Ivor Callely (Dublin North Central, Fianna Fail)

I was happy to be in a position to lead the way in developing some of our rail capacity as reflected in the Transport 21 plan. I am particularly pleased that that initiative has now come to fruition in a manner I envisaged even before assuming my current portfolio.

As the Leader of the House knows, when other countries examined rail safety issues they decided to expand their rail fleet capacity. An important lesson was learned in some of those countries because such expansion led to severe problems which in certain cases caused injury both to train passengers and railway workers. The Leader of the House must be congratulated on securing the three investment tranches for safety issues over that 15-year period from when she initiated it in 1999 to 2013. In that time, we will have spent €1.4 billion, which is some achievement. Senator O'Rourke had to make a political call on what should come first and what should constitute the foundation of the legislation. She certainly emphasised that it should be founded on the structural and safety aspects. She made the correct call and I congratulate her in that regard. It is important that this be put on the record.

A number of questions were asked, to which I will try to respond, albeit very briefly. The Bill provides for a modern regulatory framework for a modern and expanding railway transport network. It should serve us well for many years. The two principal features are the creation of an independent railway safety regulator, the railway safety commission, and the appointment of an independent rail accident investigator. The Bill is innovative in that it provides for the testing of safety-critical workers for alcohol and drugs and makes it a criminal offence to be intoxicated while working on a railway.

A number of Senators, including Senator Paddy Burke, who is present in the House, referred to overcrowding. This will be addressed through the provision of the modern rolling stock and additional capacity. Senator Paddy Burke should note that section 69 of the Bill empowers the railway safety commission to make regulations limiting the number of passengers permitted to stand on a train at any given time.

A valid point was made by Senator Paddy Burke on level crossings. Much good work was done in this regard and significant progress was made. We should not lose sight of this fact. Iarnród Éireann is putting in place a programme for addressing the outstanding issues associated with level crossings. I have asked my officials to speak to the Senator about the issues he raised. He will be impressed and satisfied with the response he will receive.

On the issue of freight, an EU directive provides for the opening up of the freight market. With effect from January 2006, private operators will be able to enter the Irish market if they so wish.

Senator McDowell referred to the Health and Safety Authority. There will be some overlap in the responsibilities of that authority and those of the railway safety commission. A memorandum of understanding is being negotiated to avoid any difficulties in this regard.

On the question of overcrowding on intercity trains, I am delighted to be able to indicate to Senator McDowell that 67 new carriages are already earmarked for the Cork route, to which he referred. They are to be in use by the end of 2006. Much good work is also being done on other routes. A total of 120 intercity railcars are to be put in place on other routes by the end of 2007. Iarnród Éireann is introducing seat reservation systems for intercity services on a phased basis. A safety case system is already in use on the part of Connex Transport Ireland, the operator of Luas.

Senator Terry referred to dangerous goods being carried by Iarnród Éireann. They are carried in conformity with EU directives and regulations. She also mentioned the Madrid incident. I am pleased to indicate that, following that incident, Iarnród Éireann carried out an extensive review of the recommendations on railway security and safety, most of which are already being implemented.

Senator Terry also referred to park-and-ride facilities. I fully support their development and it is very important that they be strategically based. It has been put to me that we should only have rail-based park-and-ride facilities but I do not support that view. I have indicated quite clearly that I am open to both rail-based and bus-based park-and-ride facilities. There is scope for both. The Senator also referred to the throwing of stones at trains. The Bill makes this an offence.

Some Senators on the Government side made some very interesting points. Senator Mansergh made a fair point on the definitions of "rolling stock" and "train" but their definition in the Bill meets his concerns. The issue is well covered.

On Senator Wilson's point, the Attorney General has confirmed to me that the provisions will withstand constitutional scrutiny on the basis that the balance struck by the Legislature between the private rights of individuals and those of the public is proportionate. In giving this advice, he was conscious of the limited application of the random testing provisions to safety-critical railway workers and the potentially catastrophic consequences for large numbers of people of mistakes in the operation, maintenance or repair of the railway system. I cannot stress this point strongly enough. I thank the Senator for giving me the opportunity to clarify this issue.

Senator Dooley, the spokesman on transport, referred to a number of issues. I thank him for his kind and positive comments on the Bill. I know he has a particular interest in two of the points he made because he has raised them with me on a number of occasions. The first concerns the need for a Shannon rail link. I am pleased to confirm that the feasibility study on the Shannon rail link will be undertaken on behalf of Iarnród Éireann in the coming months. I hope we will be able to return to the Senator with positive news thereon. I am aware of his deep anxiety to see real progress regarding this issue given the benefits that would accrue to the Shannon region as a consequence. We will examine closely the outcome of the study and my officials and I will take the opportunity to discuss it with the Senator.

I thank the Leader for her very positive contribution. She is quite correct.