Alan Kelly (Tipperary North, Labour) | Oireachtas source

I move amendment No. 100:

In page 60, before section 60, but in Part 8, to insert the following new section:

60.—The Act of 2008 is amended—(a) in section 2—

(i) by inserting after the definition of “Act of 2005” the following:

“ ‘Act of 2009’ means Public Transport Regulation Act 2009; ‘ancillary public passenger transport service’ means passenger transport services of general economic interest provided to the public on a non-discriminatory and continuous basis that are not either a rail passenger service or a public bus service;”,

(ii) by substituting for the definition of “public passenger transport service” the following:

“ ‘public passenger transport service’ means—

(a) a rail passenger service,
(b) a public bus service, or
(c) an ancillary public passenger transport service;”,

and

(iii) by substituting for the definition of “public transport operator” the following:

“ ‘public transport operator’ means—

(a) Irish Rail, Bus Éireann, Dublin Bus or the RPA,
(b) a person providing public passenger transport services under a contract with the RPA,
(c) a person providing public passenger transport services under a contract with the Authority,
(d) a person operating a passenger road service in accordance with a passenger licence granted under the Road Transport Act 1932, or
(e) a person providing a public passenger bus service in accordance with a licence granted under the Act of 2009;”,

(b) in section 9, by substituting for subsection (2) the following:“(2) The functional area of the Authority (other than to the extent provided by this Act) is the State.”,(c) in section 48—(i) in subsection (2)(a), by inserting “(other than metro or light rail passenger services)” after “services”, and
(ii) in subsection (2)(b), by inserting “and ancillary public passenger transport services” after “services”,and
(d) in section 52—(i) by substituting for subsection (1), the following:

“(1) Save where—

(a) a licence is granted by the Minister under the Road Transport Act 1932,
(b) a licence is granted by the Authority under Part 2 of the Act of 2009,
(c) the Authority has entered into a public transport service contract with a public transport operator, or
(d) otherwise provided by law—

(i) Dublin Bus has an exclusive right to continue to provide the public bus services that it provides in accordance with the provisions of section 7 of the Act of 1958 and
section 8 of the Act of 1986 within the city of Dublin and the counties of Fingal, South Dublin and Dún Laoghaire-Rathdown and contiguous areas, and
(ii) Bus Éireann has an exclusive right to continue to provide the public bus services that it provides in accordance with section 7 of the Act of 1958 and section 8 of the Act of 1986 except in so far as such services are provided by Dublin Bus under subparagraph (i),
and those services shall be set out in the public service contracts entered into under subsection (3)(a).”,
(ii) by substituting for subsections (3) and (4) the following:

“(3) The Authority, in accordance with section 48, to ensure the adequacy of public passenger transport services in the general economic interest—

(a) shall enter into direct award contracts, which impose public service obligations with—

(i) Dublin Bus and Bus Éireann to secure the provision of public bus services to which subsection (1) relates, and
(ii) Irish Rail to secure the provision of rail passenger services to which subsection (2) relates,

And

(b) may enter into direct award contracts, in accordance with Regulation No. 1370/2007, which impose public service obligations, with public transport operators to secure the provision of public passenger transport services not being provided by Dublin Bus, Bus Éireann or Irish Rail pursuant to the direct award contracts entered into pursuant to subparagraph (a)(i) or (ii).

(4) Notwithstanding section 48(6)—

(a) the direct award contracts referred to in subparagraph (a)(i) of subsection (3) shall each be for a period of 5 years,
(b) the contract referred to in subparagraph (a)(ii) of subsection (3) shall be for a period of 10 years, and
(c) the contracts referred to in paragraph (b) of subsection (3) shall be for a period not to exceed 5 years.”,

(iii) in subsection (6)(b), by inserting “or ancillary public passenger transport services” after “services”, and
(iv) in subsection (6)(c)(ii), by inserting “(i)” after “(3)(a)”.”.

This amendment provides for the National Transport Authority, NTA, to grant a public service contract for the provision of public transport services by direct award to transport operators other that the State transport companies. This is with a view to the granting of such contracts by way of direct award for the provision of transport services currently under the rural transport programme.

Specifically the proposed new Part amends the Dublin Transport Authority Act 2008 to extend the definition of public passenger transport service to include ancillary transport services such as passenger transport services of general economic interest provided to the public on a non-discriminatory and continuous basis that are not either a rail passenger service or a public bus service, and for a public transport operator to include a person providing public passenger bus services in accordance with a licence under the Public Transport Act 2009.

The amendments to sections 48 and 52 of the Dublin Transport Authority Act 2008 relate to the direct award of contracts for public transport services to include transport services other than those already provided for by the State bus and rail companies in accordance with EU Regulation No. 1370/2007.

The amendments to section 9, section 45, for the purposes of funding public transport infrastructure, and sections 57, 62, 66 and 73 in the Dublin Transport Authority Act 2008, extend the scope of the NTA function to the State except where specified under the Act to be within the greater Dublin area only.

A new section 44A is inserted to the Dublin Transport Authority Act 2008 to allow the authority to invest in bus infrastructure and cycling facilities in the State, and to engage in concessions, joint ventures or public private partnerships for this purpose. This is to facilitate any new bus routes that may be provided under direct award public service contract, for example, for rural transport programme services, as well as to facilitate other transport provision such as cycling facilities.