Martin Cullen (Waterford, Fianna Fail)

I move amendment No. 23:

In page 28, line 1, to delete "bring into operation" and substitute the following:

"commence construction, installation or assembly of".

The amendments before the House make a number of changes to sections 42 and 43 of the Bill, which relate to the approval of new works and rolling stock by the commission. The purpose of the amendments is to make sections 42 and 43 more effective in terms of public safety and more reasonable for railway undertakings. In amendment No. 23 I propose to amend section 42(1) in order that a new works approval must be sought before construction commences, a change with which I think all Members agree. Amendments No. 24 and 25 are consequential.

Existing 19th century legislation and the present text of section 42(1) of the Bill, which mirrors it, require approval before works are brought into operation. Experience has shown that the majority of risks arise during construction. However, I am also providing that approval to bring the works into operation must still be sought. This phased approval process is in line with best practice.

Section 42(5) of the Bill, as passed on Committee Stage, allows a railway undertaking seven days to amend its safety case where new works are approved by the commission. On reflection, 21 days is a more reasonable time period to allow for this task and I am providing for this in amendment No. 26.

Sections 42(10) and 43(10) of the Bill, as passed on Committee Stage, allow the commission three months to make a decision on an application for new works or new rolling stock approval. Railway undertakings have complained that a three month timeframe for approvals will delay projects, which is a fair point. The informal practice of the interim commission in recent times has been to make a decision within 28 days. The interim commission believes such a turnaround time is achievable in most cases. I am, therefore, agreeable to changing the three month statutory deadline to a statutory objective of 28 days. I am providing for this in amendments Nos. 27 and 30.

Section 42(13) of the Bill, as passed on Committee Stage, specifies the type of works on a railway which will require new works approval from the commission. The commission is given power to make regulations adding other works to those listed in section 42(13). On reflection, the power to make regulations specifying other works which would require approval is a policy matter and is more appropriately reserved to the Minister of the day. It is also appropriate that the Minister be required to consult the commission and railway undertakings before making such regulations. I am providing for these matters in amendment No. 28.

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