Dáil debates

Wednesday, 23 September 2015

Public Transport Bill 2015: Second Stage (Resumed)

 

5:35 pm

Photo of Seán KennySeán Kenny (Dublin North East, Labour) | Oireachtas source

This Bill provides for amendments to the Dublin Transport Authority Act 2008, the Taxi Regulation Act 2013, the Road Traffic Act 1961, the Railway Safety Act 2005 and the State Airports Act 2004. It also deals with the functions of the National Transport Authority in respect of public transport infrastructure. The proposed changes will ensure the NTA is able to develop and deliver public transport infrastructure, such as bus rapid transit, BRT, in the event that it is decided to proceed with this project and other similar projects such as cycling schemes. These technical changes to legislation are required to address certain issues identified by legal advisers to the NTA as potentially precluding it from providing such projects.

One proposed amendment ensures the NTA would have the necessary powers to deliver required public transport infrastructure but does not involve a commitment to the development of BRT. Under the capital plan to 2020, funding to support and improve bus services will be a key priority. As well as ensuring a modern efficient fleet, it is essential bus routes and supporting infrastructure facilitate the provision of better and improved services. I understand that a further amendment to the legislation to support this is being considered and will be introduced later.

Changes to how the NTA functions and what it does are worth discussing now in the House, particularly in light of a development that came to light yesterday, namely, that the DART underground project will not proceed as was originally envisaged. While I understand the economic position the country has been in over recent years, I am disappointed that yet again that this project, which would profoundly reshape rail transport not only in Dublin but across Leinster and the wider country, has been put on the long-finger. I would encourage more critical analysis of that decision. There is no alternative to the Dart underground on offer. What was proposed was a railway line running from Inchicore to Spencer Dock via Christchurch, St. Stephen's Green and Pearse Station, which would provide the "missing link" in joining up and integrating all of Dublin's regional and suburban rail services. It has been described by a commentator as Dublin's equivalent of London's Cross Rail. It would enable suburban commuters on the line to Dundalk and Drogheda to travel to Kildare or Maynooth and vice versa. I believe that the postponing of the Dart underground needs to be reconsidered. It is the equivalent of the infamous decision of the former Fianna Fáil Minister responsible for transport, Mary O'Rourke, to have two Luas lines constructed but not joined up. Dublin's public transport needs are increasing. If we do not plan properly for the future development of our public transport system, Dublin and Leinster will lose out. I would like the Minister to respond to the points I have made about DART underground.

Sections 2 and 3 of the legislation provide for amendments to the Taxi Regulation Act 2013. The programme for Government contained a commitment to review and update the regulation of taxis to ensure taxi drivers are recognised as a key component of the public transport system and to provide for a forum for discussion between the regulatory authorities and taxi providers. The taxi regulation review report of 2011 identified 46 actions to address the key issues in the sector in seven areas, including driver licensing, vehicle licensing and standards, accessible services for people with disabilities, compliance and enforcement, consumer and industry assurance, fleet management and rent controls and a rural hackney service to deal with limited access in rural areas. The Minister for the Environment, Community and Local Government, Deputy Kelly, when Minister of State with responsibility for public transport, did an excellent job in this area. I pay tribute to his work in that regard. I believe we should have a Minister dealing particularly and exclusively with public transport. Managing public transport issues across the country is a challenging job and a dedicated Minister of State is best suited to dealing with these issues.

Section 4 provides for an amendment to the Railway Safety Act 2005 to change the name of the Railway Safety Commission to the Commission for Railway Regulation. The Railway Safety Commission was established under the Railway Safety Act 2005 to foster and encourage railway safety and enforce legislation relating to railway safety. The body will have a monitoring function and a role in hearing appeals made by railway undertakings and other interested persons. This is the reason for the change of name.

Section 6 is essentially a technical amendment, correcting section 106 of the Road Traffic Act 1961 which deals with duties on the occurrence of an accident. It was amended in 2014 to introduce new offences for hit-and-run incidents causing death or serious injury. The Attorney General's office has since advised the Department that the amended version of the section contains an implicit contradiction. The new hit-and-run provisions are indictable offences but they come under a section heading referring to summary offences. The Attorney General's advice is that the intention of the law is clear in spite of the error and the Director of Public Prosecutions is continuing to take prosecutions under this legislation. However, it is also the view of the Attorney General's office that the error should be corrected at the earliest available opportunity and this is now being done in this legislation.

On the subject of road traffic legislation, I am proud to have been a member of the Oireachtas Joint Committee on Transport and Communications and to have been involved in making our road traffic rules safer and tougher when it comes to enforcement where dangerous drivers are concerned. Alcohol limits for drivers have been tightened and it is now illegal to drive under the influence of drugs. With this in mind, I commend the Minister, Deputy Donohoe, on his swift response yesterday in signing into law a statutory instrument that addressed the ridiculous situation of a drink driving prosecution being withdrawn because the result of the breathalyser test was read out in English only and not also in Irish. In future, only one of the two primary languages of this State will be required in such matters, which is right given the seriousness of a drink driving case.

I commend the Bill to the House.

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