Martin Cullen (Waterford, Fianna Fail)

I move amendment No. 7:

In page 13, to delete lines 23 to 34 and substitute the following:

"14.—(1) The Commission shall consist of at least one but not more than 3 members.

(2) Each member of the Commission shall be known as a Commissioner for Railway Safety and is in this Act referred to as a 'commissioner'.

(3) The person who holds, immediately before the establishment day, the position of Chief Railway Inspecting Officer of the Minister, shall, subject to his accepting such period for his holding office on such terms and conditions as fixed under subsection (5), on the establishment day, become and be a commissioner and is deemed appointed under this subsection.

(4) A commissioner (other than the person referred to in subsection (3)) shall be appointed by the Minister.

(5) A commissioner shall be appointed to hold office in a full-time capacity for a period of not less than 3 years and not more than 7 years on such terms and conditions, including remuneration, as the Minister, with the consent of the Minister for Finance, may fix.".

These amendments relate to the appointment of commissioners and staff of the commission and their purpose is to clarify and improve the text. The Bill, as amended on Committee Stage, provides that the person who currently holds the position of chief railway inspecting officer in my Department will become the first commissioner. With regard to the chief inspector's term of office as commissioner and any other terms and conditions of his appointment, it was intended that his appointment would be subject to the standard terms and conditions for such appointments as set by the Minister under section 14(1). Amendment No. 7 makes this clear.

Amendment No. 8 relates to other railway inspecting officers and any persons recruited specifically for a job with the commission. The latter group will transfer to the commission on its establishment. Other railway inspecting officers may be transferred to the commission if they are willing to opt for transfer or may be retained in my Department.

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