Martin Cullen (Waterford, Fianna Fail)

I move amendment No. 18:

In page 25, line 25, after "and" to insert the following:

", after consultation with the Council, railway undertakings and such other persons as in the opinion of the Commission may be relevant,".

Section 39(4) provides that the Railway Safety Commission may produce guidelines on the appropriate contents of a safety case to be prepared by a railway undertaking, and on appropriate technical principles and specifications. Amendment No. 18 imposes a requirement on the commission to consult railway undertakings and the Railway Safety Advisory council before it publishes such guidelines. The section also states a railway undertaking must have regard to these guidelines in preparing a safety case. However, it is also appropriate that a railway undertaking has regard to such guidelines in its application for new works approval under section 42, new rolling stock approval under section 43 and generally in managing its affairs in order that it complies with its duty of care under section 36. Amendments Nos. 19 and 20 are drafted to achieve this objective.

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