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Seanad: Public Transport (21 May 2008)

Noel Ahern: I can say it is intended to do that but there will be disruption. There is no point pretending there will be none. The pond and the lake will be disrupted during construction——

Seanad: Public Transport (21 May 2008)

Noel Ahern: ——but restored. The Senator can take what I say as gospel but the bible — the planning conditions and the railway order — will be the real evidence and guarantee more than what I say. The remit of the groups planning this is to put back everything the way it is now.

Seanad: Transport 21: Motion (21 May 2008)

Noel Ahern: We are now in the third year of Transport 21 and I welcome the opportunity to update the House on the progress made and to assure Senators that the Government remains committed to delivering the programme in full. Transport 21 is a huge undertaking. It is the first time a Government in this country has agreed a ten-year financial framework for any sector of our economy and the first time a...

Dublin Transport Authority Bill 2008 [Seanad]: Second Stage (21 May 2008)

Noel Ahern: I move: "That the Bill be now read a Second Time." First, I must convey the regrets of the Minister for Transport, Deputy Noel Dempsey, that he is unavailable to introduce this important legislation to the House. He is in Armagh today attending a North-South Ministerial Council meeting. However, I am pleased to introduce the Dublin Transport Authority Bill 2008, the main purpose of which is...

Dublin Transport Authority Bill 2008 [Seanad]: Second Stage (21 May 2008)

Noel Ahern: While I thank the Chair, I have said that. Perhaps there was some noise in the Chamber at the time. I mentioned that the Minister, Deputy Noel Dempsey, sent his regrets. He is attending a meeting in Armagh of the North-South Ministerial Council on transport today.

Dublin Transport Authority Bill 2008 [Seanad]: Second Stage (21 May 2008)

Noel Ahern: As I noted, he has conveyed his regrets.

Dublin Transport Authority Bill 2008 [Seanad]: Second Stage (21 May 2008)

Noel Ahern: Deputy O'Dowd is correct in that, originally, the Bill was scheduled as a back-up for today's proceedings. However, the schedule changed.

Dublin Transport Authority Bill 2008 [Seanad]: Second Stage (21 May 2008)

Noel Ahern: The Bill passed all Stages in the Seanad with, it is fair to say, support from across the board for the intent of the legislation, if not for every last detail. The Seanad debate resulted in a number of amendments to the Bill as initiated, several of which were due to the intervention of the Opposition, which I believe have resulted in improvements to the relevant provisions. I look forward...

Dublin Transport Authority Bill 2008 [Seanad]: Second Stage (21 May 2008)

Noel Ahern: The authority will be charged with carrying out all of the DTA's statutory functions. Section 17 provides for the appointment by the Minister of a 13-member advisory council which will scrutinise the work of the authority. Membership of the advisory council will comprise the Dublin City Manager, two county managers from the GDA or officers nominated by them, four elected members of the...

Written Answers — Flood Relief: Flood Relief (20 May 2008)

Noel Ahern: I propose to take Questions Nos. 173 and 174 together. The Office of Public Works is continuing to work with Mayo County Council to reduce the risk of flooding in South Mayo. In the case of Clyard, Thomastown and Kilmaine flood mitigation works were completed in 2007, at a cost of approximately €270,000. Efforts to find a solution to the problem in the Neale are ongoing, in conjunction...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Noel Ahern: The purpose of section 43, based on provisions in section 19 of the Roads Act 1993, is to ensure no one can seek to claim damages from, inter alia, the authority or a subsidiary of the authority in circumstances where the authority or its subsidiary fails to conform or comply with its statutory functions. In other words, we are ensuring that no one can take any action against the authority...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Noel Ahern: I regret I cannot accept the amendment. This chapter of the Bill supports the continued provision by Dublin Bus and Bus Éireann of the existing subvented bus services in the greater Dublin area. It also provides that any future growth in the market for subvented services will be addressed by way of public service contracts which will be granted following open tendering, which will allow...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Noel Ahern: While the new EU Regulation 1370/2007 will have full effect from 3 December 2019, following the ten-year period in which it takes effect, member states are being encouraged to take measures to gradually comply with its provision. This chapter of the Bill provides for the first time in Irish transport law a contracting regime to govern the subvention of public bus and rail passenger services...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Noel Ahern: EU Regulation 1370/2007 provides that the making of a determination that a public service obligation is to be applied in respect of the provision of public bus and rail passenger services is a matter for the competent authority. That role is vested in the Dublin transport authority, subject to the provisions of the Bill. For that reason, as well as the associated responsibility given to it...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Noel Ahern: As was the case with amendment No. 30, the role of reviewing direct award contracts must rest with the authority. However, in the case of a review under section 52(5)(b), the authority must engage in a public consultation process provided for in section 52(5)(d). As part of that process, the authority is required to consult the service provider as well as other potential interested parties,...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Noel Ahern: The intent of section 56 is to allow the authority to intervene to ensure the continued provision of public passenger transport services where there is a complete or partial failure by a public transport operator to provide them. The focus of the section is to establish the circumstances in which such an intervention can take place. An intervention can only arise in respect of a service...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Noel Ahern: On Committee Stage, it was stated that section 11 of the Road Transport Act 1999 requires a bus operator, as a condition of his operating licence, to ensure he has adequate parking spaces and operating premises in the State for the vehicles being operated or intended to be operated under the licence. During the course of their day-to-day operations on public roads, bus operators are subject...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Noel Ahern: While I already have covered these points, as a condition of their operating licence, operators must have adequate parking spaces. The day-to-day issues regarding parking and control are matters for the Garda and local authorities. As for the locations mentioned by the Senator, such as Parnell Square and Nassau Street, the problem was under considerably less control ten years ago. I accept...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Noel Ahern: I heard the Senator's point on his three examples and cannot state whether he is correct in this regard. As he noted, the Minister for Transport, Deputy Dempsey, accepted the importance of protecting legal professional privilege. The Minister stated that in his view, such privilege did not require specific mention in each new item of legislation. I heard the Senator's comments on the three...

Seanad: Dublin Transport Authority Bill 2008: Report and Final Stages (15 May 2008)

Noel Ahern: All I can say is that following the debate on Committee Stage, this matter was discussed with the Parliamentary Counsel, who has confirmed it is not necessary to include this provision because it is already covered in another general provision and as such, there is no need to accept it.

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