Dáil debates

Wednesday, 23 November 2011

Road Transport Bill 2011: Second Stage (Resumed)

 

7:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)

I am glad to have an opportunity to speak on this legislation. I can remember speaking on the original road transport legislation 25 years ago, as I am sure can the Leas-Cheann Comhairle. I fear this is a sign of the times.

There are couple of points on which I want to comment. The introduction of regulation to the public transport sector is very important. We must all recognise this has regularised transport methodology right across Europe. There are still some glitches, however.

It is great that we have been able to make progress in the regulation of transport considering that we have failed to have adequate control and regulation in the fiscal and budgetary area. If we had such regulation, we would not have found ourselves in the current circumstances. There is a lesson to be learned from this.

This legislation is very important. The objective is to standardise the rules that apply right across the European Union and ensure customers across the Union can enjoy the same standards.

Several speakers referred to fitness to practice. In recent years, questions were raised about the fitness to practice of certain people involved in the transport of passengers. Perhaps the Minister will state in his reply the degree to which the proposal in this regard will ensure that, where the public relies on public transport, the regulations will be sufficiently and adequately enforced such there are no breaches.

The penalty for a breach in the original legislation was £5,000. It is now proposed that it be €500,000. There is a distinct difference, which is understandable given that the magnitude of today's operations is considerably greater than that of 25 years ago. We need to recognise this.

Two speakers referred to speculation in the oil market and the consequent effect on transport. We hear and are reminded from time to time about how oil prices will increase again. It is stated this is because the Chinese economy is surging, because somebody has coughed in the United States or because an oil well has been closed somewhere, thus leading to an increase in transport costs. We must all realise that not too many economies are surging at present. One can talk about this any way one wants but the reality is that the phenomenon is caused by clever guys, cool dudes, speculating on the oil market. They have been doing it for a long number of years and they are doing it very effectively at present, thus increasing the cost of transport for those who must rely on it.

People in this jurisdiction are quite concerned about people who operate from outside the jurisdiction, especially along the Border counties. Previous speakers have mentioned this. There are those in this jurisdiction who register in other European jurisdictions, including adjoining jurisdictions. This can have an excessive impact on those intent on operating here in terms of competition.

Are the records available to indicate the number of breaches of the existing regulations in this jurisdiction and in each other member state? In order that we might be assured that equality prevails, that there is competition and that like is equated with like, it is important to know the number of breaches recorded in each jurisdiction, the extent to which the rules and regulations were enforced, whether there was a prevailing trend, whether Ireland has been a good adherent to the regulations and how we compare with other jurisdictions. It is critical to know the statistics at a time when we rely so heavily on the road transport sector to ensure our economy receives an opportunity to survive and revive. It is critical that we have as much information as possible.

Consider the various offences that prevent one from obtaining a transport licence, apart from fitness to practice breaches. Other speakers have referred to management skills. Management skills are very important. Prior to the introduction of the existing legislation, well-meaning people with good intentions attempting to provide a required service found themselves lacking the required management skills to provide it. I am reminded of the management skills of those involved in fiscal and budgetary affairs. For whatever reason, these skills were inadequate, thereby leading half the globe into an economic morass. I am a great believer in regulations provided everybody recognises and adheres to them. If they do not, they are waste of time.

The legislation refers to convictions for murder, manslaughter, drug trafficking, certain non-fatal offences against the person, human trafficking, certain sexual offences, money-laundering, theft and fraud offences, firearms offences and aiding and abetting in respect of all these offences. There is a massive list and I hope all the offences have been covered and are recognised right across the European Union. I hope the regulations are enforced equally strictly and without exception in each member state.

Many people in this country and economy depend on transport, as do many of our operators. We will have to compete with those providing services from outside the jurisdiction to an ever-greater extent and we must realise the latter may have lower costs. In such circumstances, it is very important that the rules be applied right across the board and that they be equally effective in each jurisdiction.

Over recent years, the question could have been raised in quite a number of instances as to whether the people involved in accidents were fit to practice. I refer to the driving of very heavy vehicles. The requirement to comply with safety regulations and consider braking distances and the size, weight and power of one's vehicle is much greater when driving a heavy goods vehicle.

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