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

Paschal Donohoe: I am conscious of much of the debate that took place recently regarding a draft plan that arose from the Oireachtas transport committee of which I am a member. Many people responded to that plan in respect of cars being taken out of the city centre and the effect of that not only on residents but on businesses also. The Minister is already aware of this point but I must take the opportunity...

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

Paschal Donohoe: I ask the Minister, when he is making the amendment he suggested regarding the participation of local authority members, to keep the remit for such members as wide as possible. I am aware that in other parts of the legislation the Minister is quite specific in suggesting that members of the regional authorities or assemblies should be involved in the Dublin transport authority. In any...

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

Paschal Donohoe: Will the Minister clarify two points on this amendment? How common is a clause such as this in legislation setting up an organisation such as the Dublin transport authority? When I read the section, it appeared to that this was a blanket cover to the effect that anybody working for the Dublin transport authority would be immune from prosecution for services he or she was not providing....

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

Paschal Donohoe: Senator Ellis and I have raised a question about section 43(d). I am not convinced about the need for such a strong immunity for the authority itself. I have, however, a wider concern about whether such immunity should be extended to a third party working for the authority. Will the Minister give an assurance that such a clause is commonplace in enabling legislation establishing new bodies...

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

Paschal Donohoe: I move amendment No. 43: In page 38, subsection (10), line 24, after "Authority" to insert the following: "but must in the first instance be open to competitive tender to all public transport operators". We have had full discussions about amendments of this kind already. The Dublin transport authority should play a more active role in stimulating competition for new routes and modes of...

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

Paschal Donohoe: I move amendment No. 45: In page 42, before section 52, to insert the following new section: "52.—(1) The Authority shall issue additional public service contracts where it can be shown by any person or body corporate that- (a) there is a requirement for such service in the general economic interest; and (b) a public service operator has the capacity to provide such a service. (2) The...

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

Paschal Donohoe: The Minister's response indicates clearly that this is one of the pivotal sections in the Bill, which I acknowledge. I also take on board his point regarding the language of my amendment. The concern we should all share with regard to the Bill is that we might get a phrase or clause wrong in such a way that creates vulnerability for an organisation in determining future transport policy in...

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

Paschal Donohoe: I thank the Minister for his response. He has clarified that within the greater Dublin area, the DTA will be the competent local body while elsewhere it will be the Department of Transport. I am teasing out this point because it is of pivotal importance to this legislation and how the authority will work. Will the Minister explain the position on routes that do not originate within the...

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

Paschal Donohoe: I thank the Minister for his clarification. I will withdraw my amendment, particularly in light of his points. However, this area is ripe for confusion or exploitation in that the Department of Transport will be the national deciding body on transport policy while the Dublin transport authority will be operating in the greater Dublin area. The Oireachtas and those involved in the provision...

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

Paschal Donohoe: I move amendment No. 50: In page 43, subsection (5)(b), line 23, after "services" to insert the following: "in objectively justified cases and in a proportionate manner".

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

Paschal Donohoe: I move amendment No. 51: In page 43, subsection (5), lines 30 to 39, to delete paragraph (c) and substitute the following: "(c) (i) The Authority shall, six months prior to the expiration of any direct award contract, invite and consider tenders from any public transport operator in respect of the relevant public transport service contract or any portion thereof. (ii) The Authority shall...

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

Paschal Donohoe: I thank the Minister for his clarification. I do not seek to remove the ability of the new authority to award direct contracts to organisations for the provision of transport services for the Dublin area. The Minister has clarified the process that takes place up until the awarding of the contract. What I have in mind is large developers and organisations for which I do not frequently have...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Paschal Donohoe: I support Senator Ryan's amendment. As I indicated, politicians must be involved in running the Dublin transport authority and holding it to account. The amendment is timely in the light of the proposals for a directly elected lord mayor of Dublin emanating from the Department of the Environment, Heritage and Local Government. If it were to transpire that the people of Dublin elected a...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Paschal Donohoe: If Dublin Bus proposes to open a new bus route, the Dublin transport authority has the power to reject it and provide the service directly. The reason it is not proposed to appoint persons from these organisations to the board is that many of the powers they have traditionally wielded will be transferred to the Dublin transport authority. One reason for having these organisations...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Paschal Donohoe: I agree with what the Minister said about the need to ensure the board is capable of overcoming any vested interests. Therefore, it is probably inappropriate that one would have chief executives from the different organisations on the board.

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Paschal Donohoe: This states at least three. We need to ensure we find a way to retain the expertise in these organisations and that it is not lost in the transition to the Dublin transport authority. The Minister said this was a regulatory body but a later section in the Bill illustrates the potential for conflict. Not only is this a regulatory body but it also has the potential to be the provider of last...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Paschal Donohoe: Will the Chair verify for me that amendment No. 24 is out of order?

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Paschal Donohoe: I move amendment No. 25: In page 21, subsection (5)(a), line 23, after "movement," to insert "and representatives from the private sector". I am prepared to withdraw amendment No. 25 so that we can look at the language for that on the next Stage. I want to focus now on amendment No. 26, the objective of which is to find some way of ensuring the passenger has a voice on the board. The...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Paschal Donohoe: I have many hurdles to cross before considering any such role. Currently, however, I am a passenger on many of the services represented here. I want to ensure that the Minister is obliged to consider people using the services when selecting members of the board. Many of the representatives of groups such as Platform 21 or the rail users' group have relevant experience of the services and...

Seanad: Dublin Transport Authority Bill 2008: Committee Stage (8 May 2008)

Paschal Donohoe: I will not press it but I ask that the Minister consider this point. The group that has least mention here is the passenger. I appreciate if the Minister and his Department could examine some of the provisions here on Report Stage and find a way of offering guidance to his successor that the passenger should be represented.

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