Noel Dempsey (Meath West, Fianna Fail)

Section 11 sets out the principal functions of the DTA, one of which is to regulate fares. The effect of the amendment is to state the DTA may regulate fares subject to ministerial direction as provided for in section 26, which gives the Minister power to give policy directions to the DTA on the carrying out of any of its functions. The power is already in the Bill to allow me as Minister to give a direction on fares. It does not need to be restated.

One could state this amendment would not make much difference and I know it is not Deputy Broughan's intent but the amendment introduces uncertainty. One of the principal functions is qualified by this statement about ministerial direction and the other three are not. In the legislation, I want to make clear that all functions are subject to ministerial direction and this is what Deputy Broughan would also want because it is the tone of a number of his amendments.

As it is drafted, the language is clear and unambiguous since the powers in section 26 apply fully to all of the functions listed in section 11, including the fare regulation function. I ask the Deputy to withdraw the amendment because if I were to accept it, it would dilute what he is trying to achieve.

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