Noel Dempsey (Meath West, Fianna Fail)

Deputy Broughan proposed the amendments and has divided them into two groups so I will follow his template. The purpose of section 10 is to establish an overall framework for the consideration of applications for bus route licences by the authority. Such consideration must be pursued, having regard to the general objectives of the authority provided for in section 10 of the Dublin Transport Authority Act 2008 which is updated by means of section 29 of the Bill. It is helpful to read the two sections together. The link between section 10 of the Dublin Transport Authority Act 2008 and section 23 of this Bill is of particular importance when considering these amendments.

Amendments Nos. 17 and 21 propose the introduction of a new paragraph in subsection 10(1)(b) to establish a requirement to protect the integrity of the national urban and local bus networks. This is catered for and specifically addressed through the existing subparagraph (iii) of that subsection. It allows the authority to consider the impact of a proposed commercial bus service on public transport services which are the subject of public transport service contracts where the authority considers that such consideration is warranted. The concerns expressed by the Deputy are acknowledged and are included in this section of the Bill.

The provisions of section 10 of the Dublin Transport Authority Act 2008, as substituted by the amendment in section 29(1)(c) of the Bill, sets out clearly the objectives the authority must seek to achieve in exercising its functions. These include, in section 10(1)(a), the development of an integrated transport system which contributes to environmental sustainability and social cohesion and promotes economic progress and, in section 10(1)(b), the provision of a well functioning, attractive, integrated and safe public transport system of services and network for all users. Those elements of the objectives established for the authority address the majority of the issues raised in amendments Nos. 18 to 20, inclusive, especially when these are viewed in association with section 10(b)(i) as presented in the Bill at present.

The valid points raised by Deputy Broughan are addressed specifically in the Bill. Amendment No.19 also envisages the removal of the reference to competition from subparagraph (b)(i), while amendment No. 20 would see the concept restated as "regulated and sustainably competitive". I am unable to support this proposal to remove the reference to competitive because competition in the market for commercial bus services can have a very positive impact for consumers where such competition is regulated. The promotion of regulated competition will be a further objective of the authority following the passage of this Bill. It must be recalled that the incorporation of a reference to competition will counter any potential claims that incumbent operators on routes could make to the effect that they have some form of exclusive rights to the provision of commercial bus services on those routes. In overall terms, I do not think there is any need or gain in the removal of the phrase or its refocusing as proposed in amendment No. 20. Deputy O'Dowd queried the effect that operating outside the law might have on a licence application. The questions of good reputation, licensing infringements and so on are covered in section 10.

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