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Written Answers — Rail Network: Rail Network (24 Nov 2009)

Noel Dempsey: Iarnród Eireann is continuing to progress the planning and design of the DART Underground. I understand from Iarnród Eireann that an application for a railway order for the DART Underground will be submitted to An Bord Pleanála in early 2010. It is intended to procure the DART Underground project as a PPP. Iarnród Eireann is planning to commence the formal procurement process during 2010....

Written Answers — Rail Network: Rail Network (24 Nov 2009)

Noel Dempsey: Iarnród Eireann is continuing to progress the development of the Navan Rail Link. As I have previously advised the House, work commenced on the construction of the Clonsilla – Pace section (Phase 1) in December 2008 and is on target for delivery next year. €404 million was allocated to Iarnród Éireann, following the supplementary Budget in April, to progress the rail safety and...

Written Answers — Road Safety: Road Safety (24 Nov 2009)

Noel Dempsey: The issue of Compulsory Basic Training for motorcyclists is primarily a matter for the Road Safety Authority. I understand that the RSA decided to run a pilot programme to prepare for the introduction of Compulsory Basic Training (CBT) for Motorcycles, before launching a full scale CBT programme. This pilot programme was completed earlier this year. Other necessary conditions are, I...

Written Answers — Road Safety: Road Safety (24 Nov 2009)

Noel Dempsey: As this relates to commercial trading it is a matter for the Consumer Protection Acts and not for the Road Traffic Acts. I understand that the Consumer Protection Act 2007 makes it an offence for a trader to engage in a misleading commercial practice, which would include the provision of false information in relation to a "products usage or prior history" to the extent that the information...

Written Answers — Irish Language: Irish Language (24 Nov 2009)

Noel Dempsey: Costs incurred for translating and printing all State documents into Irish by the Department of Transport in respect of the year 2008 and up to the present time amount to: €128,291. Wherever practicable, documents in my Department are published electronically in order to minimise costs.

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: As the Deputy will recall, we discussed this issue at great length on Committee Stage when I set out in detail the reasons I could not accept the proposed approach. The major reason remains the issue of commercial confidentiality for proposals to provide commercial bus services. A great deal of commercial detail must be presented to the authority when it is considering bus licences. It is...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: The Bill reflects the Government's commitment to reform bus licensing to facilitate the optimum provision of services by providing a level playing field for all of the market. Deputy Broughan's amendment, while it seeks to treat all parties equally, would provide result in public transport companies being treated more equally than the private sector. Representatives of the Coach Tourism and...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: I know what the Deputy is trying to achieve in either one or both of the amendments. I have had a good look at this during the course of the passage of the Bill and discussed it with officials and others. What the Deputy's amendments would do is almost the exact opposite of what he wants to do. I acknowledge what the Deputy has said about amendment No. 14 in particular. However, if either...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: The Deputy asked me to have a look at this issue, which I did, to see if there was an alternative to the phrase "any or all" or if it should be tightened up. I have considered it very carefully and came to the conclusion that the phrasing as it stands is probably the most effective. I will explain briefly the reasoning behind this. It would not be in the interest of the national transport...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: Deputy Broughan proposed the amendments and has divided them into two groups so I will follow his template. The purpose of section 10 is to establish an overall framework for the consideration of applications for bus route licences by the authority. Such consideration must be pursued, having regard to the general objectives of the authority provided for in section 10 of the Dublin Transport...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: It could. There is also provision in the legislation for the revocation of a licence where people breach the terms.

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: With regard to the Disability Act 2005, operators will have to run services in accordance with the law. The Act sets out a timetable for the provision of services and accessibility and so on and that will apply across the board. The fleet of our main public transport provider is 82% accessible by people with disabilities. Deputy O'Dowd raised a query about level playing fields earlier but...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: As I said on Committee Stage, the effect of the amendment would be the opposite of what the Deputy desires. The legislation contains protections for the network and I agree with the Deputy that it is extremely important that the concept of the network be protected as much as possible and it is not seen as a collection of individual routes. One of the effects of the amendment would be that...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: Amendment No. 23 focuses on sub-paragraph 10(1)(b)(iv). The paragraph is based on the reasonable assumption that the public would benefit from a proposed public bus service. The removal of this provision could give rise to claims from the existing operator on a route, whether public or private, that he or she has an exclusive right to the route, given the absence of any account being taken...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: I thank the Deputy for his contribution but a fundamental point that must be reiterated is that anybody who operates a business, whether it be a transport business or some other business, must do so in accordance with the laws of the land. If operators do not do so, agencies of the State generally or active trade unionists are quick to highlight that, and that is as it should be. I commend...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: I have covered the points dealt with in those amendments.

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: This proposal seeks to introduce a requirement for the authority to invite and consider local authority submissions in the case of all bus licence applications. It also stipulates that making a submission would be a reserved function of the local authority unless a period of 35 days elapses after which it would be an executive function. As the Deputy pointed out, this was discussed at...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: The Deputy proposed his amendment and set out my response to it. He is correct that we have discussed this on several occasions. The existing provision is adequate in that the condition can only be applied in respect of certain categories of licence until such time as all buses in the market are accessible. We would not create a level playing field by including the proposed amendment. The...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: We held a long discussion on the amendments proposed by Deputy Broughan on Committee Stage but my view has not changed. It is unrealistic to expect that applicants for licences to provide public bus services on a commercial basis would be required to enter bonds or give guarantees in respect of the operation of those services if there is no cost or risk to the State. I reiterate my response...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Noel Dempsey: The amendment provides for the potential to establish a levy on applications for licences. As stated, section 12 gives the authority to determine the fees to be charged for bus licence applications under the Bill. The fees are not refundable and will be used to defray the expenses of the authority. They will also apply to everyone who applies for a licence. Section 12(4) proposes that the...

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