Results 2,021-2,040 of 11,242 for speaker:Noel Dempsey

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

Noel Dempsey: Amendment No. 37 refers to geographical areas. I addressed this issue on Committee Stage and in response to amendments Nos. 2, 6 and 7, so the Deputy will understand if I do not go back to it again. Amendment No. 38 refers to the accessibility of standards. We have had a fair amount of discussion on this. The important issue on such standards is that the authority may apply conditions to...

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

Noel Dempsey: To clarify, section 20 already provides for the continued operation of all existing commercial bus services, whether they are provided under licences granted under the 1932 Act or are being operated by Bus Éireann or Bus Átha Cliath. It covers the point made by the Deputy. The continued operation of funded bus services by the State companies has already been addressed through section 52 of...

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

Noel Dempsey: No, it is in the legislation.

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

Noel Dempsey: The appeals system established in section 22 provides that officers specifically appointed for that purpose by the chief executive officer of the authority will determine the appeals, and those appeals officers will act independently in the performance or functions set out in the section. It is not unusual and the Deputy referred to the social welfare appeals process, where medical card...

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

Noel Dempsey: Amendment No. 60 is not appropriate to the Bill as it has no direct relevance to the licensing of public bus passenger services. Under Part 2, exclusive rights have been afforded to Bus Éireann with regard to the continued provision of the public bus services currently being provided by the company, as outlined in section 52(1)(b) of the Dublin Transport Authority Act 2008. That right is...

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 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 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...

Written Answers — Air Services: Air Services (24 Nov 2009)

Noel Dempsey: A representative from Aer Lingus briefed officials from my Department on a range of proposals under the Company's cost restructuring plan following the company's announcement of its plan to the Stock Exchange on 7 October. My officials subsequently briefed me on the proposals. Decisions on commercial and operational issues are entirely a matter for Aer Lingus. I have no statutory function in...

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

Noel Dempsey: The European Commission indicated in July 1997 that the Percent for Art Scheme should not apply to EU co-financed projects. This decision applies to the Graiguenamanagh Relief Road.

Written Answers — Departmental Properties: Departmental Properties (24 Nov 2009)

Noel Dempsey: The Office of Public Works is responsible for the procurement of office accommodation required by my Department and accordingly that Office deals with any rental or leasing issues arising in those properties.