Martin Cullen (Waterford, Fianna Fail)

I move amendment No. 29:

In page 29, between lines 34 and 35, to insert the following:

"(14) Where a railway undertaking proposes to replace the gates at a specific level crossing with barriers, lights or other automatic devices or appliances, and

(a) it has submitted a new works assessment in respect of those works which has been accepted by the Commission under subsection (4), or

(b) where the Commission has given a generic or specific exemption under subsection (6) in respect of such works,

any obligations to make or maintain gates at that crossing do not apply.

(15) Subject to subsection (16), section 23 of the Transport (Miscellaneous Provisions) Act 1971 applies to works under subsection (14) as if those works had been required by an order under section 22 of that Act.

(16) Subsection (15) does not apply to a level crossing to which section 47 of the Railway Clauses Consolidation Act 1845 or section 6 of the Railway Clauses Act 1863 applies.".

Under existing legislation dating from 1958 and 1971 — section 9 of the Transport Act 1958 and section 22 of the Transport (Miscellaneous Provisions) Act 1971 — which I propose to repeal, a statutory instrument is required each time Iarnród Éireann wishes to upgrade a level crossing to an unmanned automatic signalled crossing. Under this Bill, all other significant works on the railway simply require new works approval from the commission. Automation of level crossings should not be treated differently — a point with which the House would agree. The new section 42(14) in amendment No. 29 will remove an unnecessary administrative burden.

Amendment No. 29 also proposes two saver provisions. Under section 23 of the 1971 Act, a road authority is required to fund 50% of the cost of level crossing works authorised by an order under section 22 of that Act. This applies to the upgrade of unmanned crossings only. These technical amendments provide that such cost sharing arrangements will continue to apply.

Amendment No. 156 repeals the existing provisions in the 1958 and 1971 Acts which provide for the making of orders for upgrade of level crossings. I had originally intended transferring functions in regard to these provisions to the Railway Safety Commission via Schedule 2 to the Bill but now propose instead to repeal them. Amendment No. 159 is a technical amendment to delete them from Schedule 2 to the Bill. Amendment No. 156 also repeals section 29 of the Transport (Miscellaneous Provisions) Act 1971. This section relates to regulations to be made in regard to medical assessment of locomotive drivers. I propose to delete this section as no such regulations have been made since enactment in 1971 and I propose alternative more detailed medical assessment provisions in regard to all safety critical railway workers in amendment No. 144 which we will debate shortly.

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