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Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Brendan Ryan: Yes. One follows on from the other. I thank the Minister for his comments. I have a fear of the capture of the chief executive and the management in the form of the chief executive effectively being part of a group or club or whatever. I do not understand the Minister's fears that there may be a loss of focus on the strategy if this issue were dealt with in line with our amendment....

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Brendan Ryan: I move amendment No. 21: In page 18, subsection (2)(d), line 35, to delete "from" and substitute the following: "one of whom shall be an elected member of a local authority in the GDA nominated by local authorities in the GDA acting jointly, and the others being". I raised the issue when the Minister was in the House on the previous occasion that there is no public representative on the board...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Brendan Ryan: I have tabled an amendment to section 40 which essentially deals with the same issue. I will agree to the Minister's request to deal with it at that stage. The principle of having an elected member on the board is important to me and the Labour Party. I hope the Minister will be able to address it in some way either here or later on.

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Brendan Ryan: I move amendment No. 23: In page 21, subsection (4), lines 3 to 8, to delete paragraphs (a) and (b) and substitute the following: "(a) one manager of a local authority within the GDA, (b) 2 members of local authorities within the GDA in addition to the 4 members referred to in paragraph (d),". This amendment relates to the advisory council and makes a point similar to the points I made with...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Brendan Ryan: On the basis that the Minister will consider the matter and, hopefully, come back with something the Labour Party can agree with, I will withdraw the amendment. The amendment suggests one manager of a local authority within the GDA. I know this could be any manager, but it does not preclude the possibility of its being the Dublin City manager.

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Brendan Ryan: I move amendment No. 34: In page 32, between lines 3 and 4, to insert the following subsection: "(6) A disclosure under this section or section 36 or 37 shall be recorded in a register together with particulars of any interest of members of the Authority or persons to whom section 36 or 37 applies, and the register shall be available to public inspection during office hours.". This...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Brendan Ryan: I thank the Minister. The intent was to have a specific register related to the members of this authority but I accept what the Minister says. On the basis that I reserve a position on it, I withdraw the amendment.

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (Resumed) (13 May 2008)

Brendan Ryan: In our previous discussions on Committee Stage we agreed that further substantive debate could take place today, under this section, on the issue raised in amendment No. 21, which I tabled. It was felt that the areas were related, in terms of the membership of local authority members. Given the Minister's comments today on not excluding members of the board of the Dublin transport...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (Resumed) (13 May 2008)

Brendan Ryan: I move amendment No. 41a: In page 36, line 12, to delete paragraph (a).

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (Resumed) (13 May 2008)

Brendan Ryan: This amendment seeks to delete section 43, paragraph (a). An immunity for individuals in good faith on behalf of the authority, in accordance with section 80, would not be objectionable. However, a blanket immunity against any proceedings in respect of the authority itself for failure to act appears to be open to constitutional challenge, according to our advice. The Minister has an...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (Resumed) (13 May 2008)

Brendan Ryan: Although our legal advice is that this blanket approach might lead to a constitutional challenge later, I do not intend to press our amendment but I reserve the right to seek to have it reconsidered on Report Stage.

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (Resumed) (13 May 2008)

Brendan Ryan: I move amendment No. 83: In page 60, between lines 49 and 50, to insert the following subsection: "(7) Documents subject to legal professional privilege shall not be liable to production under this section.". This amendment is part of the section that deals with authorised officers and the powers to call for production of documents and so on. Our advice is that the insertion of subsection...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (Resumed) (13 May 2008)

Brendan Ryan: I note the Minister's comments but I will revisit my legal advice. I withdraw the amendment but reserve the right to re-introduce it.

Seanad: Order of Business (15 May 2008)

Brendan Ryan: Immediately after the conclusion of the Order of Business this morning, Members will complete their deliberations on the Dublin Transport Authority Bill 2008 by debating the Bill's Report and Final Stages. As Members are aware, this Bill was initiated in this House and in recent weeks, Members have devoted much effort to it. Many Members spent much time on the Bill, tabled many amendments...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Brendan Ryan: I move amendment No. 2: In page 12, between lines 40 and 41, to insert the following: "(c) the borough of Drogheda and". I raised this matter on Second and Committee Stages. The Minister has included places such counties Meath and Kildare in the definition of the greater Dublin area but he has not included Drogheda which has developed to the extent that it is almost seamless with Dublin. I...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Brendan Ryan: I do not intend to press the amendment but I wish to comment on the Minister of State's response. The legislation is trying to deal with the transport requirements of regular commuters into the Dublin region. It is wrong to exclude somewhere like Drogheda and not take into account the needs of commuters in the north Fingal area who use Drogheda commuter line trains to reach Dublin. We have...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Brendan Ryan: Is there a document indicating which amendments are grouped together?

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Brendan Ryan: I thank the Minister of State for his response. We will not fall out over the exclusion of our words in particular and I am prepared to withdraw the three amendments.

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Brendan Ryan: I second the amendment.

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Brendan Ryan: I move amendment No. 16: In page 18, between lines 30 and 31, to insert the following: "(2) The chief executive of the Authority may attend at meetings of the Authority and speak but shall not be a member of the Authority.". The purpose of the amendment is to ensure appropriate standards of corporate governance are maintained. It would be preferable to have a separation between the governing...

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