Martin Cullen (Waterford, Fianna Fail)

In regard to paragraph (b) of Deputy Mitchell's amendment No. 94 I am reluctant to allow the commission make regulations in regard to such matters. It would be a very prescriptive approach to tell railway undertakings how often they should inspect and maintain their infrastructure and trains. Railway undertakings are in the best position to know how often such inspections and maintenance need to be done to ensure safety. The primary duty of care under this Bill is placed where it rightfully belongs on the railway undertaking. This principle is enshrined in the EU railway safety directive adopted in 2004. A railway undertaking knows best the condition of its infrastructure and trains. I would expect it to demonstrate to the commission in its safety case that its inspection and maintenance regimes are appropriate to the condition of its infrastructure and trains.

In regard to paragraph (c) of Deputy Mitchell's amendment, my amendment No. 95 allows the commission to make regulations restricting the number of standing passengers in trains. In regard to paragraph (d ) of the Deputy's amendment, I would expect a railway undertaking to be able to demonstrate in its safety case that the working patterns of its safety critical staff do not contribute to an increasing risk on the railway. In addition, the Minister for Enterprise, Trade and Employment last year made regulations SI 817 of 2004 extending the maximum 48 hour working week to transport workers——

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