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Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: After considering the amendment, the Minister for Finance does not think it appropriate to confer such an obligation on a statutory basis. As members of the commission might be deemed to report to their chairman in the first instance, the amendment could affect the balance of power. In any case, section 16 of the 2003 Act provides that the Secretary General may advise the Commission and its...

Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: I do not know the answer to the Senator's questions. However, we cannot prescribe in the legislation the sanctions or warnings which the commission shall set out.

Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: Putting the audit committee on a statutory basis reflects the fact that audit committees of other Departments have a statutory basis too. It gives some form of protection or architecture within which the audit committee can operate which is necessary because of the nature of its work and the sort of world we live in now. This is deemed to be good and best practice. This is not to suggest...

Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: I know the Senator will make that case to the electorate in the next general election. We should not, therefore, unduly restrict the pool of talent from which qualified, willing candidates can be drawn. In the circumstances, the Minister cannot accept the amendment but he understands the logic behind it.

Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: That would be a very difficult situation.

Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: No. It simply places the committee on a statutory footing.

Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: It is there to advise the Secretary General and then report to the board. These are two very different things.

Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: The request is certainly noted. Note will be taken of what Senator O'Toole said, not least because of his experience in this area. I do not think I will be embarrassed by the comments I made in my reply on Second Stage. I was making the point that because the Senator was reading from a code of practice which applies to a different corporate entity, this does not mean seriatim that it must...

Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: That is another issue. The boards of many plcs and corporate entities have finance committees. It serves to illustrate the point that every entity is different. The reason the Minister cannot accept the amendment is because of its wording and the power it gives to the Secretary General. The Minister considers the amendment inappropriate in the case of the Secretary General, and...

Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: I accept that.

Seanad: Houses of the Oireachtas Commission (Amendment) Bill 2009: Committee Stage (3 Dec 2009)

Peter Power: There are two points. We have discussed the distinction between reporting and advising. The point the Senator makes about reporting on an ongoing or regular basis is well made. The audit committee has the function to report on an annual basis but is not prevented from reporting on an interim or ad hoc basis as matters arise. As the Senator correctly asks, is there any point in advising...

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

Peter Power: I thank Deputies O'Dowd and Broughan for their contributions. I have rarely on Report Stage seen such a large group of amendments on varied issues that have been teased out in committee. The fundamental amendment proposed by Deputy O'Dowd goes to the heart of the legislation and demonstrates the key difference that divides the Fine Gael Party and Government on this matter. The core purpose...

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

Peter Power: If we were to replace it by competitive tendering——

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

Peter Power: The Deputy's amendment does not serve the customer.

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

Peter Power: Ultimately, it would serve the service provider, as it does in all completely regulated markets. I would agree with the points made by Deputy Broughan in regard to the United Kingdom, where it has not worked, either by way of bundling or complete deregulation. There is no regulation of commercial bus services in Britain and the Deputy has cited some examples in that regard which show that,...

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

Peter Power: We fundamentally disagree with the Fine Gael position. The Deputy says this is a charter for no change. It is a fundamental change in our bus licensing legislation from the 1932 Act and the Transport Act 1958 to deal with the circumstances that suit Ireland. We disagree on one basic fact, namely, if we were to accept the Fine Gael proposal, the obligation would be on the national transport...

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

Peter Power: Amendment No. 1 seeks to amend the definition of a bus to incorporate small public service vehicles with a minimum passenger accommodation of five persons including the driver. The Minister of Transport pointed out during the consideration of this amendment on Committee Stage that the word "bus" is defined in the Bill as a mechanically propelled vehicle designed for travel by road with...

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

Peter Power: I acknowledge the points and arguments put forward by both Deputies in respect of the amendments. I also acknowledge Deputy Broughan's long-standing attachment to this issue. Amendments Nos. 2 and 7 are linked in that they put forward a proposal under which pre-booked services would be the subject of the licensing system laid down in the Bill. That system is focused on something entirely...

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

Peter Power: I do not disagree with many of the points made by Deputy Broughan. However, there is an essential difference between small vehicles booked in a private capacity and buses which can accommodate nine people or more. The national transport authority — which, under this legislation, the Dublin Transport Authority will become — could not possibly deal with the former. I am not stating that...

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

Peter Power: I will undertake to convey that to the Minister.

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