas not later than 1 month after the Authority makes the review available to him or her under subsection (2).’’.

This amendment deals with an issue to which we gave a very good airing on Committee Stage. It is about the road safety authority benchmarking itself on its successes or failures, and publishing a review every three months. The Bill provides that should take place every six months but a general road safety report should be published and brought before the Houses of the Oireachtas every 12 months, after the year expires. If the road safety authority is to have any real effect, it will have to benchmark itself on its successes or failures. I hope the Minister of State will look again at this amendment.

Is the amendment seconded? No. It thereby lapses.

Amendment No. 7 lapsed.

Bill received for final consideration.

Question proposed: "That the Bill do now pass."

I appreciate the opportunity to say a few concluding words and to thank all the Senators who contributed. I do not want to focus on the issue which was of grave concern to them. I know that all who spoke on the matter did so with the utmost sincerity. The principle many of them enunciated in the House is one which we must look at in the future. The Minister for Transport, Deputy Cullen, and myself worked closely together and I support the Minister in his view that it was essential to have this legislation enacted as quickly as possible because it gives a legal base to the road safety authority. This legislation gives a legal basis to the road safety authority. The chairman, chief executive, staff and board will play a major role in the compilation and provision of a new strategy, which will be approved by the Minister. We are anxious to reduce the number of deaths on our roads. In the meantime, there is an interim board and we want to ensure it is appointed on a permanent basis.

I concur with many of the views expressed by the Senators I mentioned earlier in the debate. It is not a question of not wanting local authority members to be involved. There is provision in section 7 to involve local authority members. Ironically, if local authority members were included, it need not necessarily follow that they would be on the board. However, they are prescribed in section 7(6) as one of the State agencies to be involved. I am also sure they will serve in the sub-committees and have a direct input into the board. The experience mentioned by various Senators on both sides of the House will be of invaluable assistance to the board.

Tá mé iontach buíoch den Teach, den Chathaoirleach, agus de na Seanadóirí ó achan taobh a labhair anseo. Bhí suim ar leith acu sa cheist seo, agus thig leis na Seanadóirí bheith cinnte de go mbeidh páirt ag na comhairleoirí contae éagsúla tríd an tír. Tá an-taithí acu le fada an lá, agus beidh siad ábalta an taithí sin a thabhairt chuig na coistí a bheidh á mbunú ag an Údarás um Shábháilteacht ar Bhóithre; ní chaillfear í.

I thank the Minister of State for the hard work he has done on this Bill and ensuring it is passed by the Oireachtas. It is important legislation which, hopefully, will result in fewer fatalities on our roads. I acknowledge the contributions of Senators on both sides of the House, particularly those of Senator Paddy Burke, who made some positive suggestions during the debate.

The issue on which all Members agree is that people elected by their local communities to serve on local authorities should not be barred from serving on this or any other authority. I urge the Minister of State to arrange to have this amendment made at the earliest opportunity. I thank the Minister of State for his efforts in this regard so far. I look forward to working with him in future when other legislation is brought before the House.

I thank the Minister of State, Deputy Gallagher, for his work on the Bill. It was first known as the Driver Testing and Standards Authority Bill but has progressed to become the Road Safety Authority Bill. The Minister of State is to be complimented on his knowledge of the Bill and his work on it. This will be good legislation.

I also acknowledge the input of other Senators who spoke at length on the Bill, particularly Senator Wilson who has been present for all Stages. I wish the road safety authority the best of luck. I do not know what Mr. Gay Byrne meant when he said on the "Late Late Show" that he hoped the other shower would not hold up the Bill. He need not worry about the other crowd because all of us are interested in reducing the number of road fatalities and in greater safety on our roads and in the workplace. No Member on any side of the House will stand in the way of making roads and cars safer for the people of this country.

I wish to be associated with those comments. This is one of the most important Bills to be brought to the House, particularly in view of the carnage on the roads. I thank the Minister of State and his officials. Perhaps he will consider an amendment if a suitable opportunity occurs in future.

I thank Senators who spoke on the Bill and I wish the chairman of the road safety authority and his board the best of luck. No matter what the road safety authority and the Minister do, they must have the support of the public and motorists who use the roads. We urge everybody to take greater care on the roads. It will be a happier country, with happier homes, if the loss of life is reduced. However, unreal numbers have lost their lives this year. I compliment the Minister of State and all associated with the Bill.

Question put and agreed to.

When is it proposed to sit again?

At 2.30 p.m. on Tuesday, 30 May 2006.

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