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Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: There is no hard and fast rule in this area. While it has been common practice until a short time ago to state, first, the name by which the body being established will be known, in practice, and, most commonly, the English version of the name, I note that some recent Bills have departed from this precedent. This issue arises in a number of other areas in the Bill. I would like to make...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 5: In page 11, to delete line 3 and substitute the following: "(b) to enforce this Act and any other legislation relating to railway safety, and". While 43 amendments may appear to be a large number to take together, I am satisfied that they are largely technical and interrelated and should logically be grouped together. First, I will explain the origin of these...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 6: In page 13, lines 18 and 19, to delete all words from and including "any" in line 18 down to and including "Act)" in line 19 and substitute the following: "its functions as he or she considers appropriate". This is a technical amendment. Its purpose is to simply align the wording of section 13(5) with that in section 13(1). The latter provides that I may give general...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I move amendment No. 7: In page 13, to delete lines 23 to 34 and substitute the following: "14.—(1) The Commission shall consist of at least one but not more than 3 members. (2) Each member of the Commission shall be known as a Commissioner for Railway Safety and is in this Act referred to as a 'commissioner'. (3) The person who holds, immediately before the establishment day, the position...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: The Deputies have made an important point. The chief railway inspecting office has been earmarked for automatic appointment as commissioner on establishment day. This would involve promotion from principal officer equivalent to assistant secretary equivalent without competition. The chief inspector is eminently qualified for the commissioner post. With regard to the chief inspector's term of...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: It will be held at the end of the commissioner's term of office.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: It is between three and seven years.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: The decision rests with the Minister and will depend on how the appointee performs.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: While I do not necessarily accept the latter point, I agree with some of the Deputy's other points. She is correct that the appointment raises an important issue. Two other commissioners will be appointed and both positions will be immediately open to public competition. I have no desire to be involved directly or indirectly in these kinds of appointments, nor am I involved in them in any...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I am informed that the person to be appointed is eminently competent and qualified to hold the position of commissioner. I agree that the shortest possible period should elapse before the position is the subject of open competition. As the Deputy will be aware, it will take considerable time to bed in many of the provisions of the legislation.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I hope it will be sufficient.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: I do not want to pre-empt what may happen in three years' time. Who knows who will be Minister for Transport at that point?

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: The position will be open to public competition following the initial appointment.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: It will happen within that timeframe.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: It is a reasonable timeframe. I have given the reasons for the decision taken regarding the appointment and the Deputy has backed them up. My preferred option is to have a public competition after the shortest possible period. If, after three years, there was widespread agreement among independent observers that the commissioner was doing an excellent job, I would leave him in the position to...

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: The provision gives effect to the agreement.

Railway Safety Bill 2001: Report Stage. (5 Oct 2005)

Martin Cullen: It was agreed that this was the best way to deal with the position of commissioner.

Leaders' Questions. (5 Oct 2005)

Martin Cullen: They are the best in Europe.

Written Answers — Parking Regulations: Parking Regulations (4 Oct 2005)

Martin Cullen: I propose to take Questions Nos. 364 and 380 together. The Road Traffic Act 2002 provides for the replacement of the on-the-spot fine system with the new fixed charge system. That system currently applies to the offences of exceeding a speed limit and non-compliance with seat belt regulations. Regulations to provide for the roll-out of that system to a significant number of additional traffic...

Written Answers — Air Services: Air Services (4 Oct 2005)

Martin Cullen: I propose to take Questions Nos. 366 and 381 together. As I have said before, I do not believe that an impact study of the kind proposed by the Deputies is required. The restructuring of the State airports, including Shannon, is intended to enhance their regional focus and I am encouraged by the close co-operation between the new Shannon Airport Authority and the other regional development...

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