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Public Transport. (8 May 2008)

Noel Dempsey: That is what we will do in respect of——

Public Transport. (8 May 2008)

Noel Dempsey: If the Deputy does not want to listen to my answer, there is no point in me speaking.

Marine Accidents. (8 May 2008)

Noel Dempsey: Recently, my Department received the report of the Marine Casualty Investigation Board, MCIB, referred to by the Deputy. The report relates to an incident on the Shannon system involving a recreational cruiser. The MCIB report makes a number of recommendations in respect of boat rental companies and inland waterways, including the review of the navigation buoyage system. In the overall...

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

Noel Dempsey: I am surprised Senator Norris and Senator Donohoe automatically assume that because I included the words "the Authority shall consist of a chairperson and 9 ordinary members" and that "five ordinary members, from persons who in the opinion of the Minister have wide experience in relation to transport, industrial, commercial, financial, land use planning or environmental matters, the...

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

Noel Dempsey: Does Senator Norris know something about people in CIE, Iarnród Éireann and elsewhere which I do not know?

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

Noel Dempsey: It does not, nor should it. One should allow the maximum possible discretion to pick the very best people for a board. I acknowledge what the Senator said about my efforts to try to do that at all times. That is why this is made as wide as possible. Making the argument on the other side of that coin, if I end up with a board which has members from Iarnród Éireann, Bus Éireann, Bus Átha...

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

Noel Dempsey: The best way to ensure there is no conflict of interest within the board is to appoint the best people to the board. The section we are dealing with is not the best one to start specifying this or that person or representative of an organisation. Therefore, I ask the Senators to withdraw their amendments.

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

Noel Dempsey: It is extremely important to recognise that Dublin city is the core of the GDA and the capital city. Even as a Meath man I must recognise the pre-eminence of Dublin and its importance as a capital city. The purpose of this Bill is to ensure Dublin is a successful and accessible city, which is the key to much of the social and economic development of the wider GDA. On account of this, it is...

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

Noel Dempsey: I do not disagree with the Senator, but the section as it stands does not preclude me or my successor from deciding to select a member of the advisory council from one of those consumer groups. I want to be as non-prescriptive as possible with regard to the people who will be selected for the advisory council. I want them to have expertise and to focus mainly on strategic directions. They...

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

Noel Dempsey: This is just a technical, drafting amendment. The phrase "allowances for expenses" is used on two other occasions in the Bill and is the correct term to use in this instance.

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

Noel Dempsey: The reality in the Bill as drafted is that the authority will first have to explain to the advisory council its reasons for refusing to accept a recommendation by the council. There is nothing to prevent the council from making that public or prevent an individual member of it from revealing the authority's explanation if he or she wishes. Senator Donohoe's interest in openness,...

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

Noel Dempsey: I seek leave to withdraw both these amendments.

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

Noel Dempsey: It would be extremely difficult in most areas to establish an organisation that would have sufficient expertise to cover every eventuality the organisation might run into in the course of trying to deliver top quality, value for money services. If it were possible to do that, it would cost a fortune. One might want an expert on specific areas such as engineering, signalling, bus routes or...

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

Noel Dempsey: I agree that organisations should review their operations and those of their subsidiaries. The danger is that if we put something like this into a Bill, nobody will apply for a job in one of these agencies as they will have to consider the possibility that the agency may be gone in two years. That is one difficulty with the Senator's amendment. I will not rehearse again the argument about...

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

Noel Dempsey: The purpose of this section is to ensure that Members of the Houses of the Oireachtas have the opportunity to question the Minister on any direction or guidelines that he gives. Any guidelines given to the authority or a subsidiary of the authority must be published and it is then up to the Members of either House who have concerns about the nature or detail of such a direction or guideline...

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

Noel Dempsey: I agree with the Senator that the DTA should be subject to such disclosure requirements. However, on the basis that this role belongs to the Standards in Public Office Commission which implements the Ethics in Public Office and the Standards in Public Office Acts, and that the requirement is effectively met, I invite the Senator to withdraw the amendment. An argument could be made in favour...

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

Noel Dempsey: This type of section is common to many Acts. It appears, for example, in the Transport (Railway Infrastructure) Act 2001 regarding the establishment of the Railway Procurement Agency. It is extremely important that the operational effectiveness of the authority should not be undermined by the unauthorised or wilful release of confidential information by employees or by directors of the...

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

Noel Dempsey: This amendment ensures that improper communication with the person engaged by a subsidiary of the authority is covered by this provision. As currently drafted the section would apply only to persons engaged by the authority.

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

Noel Dempsey: This is another technical drafting amendment to remove superfluous text, namely, that a member of the authority is a "person" so that no specific mention of a "member" is actually needed.

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

Noel Dempsey: The sections to which the Senator referred deal with the provision of public transport as it operates at present. The licensing regime for PSO regulated services does not apply to the commercial service, to which the Senator adverted, for example, in the case of an operator wishing to compete on a commercial basis. Those sections deal with the contracts that must be in place to provide...

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