Ivor Callely (Dublin North Central, Fianna Fail)

I can see good reasons to accept this and I thank Senator Burke for tabling this amendment. I tabled two amendments on Report Stage in response to concerns raised on Committee Stage to address the balance between commercial and safety considerations. A happy medium must be struck. We would like to ensure that the railway undertaking would ensure the safety of persons in the operation of its railway in so far as is reasonably practicable. I draw the attention of Senator Burke to section 36, which indicates it is a matter for a judge and jury to decide what is reasonable to expect a railway undertaking to do to ensure safety in particular circumstances. I am not in a position to give a safety guarantee on anything we do. As a society we decide what is reasonable risk on a daily basis. We must accept some degree of risk exists and there is a wide consensus on the level of risk that is intolerable. Section 36 requires a railway undertaking to manage risk in accordance with societal expectations. I draw the attention of Senator Burke to sections 36, 77(5) and 78(6), which I am led to believe represent the most reasonable approach to this issue. I look forward to Senator Burke's response.