Fergus O'Dowd (Louth, Fine Gael)

I am taking this matter on behalf of the Minister for Transport, Tourism and Sport, Deputy Varadkar, who is unavoidably absent. I thank Deputy Ferris for raising this issue. I was not aware until now of the information which the Deputy has just put into the public domain. Perhaps he will provide me with a copy of it.

As the Deputy will be aware, the Minister for Transport, Tourism and Sport, Deputy Varadkar, does not have an operational role in larnród Éireann nor does he make decisions on awarding of contracts by the company. This is a matter for larnród Éireann and its parent, CIE, in accordance with their procurement policies. The Minister understands from larnród Éireann that on 20 February 2010 a procurement process was advertised in the Official Journal of the European Union seeking expressions of interest from economic operators in a procurement competition intended to lead to the award of a contract to operate and maintain the On Track Machines, OTM, fleet. A procurement evaluation panel, which consisted of suitably qualified and experienced larnród Éireann infrastructure managers, determined which was the most economically advantageous tender having regard to the award criteria. On the basis of the decision of the procurement evaluation panel, approval from the board of larnród Éireann and the board of CIE was sought to conclude negotiations and to award a contract to the preferred bidder, in accordance with CIE Group procurement policies and procedures. The decision was approved by the board of larnród Éireann on 25 October 2011 and by the CIE board on 3 November 2011.

The participants in the tender process were advised on 9 November 2011 of the decision reached in regard to the award of contract, in accordance with the requirements of SI 131/2010 European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) Regulations 2010. Under the Railway Safety Act 2005 and EU Directives, the Railway Safety Commission, RSC, is responsible for the regulation of railway safety in Ireland and ensures compliance with EU obligations. In accordance with provisions of the Act, the primary duty of care for the safety of the railways rests with the railway undertaking and its management and staff. On works on the railway, larnród Éireann ensures that all such operations comply with overall safety requirements and standards.

The Minister has been informed by the Railway Safety Commission that the activities of any OTM operator-maintainer, including movements over the larnród Éireann network between depot and work site, are subject to safety certification by it based on assessment and acceptance of a safety management system that fully complies with EU regulations.

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