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Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: This discretion is allowed to the authority, given that in some instances such as the ploughing championships of two weeks ago or a concert, a service might be provided for two or three days. "May" allows the authority discretion to separate one-off or somewhat temporary events from permanent services.

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: I was not entirely clear prior to the Senator's contribution about the rationale for the amendment. Section 24 provides that offences under the bus licensing regime can be prosecuted by the authority or by a member of the Garda Síochána. This recognised the general enforcement role of the Garda Síochána in regard to breaches of legislation in the State and is highly appropriate,...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: While the provisions of section 20 set out arrangements through which existing commercial services being operated by Dublin Bus, Bus Éireann and private operators can be brought within the new licensing regime, it came to the attention of the Department in the course of recent discussions that a further provision was desirable to cater for bus licence applications that may be submitted to...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: The expectation would be that the period would be very short and in this instance there may well be slightly more advantage for people to apply under the new regime. Regarding ceasing taking all new applications, applications for urgent services unfortunately do arise and would surely arise in the interim period. The Department has much experience in these matters and would see spurious...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: The number of sections of the 1932 Act to be disposed of has increased from 69 to 73. The purpose of the amendment is to repeal a number of additional sections of the Road Transport Act 1933 which are no longer needed arising from the new legislative regime for public bus passenger services in Part 2 of the Public Transport Regulation Bill 2009. I will list them for the House. Section 66 of...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: The purpose of this amendment is to address a technical error in the section reference in the text of the Bill which should refer to section 11(1) of the Dublin Transport Authority Act 2008 rather than section 11, which is what is in the text.

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: This proposed amendment seeks to clarify the provision of section 28(1)(f) of the Bill. This section provides for the amendment of section 48 of the Dublin Transport Authority Bill 2008 which relates to the making of public transport services contracts so as to introduce a new subsection (12). This provides that the authority must advise any local authority in whose functional area the...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: As Senator Cannon will be aware, Dublin-Galway services are commercial. Direct-award contracts are for a period of five years only and are already provided for in the Dublin Transport Authority Act 2008. All new services are to be put out to tender. One tends to forget there is a review clause applying to the operation of existing contracts. The purpose of section 28(1)(g) is to provide...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: The duration of the contract is five years rather than ten, which has been a concern for a number of Senators. It can be reviewed or altered by the authority at any stage, which is important. The CIE companies are obliged to pass an efficient operator test and it is very important for existing services to continue where their operation is urgently needed. The other important consideration...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: The Minister for Transport, Deputy Noel Dempsey, has made it clear he wants a level playing field between the public and private sector. However, Senator Ryan and his party colleagues have concerns in this regard. The Minister is satisfied the provisions of the Bill, as drafted, make it clear that they apply to all licence applicants, both privately and publicly owned services, and offer no...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: Section 10 establishes a set of general provisions which will inform the consideration of applications for bus licences by the authority. Section 10(1)(b) sets out 11 matters which the authority may consider. It is important to remember that not all of these may be pertinent to particular applications. In the case of certain categories, the consideration of all, or any of these matters,...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: Many aspects of the legislation are enabling. For example, section 23 requires the authority to consider and prepare guidelines against many of the considerations which are of concern to Senator Ryan. It is difficult in primary legislation of this nature to provide all of the detail which the authority would need to consider. The 11 considerations set out in the Bill are, in the Minister's...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: It is a requirement in law that a bus operator hold a valid road passenger transport operator's licence. It was brought to the Minister's attention in the discussions in the Chamber on Second Stage and elsewhere that it is currently not the case that an individual who has his road passenger transport operator's licence revoked automatically has his bus licence revoked. The point was made...

Seanad: Public Transport Regulation Bill 2009: Committee Stage (6 Oct 2009)

Tony Killeen: The difference between "contract" and "licence" in this Bill is that in the case of a contract, there is a public service obligation; in other words it is a loss-making service. A licence applies to commercial services, which is an important distinction in the 2008 Bill and continues in this one. I understand the point being made by Senator Cannon, which is slightly different and perhaps...

National Asset Management Agency Bill 2009: Second Stage (Resumed) (23 Sep 2009)

Tony Killeen: The Deputy should not aggravate him.

National Asset Management Agency Bill 2009: Second Stage (Resumed) (23 Sep 2009)

Tony Killeen: Some critics of the National Asset Management Agency Bill argue as though the legislation has all of the risks and that no risk whatever attaches to the option of doing nothing. A positive development in the debate in the House over the past week has been a much clearer focus on the need to take action and on the risk of doing nothing. However much political parties might disagree - Fine...

National Asset Management Agency Bill 2009: Second Stage (Resumed) (23 Sep 2009)

Tony Killeen: I was making the point that is infrequently made in the context of the difficulties internationally and the difficulties we face in this country that Irish people have a particular capacity to provide goods and services to an extraordinarily high standard. It is important to remember we export approximately 90% of most of the goods and services manufactured in or provided by this country....

National Asset Management Agency Bill 2009: Second Stage (Resumed) (23 Sep 2009)

Tony Killeen: I am grateful to the Deputy for trying to help me with an extraneous matter. Another question people frequently ask is how it is possible to invest money in the banks at a time when investment must be cut in many other areas, including services and so on. Gradually, as the debate has advanced, people have come to realise that while all elements of an economy are interconnected, the...

Dairy Industry. (30 Jun 2009)

Tony Killeen: The Common Agriculture Policy, CAP, provides a range of measures that can be used to assist the dairy market. These were modified in the CAP reforms of 1999 and 2003. In the CAP health check negotiations last year there was pressure to remove or weaken the support measures significantly. At that time, the Minister for Agriculture, Fisheries and Food, Deputy Smith, fought hard to keep in...

Dairy Industry. (30 Jun 2009)

Tony Killeen: As the Deputy is aware, I attended the Council meeting in Luxembourg with the Minister, Deputy Smith. I observed at first hand the effort being made by the Minister on behalf of Irish farmers. It is fair to acknowledge that there are significant difficulties in the milk sector at this time. Those difficulties are probably exacerbated by the fact that additional people, who were not...

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