Joe O'Toole - Independent NUI Senator since 1987


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ROADS/TRANSPORT
Each speech listed here is an edited speech. If you'd like to see the speech or debate in full, please go to the Oireachtas website and click on "Seanad Eireann" and then "Seanad Debates" and click on the relevant date as listed with each speech on this page.

Luas Extension Project (30/06/10)

Road Traffic Bill 2009 (29/06/10)

Review of Bus Services in Rural Areas (17/06/09)

Motor Vehicle (Duties and Licences) (No. 2) Bill 2008 - Electric cars and rail freight (17/12/08)

Transport 21 (21/05/08)

Road Safety (07/02/08)

Irish Driving Licences (12/12/07)

Uninsured Drivers (12/12/07)

Road Safety Authority Bill (10/05/06)

Increase in Penalty Point Offences (05/04/06)

Decline in Rail Freight Transport (22/03/06)

M50 Toll Bridge (08/02/06)

Road Safety (01/02/06)


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Luas Extension Project
30/06/10 - .. I welcome the Government’s decision to extend the Luas project and to connect the Luas lines and the entire inner city. … It is of great importance to take on those people who would wish to push us back into the dark ages. If one considers the points expressed by the United States at the G20 and G8 meetings over the weekend on the importance of maintaining confidence in building and investment projects, this proposal is good in all sorts of ways. Socially, it is highly attractive for the people of Ireland and for the people of the capital in particular. Commercially, it is highly attractive to those who run businesses and from an infrastructural prospective, it is essential.

This is not a political issue and Members should stand together to make the point that this is an investment that also will have employment opportunities. Moreover, it is commercially clever enough, in that it is a public private partnership and the Government will not be obliged to put its hands in this pocket until considerably later. These are attractive measures that Members should welcome…. While Members may have difficulties with aspects of the details of the project, as a general principle this needs to be done, should have been done previously and certainly it is highly welcome that the Government now has committed itself to so doing.

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Road Traffic Bill 2009
29/06/10 - …. I introduced an amendment in this House to the Road Traffic Bill 1995 to give local authorities and the Minister power to introduce a minimum speed limit. It had an interesting history. It was Fianna Fáil legislation. Fine Gael was in Opposition, and Fine Gael supported me in my amendment. The Government then fell and people changed sides. Fianna Fáil went into Opposition and Fine Gael went into Government. I put forward my amendment again and I had the support of Fianna Fáil and Fine Gael opposed it.

Another issue I objected to in that legislation was the requirement that people had to carry their driving licence with them at all times. I objected to it simply because of the type of driving licence we issue in this country. I have appealed time and again for the Minister to ignore Europe and introduce a credit card sized driving licence for us and change it subsequently to accommodate Europe when Europe finally gets around to doing it.

…. on the question of the reduced alcohol limit and particularly its effect on rural Ireland …. there are a number of issues to which a response is needed. This is not a one-off position. It goes back to planning and it relates to the one-off housing debate. If we are allowing people to build houses out in the country away from all resources, unlike the rest of Europe where people tend to live in a village and drive out to their farm during the day, that is an issue. I support one-off housing as long as it is done in a controlled manner ….

I want to pick up on the point about the lack of uniformity in the speed limits.…on the N2 ….the speed limit on the old road used to be 120 k/hr until two years ago but the speed limit now from .. Ashbourne, is 80 k/hr and once one hits the Dublin border it is reduced to 60 k/hr for no reason whatsoever. The same gardaí will give the same advice. …. I am very unhappy with the way speed limits are determined. That is one example but I could give the Minister 24 more. There is a lack of uniformity in that regard. There is no question in my mind that there should be a minimum speed limit, and not just on motorways. What I have outlined causes a great deal of trouble for people.

In France, where agricultural vehicles must travel on the road the speed limit is reduced to accommodate that fact. There is a tractor sign or something like that indicating a reduced speed limit for a mile or two in those cases where farmers have no option but to travel, and at least people know that is a planned event.

… some of the legalities in the Bill. A number of them bother me also and I ask the Minister to come back to me on them. I refer to the question of people being guilty of intent to drive. …. how do we prove intent? That appears to be something that could be abused. If somebody in a pub is asked to hand over their car keys and they refuse and say they will drive home, it is clear that is intent but what is the context in which that would arise?

I ask the Minister also to revisit the point he refused to concede in the Dáil, namely, the question of breath testing following road traffic accidents. The wording in the Bill should not be “may” but “shall”. There should be a requirement that anybody involved in an accident would submit to a breath test. Whether it is done an hour later or immediately, it should not be perverted by the lack of equipment at a particular time. I ask the Minister to revisit that.

…. the question of applying the law differently to the specified people and the question of taxi drivers or public service vehicle drivers etc. I refer to section 3. There are a number of aspects which bother me about it ….. Can we apply the law differently to people with a similar responsibility in a similar position who are both drivers? It appears to me that if somebody is driving and they break the law, they have broken the law and they should not be driving. The fact that they are carrying passengers does not seem to be any reason it should be different. I understand there is more responsibility but either they should be driving or they should not. We might say they should not be driving because they are carrying passengers but the next person coming down the road could be carrying three or four people as well though not for gain. The only question that arises, therefore, is whether somebody is engaged in a business. That seems to be close to invidious discrimination, which is outlawed by the Constitution, and I would like to hear the legalities involved in that. … I would like to hear the legal position clearly outlined.

The definition of “specified person” includes the driver of a public service vehicle, a taxi driver or a hackney driver but paragraph (c) of section 3 states: “is the holder of a driving licence licensing the holder to drive a vehicle in the category D, D1, EB, EC, EC1, ED, ED1 and W while driving, attempting to drive or being in charge of such a vehicle”. It does not matter whether they are involved in a for gain business or otherwise. It is not in the course of business necessarily. Paragraph (d) states that a person driving a small public service vehicle would be in breach while attempting to drive or being in charge of such a vehicle when it is being used in the course of business. That goes back to the first question. There is a difference between paragraphs (c) and (d). In paragraph (d) it would appear it only arises if they are plying their trade. Does that mean that a taxi or a hackney driver driving his or her vehicle for personal purposes and not in the course of business would not be a specified person?

Subsection (2) of section 3 states that where a person holds a driving licence and is a specified person etc. it is presumed, until the contrary is shown, that the person was driving at the time of the alleged offence. That seems to challenge the presumption of innocence in that a person must prove their position, and it sits uneasily with me. I am not objecting to the reduction in the limit but I have serious questions about how that is to be implemented and whether it creates a difficulty. … is it constitutional to have a different requirement on somebody merely because they are plying their trade as opposed to another driver, even though they both have the same potential to cause an accident, they both could have the same number of people in their car, they both could be driving at the same speed etc? That seems to be a lawyer’s dream.

The other point is the difference between paragraph (c) and (d). In section 3(1)(c), the person does not even have to be involved in the business because I presume it refers to a larger vehicle. However, this is making fish of one and flesh of the other, both between subsections (c) and (d) and between the ordinary driver and the taxi or hackney driver. Subsection (2) states, “it is presumed, until the contrary is shown, that the person was driving”. This turns the presumption of innocence into a presumption of guilt. It turns the normal state of things on its head.

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Review of Bus Services in Rural Areas
17/06/09 - We heard again today about another cutback on social services in rural
Ireland,
with the decision to cut back or review bus routes in all parts of the country. It should
be recognised that Ireland is a place where we have both urban and rural communities. We
have had a cutback in bus services in the capital and now the bus services in rural areas are to
be reviewed. It should be recognised that bus services are a crucial part of the lifestyle of
people in rural areas,
whether in Dún Chaoin, Moville, Castletownbere, Waterford or Wexford.
Therefore, this cutback is one more brick being taken from the wall of support there for them.
Bus services are as important an artery of living for rural communities as broadband is and
should be. The issue must be dealt with.


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Motor Vehicle (Duties and Licences) (No. 2) Bill 2008 - Electric cars and rail freight
17/12/08 - In regard to electric cars, the reality is that Israel has decided to go 100% electric, with Renault, Peugeot and Citreon manufacturing electric cars for that market. Why are we talking about a target of 10%? Every objection that has been raised in regard to electric cars has been refuted. Instead of aiming for 200,000 cars by 2020, we should aim to go all the way. We have reached a stage where it can be done.

We must ensure that all car manufacturers conform to a defined standard for battery charging. We do not want a rerun of the war between VHS and Betamax 25 years ago, or blu-ray and its competitors more recently. It is a question of one simple decision; the manufacturers must get their act together and devise one system for everybody. Recharging an electric car should be the same as refilling a gas cylinder. In the case of a journey from Cork to Dublin, for example, the electric car’s range of 260 miles is only marginally less than that of a petrol or diesel car. Instead of having to stop at some point in the journey and wait six hours to recharge the car, one should be able, in the same way as filling a conventional car with fuel, to drive into the battery exchange which is part of the service station and come out three minutes later with a new set of batteries. That can already be done but people are not aware of it.

The great advantage of electric cars, apart from the obvious one of reduced emissions, is that their use adds to our energy security. Batteries will be recharged in battery banks during the night, at the trough period of demand when electricity is cheapest. …. The Minister, Deputy Gormley, should take the initiative on this matter. .. The problems of implementation should never get in the way of a good decision, policy or principle.

I see no drawbacks to such an approach, yet the Minister is reducing the target in terms of electric car numbers. There is no practical reason we should not aim for a take-up rate of 90% or 100%. The Government should provide support for the establishment of battery banks at various locations throughout the State. The number required is not large. All electric cars come with two chargers, one for use at home and one to be kept in the boot for use elsewhere. Most motorists with a diesel car will get eight to ten miles per litre. Given an average cost of €1 per litre, each mile driven in a diesel car costs its owner somewhere between 10 cent and 13 cent. Electric cars will cover the same distance at a cost of 3 or 4 cent per mile, which is some two thirds less. … Every aspect is positive and there are no negative implications. I ask the Minister to up the ante in this regard and make it work.

We must examine the possibilities for rail freight as opposed to road freight. However, Iarnród Éireann is reducing its freight capacity. The rail system more or less closes down at 9 p.m. and is thus a wasted infrastructure. I have exaggerated here but only slightly. Freight should be moved during those times when trains are not running. Business and commercial vested interests of previous generations did not allow trains to be brought a further 100 yards or 200 yards to the docks at Limerick, Dublin and other cities. Business communities were always determined to block this type of movement. It should be the case that the majority of cargo is taken off the boats and onto the rail. Limerick docks is very busy, with two ships per day from Europort in the Hague. Currently, these containers are all going onto the roads. This is unnecessary and is merely a legacy left to us from the time when carters and carriers made their fortunes bringing goods from the dockside to the rail head, which was only 200 yards away. That day is gone and we should move on.

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Transport 21
21/05/08 - I would like to say a few positive and negative things. … There is no doubt the extra trains are welcome, as are the new roads being built within deadlines. I also welcome the speed with which the approval was given recently for the Navan rail line as far as Dunboyne. …. we should keep in mind that rail transport in Ireland is as good as rail transport anywhere in Europe, despite what many people think. Rail travel here is cheaper than in most countries in Europe. … I would urge people to be aware of this when they promote privatisation. It does not work well in the United Kingdom.

I would like to inform the Minister of State of some of the faults with regard to our transport system. I drive into work each morning on the N2, but I would like to be able to leave my car at home. On the odd day I take the bus, it drops me outside the House or in Abbey Street and I am happy with that. The problem, however, is that I cannot rely on the bus, the reason being that not enough buses are available and they often get caught in traffic. I refer to the Bus Éireann service rather than Dublin Bus. The service is excellent when it works, but if it is not reliable, people cannot take the chance on it.

A more serious matter is that there are no park and ride facilities available on any of the main routes into Dublin city, which is disgraceful. …. where the N3 reaches Blanchardstown, the N2 reaches Finglas or the N1 reaches Swords….. . Park and ride facilities are a simple solution so that people can park their cars and take the bus.

Let us consider areas outside Dublin where nothing is happening to improve transport facilities. Take for example the city of Limerick which is ideally located, structured and designed for a proper commuter service. A train line comes from directly north of the city, from Ennis, into the city. Another comes from the north-east, from Nenagh and another from the south-east, from Limerick Junction. There is also a train line from west of the city, from Tarbert, into the city. However, these lines do not work most of the time. The authorities reluctantly agreed to upgrade the Ennis line. Since that was done, usage quadrupled immediately, despite the fact there was no selling of the line or there were no intermediate stops. I welcome the commitment of the Government on finally getting movement on the western rail corridor.

Another project which would bring improvement in the area of transport would be to complete the outer ring road proposed by the former Taoiseach, Deputy Bertie Ahern.….. This would not be a difficult project to complete as the roads and space are available.

We have not made adequate progress on transport…. Despite the fact the Government has done some good in the transport area, it is a bit early in the day for it to begin congratulating itself. There is a lot more to do.

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Road Safety
07/02/08 - It should be recognised that simple things can be done to improve road safety, but they are not being done. It does not take rocket science to do some of them. The current driving test does not involve an overtaking manoeuvre. We are putting people on the roads whose overtaking abilities have never been tested, in effect. It is complete madness that the test does not cover night driving, or driving at speeds of more than 40 km/h. All kinds of problems are being created on our roads as a result.

I would like to mention some related issues, which I have raised previously. It is clear that there should be separate speed limits for wet and dry road conditions. One sees two speed limits on road signs all over the Continent - one for wet weather and one for dry weather. Why can we not do the same? Most countries do not allow drivers to turn right off a main road. Perhaps we should no longer have traffic lights which go amber before they go red. Alternative traffic light sequences should be provided for night time, when a significant number of accidents take place. People who know they have the right of way sometimes collide with those who have broken the lights while travelling in the opposite direction. I suggest that traffic lights on all sides should flash amber throughout the night, so everybody approaches every junction carefully before passing through.

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Irish Driving Licences
12/12/07 - On a related issue, for almost ten years I have been calling for the introduction of credit card type driving licences. I made this request time and again when Senator Callely was Minister of State at the Department of Transport with responsibility for traffic. On each occasion, he assured me the European Union was working on the issue and I pointed out that, having taken 29 years to decide on the colour of our passports, I dreaded to think how long the European Union would take to introduce credit card sized driving licences. Ireland should proceed immediately to introduce such licences and adapt them, if necessary, should the European Union legislate on the matter. If we carry a driving licence at all times, as required by law, it will fall apart within months because the current licences are not suitable for this purpose. This is a simple matter which should be addressed in a technologically advanced society.

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Uninsured Drivers
12/12/07 - I hope the House will express outrage about an issue in which the Leader has taken a special interest, namely, uninsured drivers. I will relate a simple story. It is now widespread practice to have one’s car taxed on-line. To do so, one must fill out an application on the www.cartax.ie website. An applicant may enter any insurance policy number he or she wishes. In other words, by facilitating a system which allows people to obtain a tax disc without insurance or a national car test, we are putting dangerous vehicles and uninsured drivers on the road every day. I raised this issue last year and the Leader discussed it during his time as Chairman of the Committee on Enterprise and Small Business. Having understood that the issue was being addressed, I am outraged to learn that uninsured drivers of unsafe vehicles continue to have their cars taxed.

When one hears of road traffic accidents and collisions, one often wonders about the roadworthiness of the cars involved, if their brakes were functioning properly and so forth. Questions are often asked about accountability. Someone should be brought to book for allowing the outrageous practice by which drivers of unsafe vehicles log on to a website to obtain a road tax certificate to continue. Rectifying the problem is a simple, technical matter. I want two steps to be taken. The Minister for Transport should explain immediately when he will address the issue and every single on-line taxation transaction undertaken in the past year should be reviewed to determine how many of the drivers in question entered false insurance numbers. Every insurance company has a databank it can use to generate the relevant information in seconds. All that is required is to have two technologies communicate with each other. It is outrageous that this practice is allowed to continue.

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Road Safety Authority Bill
10/05/06 - I believe the driving test format is appalling because it does not test certain essential driving skills. There is no requirement on learner drivers to show any understanding of speed or distance for overtaking purposes. The fact that there is no overtaking manoeuvre in the driving test is criminal. It is the single most important manoeuvre in the course of driving and it must be included in every driving test.

The same applies to motorway driving. Learner drivers need to have some simulated motorway driving. I would be happy, as happens in some countries, for learner drivers to do a simulated motorway driving test on a machine.

We should also examine signage. The finger signs unique to Ireland are incredibly dangerous. A significant number of the accidents involving foreign nationals in this State are caused by the daft signage which makes no sense to anyone who was not born and bred here. Even then it is difficult to figure them out. In every country in Europe, a driver will see substantial signs on both sides of the road pointing to a turn, not a small sign pointing in its general direction. We should have done this when we moved to the metric system.

The fourth most common driving offence involves uninsured cars. It is a disgrace. I only found out last week that it is possible to tax a car on-line by inputting false information on insurance because the system does not read it. The Minister for Transport should not listen to those who say this is a problem, it is not. It is a simple link where if someone inputs the name of an insurance company and a number, it is sent to the mainframe of that insurance company and comes back as valid or invalid. It takes about 20 seconds for Michael O’Leary to determine if he is getting the right credit card number. This is not new. I will be vocal on this because I know what will happen. Ministers do not like to look stupid so the Minister will ask a few questions. He will listen to what he is told and will accept it. He is being told lies if he is being told this cannot be done, it can. It should be sorted out straight away.

Right turns should be banned from all national roads. The Department of Transport film which seeks to train people in road safety suggests that drivers should leave their wheels pointing straight ahead if waiting to turn right. That way, if they are shunted from behind, they will be shunted straight ahead rather than into oncoming traffic. That is wise but it would be easier to say right turns are not allowed, drivers must turn left and come straight across, with a loop on the other side of the road for entry. Other countries do that and so should we.

It makes no sense to have the same speed limit on a sunny day like today as when there is a torrential downpour or fog. All over Europe there are two speed limits on signs, one for wet and one for dry. That is too complex for us apparently. We should erect these and let the courts decide on them. This is not rocket science, these are simple ideas that we should put in place. These changes, along with some of the other suggestions I have made would provide us with a nice agenda I would like to see carried out.

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Increase in Penalty Point Offences
05/04/06 - I ask the Leader for a sensible, rational, ordinary person’s debate on the extraordinary 31 items which will attract penalty points in the future. They have received wide acclaim in the media and from politicians. I would like to have them explained. Somebody who drives the wrong way down a dual carriageway does not need two points, but rather committal to a mental hospital or a prison. The same is true of somebody driving the wrong way around a roundabout.

Widening the scope of penalty points avoids the issue. The real issue is revealed by the figure published yesterday. One third of all road fatalities are caused by drink. If we want to do something serious, it is not about the accumulation of points for silly misdemeanours. What needs to be done, as called for by groups such as Alcohol Action Ireland and others, is random breath testing. If such testing were put into operation we would at one blow solve one third of the fatalities as a result of road traffic accidents.

While it is not politically correct to say so, I believe introducing 31 new offences brings politics into disrepute. I defy anyone to understand all the offences. Some issues are inexplicable. References are made to road markings which do not exist on many roads here. This is a simple media outing. There is a simple thing we could do. We could introduce random breath testing, which would eliminate one third of the fatalities. It would make sense and have an immediate impact. Let us see the political will to do so and disregard the nonsense. People accumulating points for silly misdemeanours will do nothing to save lives on the road.

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Decline in Rail Freight Transport
22/03/06 - A recent report by the European group based in Paris which examines rail transport pointed out that the growth in the number of passengers using Irish railways is the fastest in Europe. On the other hand, it indicated that the record in Irish freight transport is appalling, and usage is reducing. I recall Senator Mansergh discussing in particular the trans-Munster freight line which was mooted for a while before the new bridge was built in Cahir. That is merely a side note.

Guinness announced yesterday that it would move its transport of beer kegs completely from rail to road. Approximately 1.5 million kegs will be moved from rail to road transport. This is not the transportation of tissue boxes, but heavily-laden trucks careering unnecessarily over roads, causing traffic congestion, great danger and pollution. This also reduces a rail service which is there to be used. It makes no sense whatever.

What is Government policy on the matter? Some 18 months ago, I raised the issue of the reduction in the usage of rail freight services provided by CIE. I wish to know what is happening. Is the reduction coming about because we do not have an easily accessible system of transferring freight from trucks to rail, such as moving containers from one to the other? What is the difficulty? This reflects a problem which can be dealt with. People ask what we are doing about traffic congestion, and this is a classic example of a problem. How many trucks will it take to carry 1.5 million kegs of beer, not only on the main arteries but on every road in Ireland where there are pubs or Guinness depots?

It is a crazy scenario caused by backward thinking, and it is causing great difficulties on the roads. I would like the Minister for Transport to appear in this House so we could explain that it is unacceptable to wind down transport and rail infrastructure when we talk of opening the western corridor and giving more attention to the Rosslare to Limerick line, etc. We should oppose this strongly.

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M50 Toll Bridge
08/02/06 - Much as we dislike what is on the M50, one cannot object to the point made by the Minister that a watertight contract has been signed. We can solve the other problems at one stage or another but there is no solution to that. We are stuck with the contract.

Let us focus on that and how it came about. Tribunals have been running in this country for years, dealing with a couple of million euro here and there. This contract involves about €1 billion. Somebody signed it on behalf of the State and somebody signed it on behalf of the county council at a cost of €1 billion to the Irish people. That should be examined. Who negotiated it? I know who signed it but I will speak about them shortly. What contact was made? We should examine the tendering process and hear from the State’s lawyers and other lawyers about the validity of that contract and how it came to be concluded at that time.

The two people who signed it were the former Minister, Padraig Flynn, and George Redmond, the former Dublin assistant city and county manager, whose names arose in another context in recent times. That is worth examining. I would like to be reassured as to how that contract was concluded. I cannot believe it is a coincidence. I believe a wrong has been done on the Irish people. We can argue about traffic forever and we might resolve some of the problems, but we cannot resolve the contract. We are stitched into it so we should try to find out how it was concluded. Who is responsible for making the decisions on tendering, drawing up the contract, signing it and so forth?

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Road Safety
01/02/06 - I wish to put a few simple points on the record. There is an issue that always interests me every time I drive on the Continent. On most of the main highways in France there are two speed limits, a wet and a dry speed limit. It is a simple matter and it is implemented. The wet sign indicates a speed limit of 90 km/h and the dry sign 120 km/h, 115 km/h or 110 km/h. That is the rule. It is sensible and practical. That is another thing we could learn.

The other issue is the overtaking manoeuvre. The number of people who cannot overtake a car is infuriating. They cannot judge the speed of an oncoming car. With half a mile of road ahead they cannot overtake the car in front. These are people who have full licences. The simple reason for this is that there is no overtaking manoeuvre in the driving test. It would be hypocritical as the test is normally done in a 30 mile speed limit area and they will never get the opportunity to overtake. People should not get a driving licence without being able to show they appreciate the speed of a car and of an oncoming car and that they can overtake with safety. That is an essential requirement.

The Minister will not accept the logic of the argument I am about to make and I need a good deal of time to develop it, but I will state it in about four sentences. One in four of the fatalities that have occurred in Ireland in the past year have involved immigrants. Similarly, every year, and over Christmas, we have seen the tragic deaths of Irish people on the Continent. We are driving on the wrong side of the road and that is causing a problem. I have looked very closely at this matter. I spoke to a man from the west of Ireland who was in Sweden on the weekend in 1963 or 1973 or whenever it was that they changed over from driving on the left to driving on the right. I accept that the Swedes are far more disciplined than we are but they did it in one weekend. We should do it, take the pain for a year and move on. We should drive on the right like the rest of the world.

In terms of drink driving, I would welcome a requirement on all people who run public houses to take responsibility for getting a taxi or a hackney cab for anybody who looks for it. People go to the pub with good intentions of taking a taxi or a hackney cab home but when it becomes difficult they get into their car and drive. It is happening all the time and it is an important issue. This is a small thing which should be taken up with the hospitality industry, as it now likes to call itself.

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Seanad debates are available in full on the Oireachtas Website

Senator Joe O'Toole, Seanad Eireann, Leinster House, Dublin 2.
Phone : 01 618 3786 Fax: 01 618 4625 E-mail: joe@joeotoole.net

 

 
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