Results 6,661-6,680 of 11,242 for speaker:Noel Dempsey

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

Noel Dempsey: We can discuss how this will be done on Report Stage. It is possible that we could make this very simple, though sometimes people do not like simple language in legislation.

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

Noel Dempsey: If a person becomes a Member of either House of the Oireachtas or the European Parliament that solves the problem. We will look for an agreed way forward on this. I will give consideration to Senator Donohoe's point.

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

Noel Dempsey: The bad news for Senator Ryan is that when we looked at this again, it was decided that I should withdraw my amendments. I take it we are taking these two together, amendment No. 41a and my amendment to delete section 43. The Government is withdrawing the proposal for the deletion of the section, therefore, Senator Ryan and I are not ad idem, but rather on opposite sides in this regard.

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

Noel Dempsey: It was originally proposed to delete section 43, but we received further legal advice in this regard to what is contained in the section. It is a common provision in legislation establishing State bodies. Its purpose is to ensure no one can seek to claim damages from, inter alia, the authority or a subsidiary of the authority in circumstances where the authority or its subsidiary fails to...

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

Noel Dempsey: I do not propose to delete it.

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

Noel Dempsey: Such a provision is contained in the Roads Acts. The Senators are having some difficulty with this clause. I was accused of dithering about it earlier by Senator Norris but he has changed his position four times since we started. There is a certain amount of confusion, largely because of the amendments. I will examine this again on Report Stage. The provision states no action or other...

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

Noel Dempsey: The Senator wants all public transport networks to be open to competitive tender. Section 44(9) allows the authority to exploit commercial opportunities arising from its functions under Part 3. This includes aspects such as public transport infrastructure, public passenger transport services, integration measures, traffic management, research and information. Section 44(10) enables the...

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

Noel Dempsey: These sections are important, as the Senator has said. Before I address the specific amendment, it is important to put in place the background to this overall chapter. As Senators have said and as they will know from the Bill, the immediate results that will flow from the chapter we are discussing here are that the procurement of all public transport services in the greater Dublin area will...

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

Noel Dempsey: On the Senator's specific questions, which are valid, the DTA will be the competent authority for transport in the greater Dublin area. The Department of Transport will continue to be the competent authority outside the greater Dublin area. As stated in a newspaper article on the Bill, the Government is not handing over all policy-making power and will still be responsible for transport...

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

Noel Dempsey: To reiterate, we are concerned here with competent authorities. The Department of Transport is a competent authority and the DTA will be part of that authority. That is the position, particularly under EU legislation. On the specific point on publicly funded transport services — provided, for example, by Bus Éireann or Iarnród Éireann — that commence or terminate beyond the greater...

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

Noel Dempsey: The new EU regulation on public service obligations creates the framework that dictates how member states can award exclusive rights and pay compensation for public bus and passenger services in respect of which the public service obligations have been imposed. A specific right is provided for in the regulation to allow one to do this. Under the regulation, which will apply from 3 December...

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

Noel Dempsey: This chapter relates to the legislative basis for the procurement of bus, rail, metro and light rail public passenger transport services by the Dublin transport authority in the greater Dublin area. As for public bus and rail services, procurement will arise only where a public service obligation is determined and there is a consequent requirement to subvent the operation of such services....

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

Noel Dempsey: As was the case with amendment No. 45, the capacity to review direct award contracts must rest with the authority. However, in the case of a review under section 52(5)(b), the authority must engage in a public consultation process provided for in section 52(5)(d). As part of that process, the authority is required to consult the service provider as well as other potential interested...

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

Noel Dempsey: This section establishes, in a very clear manner, that the scope of the direct award contracts will extend to encompass the existing funded bus services in the greater Dublin area, but will also allow for future growth in respect of the provision of rail services. The funding of additional public bus passenger services can only be contemplated through the already mentioned contracts that are...

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

Noel Dempsey: We can clarify that even further but there is a section in the Bill that allows for guidelines to be issued and perhaps we might cover the question in that way.

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

Noel Dempsey: I am persuaded by the argument made by the Senator in this regard. The deletion of section 56(a) would benefit the legislation. While I take the Senator's point that the Bill, as it stands, could be construed as allowing the authority to act as an operator of last resort in advance of the service being provided——

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

Noel Dempsey: ——that is obviously not the intent or focus of section 56(a). The section will provide that an intervention can be made if someone who is being paid to provide a service goes bankrupt, does not provide the service or provides a really bad service. I will accept Senator Donohoe's amendment No. 52.

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

Noel Dempsey: The Senator is trying to replicate the terms of section 58(9)(c), which relates to integrated ticketing schemes, in section 59. He is attempting to provide for the sharing with other statutory authorities of data generated under such schemes. Section 58 provides that the information of most use to most bodies may be shared. Such information may relate to the numbers travelling, the...

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

Noel Dempsey: Such information can be used by a variety of organisations for statistical purposes under the terms of section 58. This section deals with fares. It provides that a fares scheme will be used as a kind of financial clearing house to facilitate the collection and distribution of revenues generated from smart cards and prepaid and onboard ticket sales across the various modes which will...

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

Noel Dempsey: Under the Road Transport Act 1999, bus operators must, as a condition of their operating licences, ensure adequate parking spaces and operating premises are provided in the State for the vehicles they operate or intend to operate under such licences. Bus operators are subject directly to the Road Traffic Acts, including the regulations relating to parking, during the course of their...