Seanad debates

Wednesday, 16 November 2005

Railway Safety Bill 2001: Committee Stage.

 

11:00 am

Photo of Ivor CallelyIvor Callely (Dublin North Central, Fianna Fail)

I thank Senators Dooley and Paddy Burke for their comments. I acknowledge Members experience difficulties in this area and I recall having difficulty and being frustrated when tabling parliamentary questions in the past. However, perhaps this Bill is not the place to try and change what we clearly acknowledge and recognise as a bigger issue.

I draw to the Senators' attention that the Bill includes a range of established provisions. If we say we are not satisfied with the clearly established provisions, perhaps the Committee on Procedure and Privileges or another Oireachtas committee should examine them. The House will appreciate that in introducing the Railway Safety Bill, I am merely dealing with established precedent. The Bill includes such provisions. As Senator Paddy Burke said, section 28 requires the publication of the annual reports and accounts of the proposed railway safety commission. I reiterate that this issue may need to be teased out further. Perhaps it would be appropriate for the Committee on Procedure and Privileges to examine how best to address the matter.

The Minister of the day is responsible for deciding on the policy issues to be dealt with by any authority of this nature that is established under legislation. In this instance, the relevant Minister will be responsible for the policy issues relating to the proposed commission. Therefore, he or she will be responsible for responding to any questions asked about policy. The commission that will be established by the Houses will have day-to-day responsibility for its operational aspects. That is not to say it will not be answerable — of course it will have to be answerable. Under the current structures, those involved with the commission who have day-to-day operational responsibility will be answerable to an Oireachtas committee. I suppose this is a change we have witnessed since we put in place new structures in the Oireachtas. I hope I have clarified the position in respect of information and accountability.

In light of what I have said, I ask Senator Paddy Burke to consider withdrawing amendment No. 6 at this stage. I assure the Senator that I will ask my departmental officials to contact him in advance of Report Stage to ascertain whether there is any other way of giving him some clarity in this regard. I appreciate this is a bigger issue that relates to bodies other than the proposed commission. It is an issue that affects every other authority that is established by the Houses of the Oireachtas. I have referred the Senator to the Committee on Procedure and Privileges for that reason.

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