Dáil debates

Wednesday, 25 November 2009

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed)

 

5:00 pm

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)

I thank the Deputy for his contribution but a fundamental point that must be reiterated is that anybody who operates a business, whether it be a transport business or some other business, must do so in accordance with the laws of the land. If operators do not do so, agencies of the State generally or active trade unionists are quick to highlight that, and that is as it should be. I commend anybody who has been involved in highlighting that.

I indicated to the Deputy that the proposals in many of these amendments relate to issues that would be more properly addressed in the road transport operator licensing legislation. While I accept the Deputy's bona fides in this respect, some people will argue that the same safety standards and conditions must be maintained for no reason other than to ensure the same inefficient practices and high costs apply to competitors as apply to themselves. They will argue that rather than do what is currently being done in Dublin Bus and has happened, to a large extent, in Iarnród Éireann and Bus Éireann, where practices have been changed and flexibilities have been increased to ensure the organisations becomes much more efficient. For that reason I do not believe the Deputy's amendments are necessary in this legislation, as health and safety legislation, tax law and minimum wage legislation apply and will apply to anybody who will apply for a licence and enter this sector. Under the transport operators licensing legislation that is to be introduced, I will make sure that is further reiterated.

I agree with the Deputy's fundamental point and principle that we should not have a situation where a private operator or any other gains a competitive advantage by exploiting its workers. I do not agree with that, nor I am sure does any Member of this House. Anywhere it happens it should be stamped out. I have no difficulty with that. The amendments before us are unnecessary because what they seek to achieve is already covered in labour law, tax law and other legislation.

I come from the constituency in which the unfortunate bus accident to which the Deputy referred took place. The bus in question was a public transport school bus operated to the highest standards. The other accident to which the Deputy referred involved a bus serving a route that is subvented. Neither of those buses involved private sector operators, but I do not want to go down that route. We have by and large a good record on public transport companies. Private transport companies have a good record on road safety and employment.

I dealt at great length with the amendments and told the Deputy of the strong advice that we received in respect of amendment No. 29 regarding fiduciary taxes. That position has not changed. The provision we have in this respect is a standard one that applies to all Government contracts.

All the other issues raised by the Deputy were discussed at length on Committee Stage. I appreciate the Deputy's support for the general thrust of the legislation. I acknowledge that and his efforts to improve the legislation, but I cannot deal with the amendments he has outlined in this legislation. I have given him a commitment in regard to road transport operator licensing legislation to be introduced in the coming year.

Amendment No. 31 is probably more relevant to section 13, which facilitates the imposition of——

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