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Written Answers — Rail Services: Rail Services (15 Oct 2009)

Noel Dempsey: I refer the Deputy to the answer given yesterday to Dáil Questions Nos. 201 and 202. The position remains unchanged.

Written Answers — Air Services: Air Services (15 Oct 2009)

Noel Dempsey: The cost-restructuring plan recently announced by Aer Lingus Group plc is entirely a matter for the Board and management of the company. I was not advised by the company of the details of the plan in advance of the announcement to the Stock Exchange. A representative of the company briefed officials from my Department on the details of the plan on 7th October following the company's...

Written Answers — Public Transport: Public Transport (15 Oct 2009)

Noel Dempsey: The initiation or alteration of a bus service by Dublin Bus is subject to compliance with a requirement to give advance notice to my Department and to compliance with the provisions of Section 25 of the Transport Act 1958 concerning competition with licensed private operators. Where proposed services by the Company are deemed to be in competition with services that are the subject of a...

Written Answers — Public Transport: Public Transport (15 Oct 2009)

Noel Dempsey: The initiation or alteration of a bus service by Dublin Bus is subject to compliance with a requirement to give advance notice to my Department and to compliance with the provisions of Section 25 of the Transport Act 1958 concerning competition with licensed private operators. Where proposed services by the Company are deemed to be in competition with services that are the subject of a...

Written Answers — Ministerial Travel: Ministerial Travel (15 Oct 2009)

Noel Dempsey: The information sought by the Deputy is being compiled and will be provided to him as soon as possible.

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: The primary purpose of the Bill, as several Senators noted, is to try to establish a modern system for the licensing of all commercial public bus passenger services, with the objective of promoting regulated competition in the provision of such services on a national basis and in the national public interest. The main basis of the legislation was the commitment in the 2007 programme for...

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: I have addressed the point. While I accept the motivation of the Senator in tabling the amendment, the inclusion of the text would have the opposite effect of that which he and I desire.

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: When discussing this amendment it is important that we remember two things are in play, namely, competition and the consumer and commercial interests and the consumer. In some cases, despite what people might think, commercial interests do not always favour or take decisions on the basis of the good of the consumer. We are discussing, as Senator Ryan said, consumers which may not be very...

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: In case anything I said implied the contrary, I understand exactly where the Senator is coming from. I did not mean to imply that he was an unmitigated capitalist or whatever else, although I do not think he would have any objection to that name in other areas. Demand or potential demand is a test against which all applications can be considered. To a certain extent, there may seem to be a...

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: I will address the amendments before responding to the additional matters raised by Senators. The section establishes general provisions informing the consideration of applications for bus licences by the authority. Section 10(1)(b) sets out a range of matters which the authority may consider, having regard to the category of licence in respect of which an application has been made. In the...

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: I cannot know it as a fact but it will be made clearer in this Bill and the authority will be able to investigate behind the figures. I accept there are difficulties at present in going behind the figures because of the expertise required. However, this Bill will allow that to happen and because it is a much more transparent contract system, it will make it more easier to know that the...

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: Senator Ryan has done a good job of putting forward his own proposal and giving my answer to it. He summarised the arguments succinctly and I do not propose to go back over them. I certainly would not favour the idea of this being a reserve function of the members of a local authority because that would be a recipe for all sorts of vested interests preventing any licences being issued. On...

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: I do not want to rehash the argument as the Senator has made the case. With regard to timetables, I favour the retention of "may" rather than "shall", precisely for the reason given by the Senator about one-off events and so on. However, I was just having a conversation — for which I apologise to the Senator — about the licence. The argument being used is that if we say "shall", the...

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: Yes.

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: I acknowledge the fact that this arises from discussion in the course of Committee Stage debate on this section. At that stage it was suggested by Senator Ryan that it had never been the practice to authorise gardaí to prosecute summary offences because they have that authority in common law. The provision was without drafting precedent and accordingly it was proposed that the reference to...

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: The Dublin Transport Authority Act 2008 provides that the authority can make inputs at all stages in the preparation and review of the regional planning guidelines, development plans and local area plans within the greater Dublin area. The expanded role that was given to the DTA in respect of those processes reflects the fact the authority is also mandated under the Act to produce a...

Seanad: Public Transport Regulation Bill 2009: Report and Final Stages (15 Oct 2009)

Noel Dempsey: As the Senator says, we will agree to disagree. I addressed the question he raised about the difference between the powers of the DTA and what we will give to the NTA for areas outside the greater Dublin area but I will do so further on a later date. Because of the urgency of the situation within the greater Dublin area, it is fundamentally different to the expansive countryside the NTA is...

Written Answers — Road Safety: Road Safety (20 Oct 2009)

Noel Dempsey: A Road Traffic Bill, which inter alia provides for a reduction in the drink driving limit (Blood Alcohol Concentration levels) for drivers, is nearing completion and I hope to publish it this month. The Bill takes account of the proposed BAC levels made by the Road Safety Authority last year.

Written Answers — State Airports: State Airports (20 Oct 2009)

Noel Dempsey: I propose to take Questions Nos. 312 and 317 together. Decisions on commercial and operational matters at Aer Lingus are a matter for the Board and management of the Company and it is not open to the Government to intervene in such matters. Aer Lingus is an independent Company and it has to make decisions on a commercial basis. The State's 25% shareholding does not confer on the Government...

Written Answers — Cycle Facilities: Cycle Facilities (20 Oct 2009)

Noel Dempsey: I propose to take Questions Nos. 313 and 332 together. Good progress is being made on the development of an interurban National Cycle Network. Two projects have been approved in Cork; the Passage West to Rochestown route, and the Carrigaline to Crosshaven route, and work has commenced on the former. In Mayo works are already underway to provide 17.5km of cycle route from Newport to Mulranny....

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