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Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No.37: In page 11, line 4, after "taken" to insert "and/or geographical area covered". This amendment adds "geographical area covered" to the route to be taken in the section dealing with the attachment of conditions for licences. I thought of this in respect of the local transport network. We should think about networks as well as routes. I hope we get good news in the...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 39: In page 11, between lines 19 and 20, to insert the following: "(j) compliance with all health and safety, labour and employment legislation, regulations and standards including those on salary and work conditions,".

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 54: In page 14, between lines 37 and 38, to insert the following: "(4) The Minister shall publish regulations specifying how existing providers of urban bus services can tender for services under the 2008 Act.". This amendment deals with the operation of the licences. I want to insert a subsection (4) to deal with the licensing of certain existing passenger bus services....

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: This does not have to be included in guidelines.

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 57: In page 15, line 38, to delete "is final and conclusive." and substitute the following: "may be referred to the Board of the National Transport Authority.". These amendments relate to appeals to the decision to grant a licence. Within the transport industry there is a feeling that the decision of a deciding officer alone may be unfair and that there should be some...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: Different deciding officers will make these decisions. The person making a decision could be the same rank as somebody who has already made a decision. The view may be independent but it may not get people very much further if they feel that they have been turned down on a proposal that is genuine, sustainable and an addition to public transport services. I hope it will not be something we...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: It is the same idea. I was trying to amend the Bill to involve the board.

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 60: In page 16, between lines 7 and 8, to insert the following: "(2) Bus Eireann has the exclusive right to ownership and responsibility for planning and operating the provincial and urban bus network outside of the Greater Dublin Area.". This relates to the guidelines. The amendment looks to insert what I felt would be basic good requirements for licensing law. The...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 23: In page 9, to delete lines 4 to 6. This amendment seeks the deletion of paragraph (iv), which makes an exception from the provision that account shall be taken of "the contribution the proposed public bus passenger service would have in achieving an increase in the availability of public transport services for the public". This is very vague. A very effective...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 25: In page 9, between lines 18 and 19, to insert the following: "(xiii) all relevant health and safety, labour and accessibility legislation and regulation and fair and reasonable salaries for all transport workers.". Amendments Nos. 25 and 26 are critical. The Labour Party's view of the Bill is predicated on these two amendments being adopted. When the Bill is enacted...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: The principles proposed in these amendments should be inserted in this Bill. I know the Minister can refer to other legislation under which labour law will be implemented or not as the case may be. The regulator by its nature should be required to meet these conditions. The men and women who would run and work in companies that would receive licences under this legislation would hope that...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 26: In page 9, between lines 18 and 19, to insert the following: "(c) shall require the applicant to produce a statement confirming that they agree and that they accept that it is a condition of the granting of the licence that they will respect the established conditions of employment in the public transport sector, including respecting the rights of employees to engage...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 27: In page 9, between lines 29 and 30, to insert the following: "(3) Without prejudice to the generality of subsection (2), the Authority shall invite and consider submissions from any local authority whose functional area includes a place to which the application relates. (4) The making of a submission under subsection (3) shall be a reserved function, provided the...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: No, amendment No. 27 was not in the group. Amendments Nos. 28 to 30, inclusive, were in the group. It is a different amendment and one in which the Acting Chairman, Deputy Kennedy, might be interested. The amendment seeks to provide local authorities with a role in the licensing process and place it in legislation. It is almost certain that local authorities will have a view on this and...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I thank the Minister for coming some of the way with us on this. The wording in amendment No. 27 is probably better formulated and is placed better in the Bill but given that the Minister has come forward in this regard, I withdraw the amendment.

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 28: In page 9, between lines 32 and 33, to insert the following: "(a) he or she complies strictly with the best labour, health and safety standards,".

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 30: In page 9, between lines 40 and 41, to insert the following: "(d) he or she complies with the highest health and safety and labour standards as defined in Irish and EU legislation.".

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: The amendment is related to a number of other amendments tabled by the Labour Party. We have serious concerns about the kind of work standards and conditions which will pertain in the industry upon passage of the Bill. In those areas where competition is taking place, the public sector company will not be disadvantaged. I was seeking to make that point in a global amendment. I understand...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: If the company is a State agency, then fair enough. However, if the company's remit is to compete in a commercial business, then surely it must have the same rights as other commercial companies. That is the point of the amendment. There should be a level playing pitch. Deputy O'Dowd's point is that we should know everything about everything, but if that is not the case, there should be...

Public Transport Regulation Bill 2009 [Seanad]: Report Stage (Resumed) (25 Nov 2009)

Tommy Broughan: I move amendment No. 13: In page 8, to delete lines 33 to 38. These amendments deal with the general provisions for the consideration of an application for the grant of licences. Section 10(1)(a) states that the regulator: shall take account of the demand or potential demand that exists for the public bus passenger services to which the application refers having regard to the needs of...

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