Results 4,561-4,580 of 11,242 for speaker:Noel Dempsey

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

Noel Dempsey: I am persuaded by the argument made by the Senator in this regard. The deletion of section 56(a) would benefit the legislation. While I take the Senator's point that the Bill, as it stands, could be construed as allowing the authority to act as an operator of last resort in advance of the service being provided——

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

Noel Dempsey: ——that is obviously not the intent or focus of section 56(a). The section will provide that an intervention can be made if someone who is being paid to provide a service goes bankrupt, does not provide the service or provides a really bad service. I will accept Senator Donohoe's amendment No. 52.

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

Noel Dempsey: The Senator is trying to replicate the terms of section 58(9)(c), which relates to integrated ticketing schemes, in section 59. He is attempting to provide for the sharing with other statutory authorities of data generated under such schemes. Section 58 provides that the information of most use to most bodies may be shared. Such information may relate to the numbers travelling, the...

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

Noel Dempsey: Such information can be used by a variety of organisations for statistical purposes under the terms of section 58. This section deals with fares. It provides that a fares scheme will be used as a kind of financial clearing house to facilitate the collection and distribution of revenues generated from smart cards and prepaid and onboard ticket sales across the various modes which will...

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

Noel Dempsey: Under the Road Transport Act 1999, bus operators must, as a condition of their operating licences, ensure adequate parking spaces and operating premises are provided in the State for the vehicles they operate or intend to operate under such licences. Bus operators are subject directly to the Road Traffic Acts, including the regulations relating to parking, during the course of their...

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

Noel Dempsey: This is a technical amendment correcting an inconsistency between the use of the word "developments" in section 12(5)(g) and "development" used in section 64(2)(f). The correct word is "developments".

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

Noel Dempsey: This amendment inserts a reference to the NRA in section 64(4). It deals with the preparation by the authority of a strategic traffic management plan for the greater Dublin area. Subsection (4) puts an onus on the authority to consult with several interested parties when preparing such a plan. In listing the relevant parties, the inclusion of the NRA as a body to be consulted was...

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

Noel Dempsey: These are technical amendments to replace the three references in section 65 to "a road authority" with reference to "the road authority".

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

Noel Dempsey: Sections 65 to 67, inclusive, concern the preparation of local traffic plans by road authorities in the greater Dublin area, the issuing of traffic management guidelines by the authority to those road authorities, and the giving of directions by the authority to those road authorities. Section 65 incudes a requirement that each road authority in the greater Dublin area must specify its use...

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

Noel Dempsey: This is a technical amendment to section 73 to remove an inconsistency in the wording used. In subsection (3) the phrase "making a direction" is used when the correct phrase is, in fact, "giving a direction".

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

Noel Dempsey: This is a technical amendment. Subsection (4) contains two references to "data and statistics". However, the correct term, and the one that is used elsewhere in section 73, is "data or statistics". Accordingly, the purpose of the amendments is to make these two corrections.

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

Noel Dempsey: This subsection puts an onus on port and harbour companies and authorities to consult with the authority prior to the construction of any major port developments, which in their view would have a major impact on the involvement of persons and goods in the greater Dublin area. The wording, as currently drafted in the Bill, could be construed as limiting the effect of this section to harbour...

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

Noel Dempsey: I confirm to the Senator that the legislation would apply to any port, public or private, that might affect transport in the greater Dublin area. Potential developments at Dublin Port would be affected by this legislation. The port authorities would be able to obtain or consider the views of the Dublin transport authority before undertaking any major developments. This is the intention of...

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

Noel Dempsey: While I accept the intent of this amendment and that it is important legal professional privilege is protected for every one, I am assured such privilege does not require specific mention in the legislation or in the Statute Book. It has been pointed out to me that legal professional privilege has existed as a common law right and has protected citizens in a generic fashion for many years....

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

Noel Dempsey: The purpose of section 80 was to indemnify specified personnel against actions or claims made against them in the course of their duties, provided the authority was satisfied that such people were acting in good faith. However, I propose to delete this section because while such a provision has been a regular feature in establishing a State body, the current thinking is that an...

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

Noel Dempsey: Yes.

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

Noel Dempsey: I move amendment No. 85: In page 62, subsection (6)(c), line 32, to delete "registered". These are technical amendments and I move them on the advice of the Office of the Parliamentary Counsel. The purpose of the amendments is to delete superfluous references to registered post which appear in sections 81(6)(c) and 81(6)(d).

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

Noel Dempsey: I acknowledge what the Senator has said and I confirm that as a Minister I do not feel I must willy-nilly slavishly follow advice or recommendations I am given. It is important that we seek advice, consult as widely as possible in various areas and ask people for their considered views. At the end of that in view of all the circumstances the Minister should make up his or her mind as to the...

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

Noel Dempsey: The purpose of the amendment is to correct a spelling error.

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

Noel Dempsey: If the Senator looks closely at section 113 he will see the reference to "an asset value specified in regulations", which means that issue is covered. Senator Donohoe gave an example of the threshold. I am not nit-picking but even a small piece of property in the middle of or in the vicinity of a railway station can become valuable if it becomes a ransom strip. One has to watch for those...