Pedal bicycles, including cargo bikes, are not in this PPT category. The treatment of such bicycles is dealt with in a separate section of the Bill. As regards cargo bikes in particular, it depends on the power capacity. Where there is a maximum continuous rated power greater than 0.25 kW, there are particular legal requirements. Anything below that is treated in the same way as all other pedal bicycles. There are a range of cargo bikes, tricycles, recumbents and other new mobility and e-mobility equipment coming i…

I am happy to return to the issue on Report Stage and, I hope, clarify it for certain.

These two amendments are small but are important refinements to the definition of a cycleway in the Roads Act. A cycleway is a specific track intended for cyclists and is not the same as a cycle lane, as defined by markings on a road. It is our intention that powered personal transporters will be able to use cycleways; however, cycleways are first and foremost for cycling. The amendments I am proposing here are designed to ensure that the cycleway will provide for pedal cyclists in all circumstances. Without these …

I thank Senator Ruane for her comments. I completely agree with her that this issue about the regulation of facial recognition technology, artificial intelligence and machine-based learning technology systems is something which we have to treat with real attention. It is a significant issue with regard to getting the balance right between the deployment of technology, the protection of human rights and a good justice and judicial system. I will treat the two amendments, Nos. 35 and 46, slightly differently, if I ma…

On amendment No. 36 and the subsequent amendments, Nos. 43 to 45, inclusive, 47 to 52, inclusive, 54 to 56, inclusive, and 58, I propose to extend the provisions relating to the use of cameras by local authorities and Transport Infrastructure Ireland, TII, to include other similar devices and to address some technical issues in the text to improve the clarity of the text without changing the intent. TII and local authorities use CCTV cameras to monitor traffic and to assist with enforcement. For traffic management,…

I agreed in the previous amendment with the broad concern the three Senators set out around how we use facial recognition technology and artificial intelligence and the general risk - reality in many jurisdictions - of the surveillance of citizens that is totally inappropriate. I absolutely accept that. I said in my response to the earlier amendment that we all seek to get the balance right. There are instances where we need technology to protect citizens and it is appropriate, subject to the correct regulation. Th…

I do not agree. I fear we could end up in a situation where we would have to go back to amend primary legislation in an evolving area where we have different types of electronic devices which might want to use the data. I agree with Senator Ruane's earlier contention that we need to regulate how devices using facial recognition technology or artificial intelligence, AI, which could have a surveillance component, may be used. That is a separate issue in my mind to the case as to whether we should specify every singl…

I do not disagree with this issue. It is an issue obviously with mobile phones where there is a very serious issue around all the information, controversially. We have to be careful here not to try to address this whole complex issue through a piece of traffic management regulation. If we are starting to get down to specifics and that every device might be a data sharing device, we would have to start with this very room and my colleague here beside me with the headphones because they have an internet of things and…

It is a useful and important discussion. One could look at it the other way. One could say that by being specific in primary legislation, which may only be amended by going through this House and the Dáil, we could end up with a situation where other devices are gathering data that are completely unregulated and outside any control system. That would be a big risk and as Senator Higgins says, the technology is evolving so fast.

On what basis? They would not be contained in the law.

It is far better to have that broad definition and say where there is a device that can collect data, it is part of any regulations and therefore any amendment the Senators have suggested would then have impact. It is better to do it that way than try to set out in primary legislation what exactly each and every device is.

The legislation has provisions, or includes provisions elsewhere, that when we are referring to "personal data" it states it "has the same meaning as it has in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016". Therefore, everything works. Once you are designating something as a "data-gathering device" then the broader European GDPR and other regulations kick in. As Senator Higgins said, this is an evolving area where we are awaiting European legislation on AI and facial recog…

This is a very useful discussion. The proposed section 77A(6), to be inserted by section 45 of this Bill, sets out that the Minister must set out the regulations to "provide for data obtained using cameras operated by or on behalf of a road authority". It also sets out, in some detail, that a data protection impact assessment and so on should be carried out under the terms of section 84 of the Data Protection Act 2018. This is not providing a free-for-all. The debate here is about whether we identify each device in…

This amendment represents a small but valuable change to clarify the role of TII with regard to maintenance. I am proposing to replace the words "maintenance works" with “maintenance (including maintenance works)” as well as providing for TII to consult the Garda Commissioner, as required, with regard to traffic signs. The change from "maintenance works" to “maintenance (including maintenance works)” is based on legal considerations that the new wording would more fully capture the range of activities that could be…

I cannot accept amendments Nos. 40 to 42, inclusive. In section 44, we are allowing An Bord Pleanála, in certain limited circumstances, to approve a scheme or road development that contravenes materially a development plan or local development plan. The first criterion under which the board will be allowed to do this is where the proposal is of strategic regional or national importance. We are bringing in these measures because they are essential to progressing the BusConnects projects. Amendment No. 40 would remov…

I do not disagree about the importance of this issue. Some of the debate on it earlier was very useful. I will consider the matter before Report Stage, if the Senator is agreeable. It is a technical issue and I want to get it right and to ascertain whether the proposed change in wording will constitute a practical strengthening of the provision. I would like to have time to consider that between now and Report Stage.

The purpose of section 46 is to provide a clear legislative power to acquire land for the purposes of certain mitigation measures that may not normally be regarded as traditional or usual mitigation measures. For instance, usual mitigation measures for which lands are compulsorily required of which has been accepted and for which there is very little legal debate include items such as new access arrangements, lands for noise mitigation or landscaping and such other mitigation measures. However, the type of mitigati…

In section 50 of the Bill, we are providing a number of amendments to section 95 of the Road Traffic Act 1961, which deals with provision of road signage. The principal aim here is to ensure the necessary powers for the TII to deal with signage on a new class of what will be called national managed roads. The only such road intended for now is the M50. What the Bill does is that it separates out existing powers for provision of signage from those being given to TII - still referred to, Senators may wish to note, as…

This amendment to the Finance (Excise Duties) (Vehicles) Act 1952 addresses two matters which have come to my attention regarding motor tax. The first relates to State-owned vehicles. State-owned vehicles are exempt from motor tax, and almost 6,000 vehicles are exempt in this way by virtue of being State-owned. Over half of these are Garda vehicles. There are also a significant number of vehicles owned by the Defence Forces, Civil Defence, the Office of Public Works, the Office of the Revenue Commissioners, the Nat…

Be very careful not to categorise a target as a limit on ambition. Of course, we want to smash those targets. All of us in this House want our younger people to be able to get a home and raise a family. This concern is not an exclusive commodity. It belongs to everyone. We are committed to doing everything we can. We had a target last year of 24,600 houses. An hour ago, the CSO came out with the figures for last year. The figure was not 24,600; it was 29,851. This is way higher and I would like it to go even higher…