Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I move amendment No. 47:

In page 54, to delete lines 35 to 39 and substitute the following:“(3) Where the third country body has provided notice to the Authority of an application from a carrier to provide services similar to those referred to in section 28G(6) under the law of that country, the carrier may provide such third country bus services under and in accordance with this Part on and from the date of receipt by the Authority of said notice.”.

I propose this technical amendment, No. 47.

In the Bill, as initiated, this section can be interpreted as placing a statutory obligation under Irish law on a third country body, for instance, a regulatory body in the North. Without amendment, the section would require a competent authority in a third country to provide notice for the NTA in Ireland. This constitutes a statutory obligation which could be challenged by a third country body since it is a body established outside the jurisdiction. Our intention is that bilateral arrangements between Ireland and the United Kingdom will make clear to both jurisdictions their respective responsibilities in relation to third country bus services and the provision of notices, etc. This technical Government amendment means that while the essence of the provision remains, the statutory obligation on the third country body to provide notice for the NTA is removed.

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