Tommy Broughan (Dublin North East, Labour)

I move amendment No. 1:

In page 10, between lines 30 and 31, to insert the following:

""competent authority" means the Minister for Transport;".

Doubts arose on Second and Committee Stages with regard to who would have the final say in respect of planning matters, bus routes and many aspects of the operation of this significant new regional authority. The Dublin transport authority, DTA, represents a major step forward because it represents the first element of a serious regional system of government in Ireland.

I tabled amendment No. 1 in order to indicate that the Minister, and, therefore, the House, will have responsibility in this area. It states in the Bill that the authority means the DTA. My amendment suggests that, under EU Regulation 1370/2007, the Minister for Transport shall be the "competent authority". There was some correspondence among the Department and several of the stakeholders in respect of this matter and it was stated that the Minister and the DTA would both constitute the competent authority. I do not understand how that could work because in respect of any of the controversies that might arise, the authority that must be ultimately responsible to the House is the Minister for Transport. I cannot see how the Minister and the DTA could both act as the competent authority. The Department further indicated that CIE will be precluded in this regard because it will be operating within the DTA's area. As owner of that company on behalf of the people, the Minister would, therefore, find himself in a difficult situation.

It would add to the Bill and the list of definitions contained therein if we included a reference to the Minister for Transport being the competent authority. EU Regulation 1370/2007, on which the Bill is based, contains provisions on public service and direct award contracts. It would improve the legislation if a clear line of authority involving the Minister was established, particularly in view of the fact that he has ultimate responsibility in this area. Direct provision should be made in the Bill in this regard.

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