Ivor Callely (Dublin North Central, Fianna Fail)

I thank the Cathaoirleach, his support staff and the Members of the House who have contributed to this debate, which has assisted in making the Railway Safety Bill 2001 even better. In particular, I thank Senators Quinn, Cummins and Paddy Burke, and my colleagues Senators Wilson and Dooley, for their contributions on the various Stages of the Bill.

The House will acknowledge that the legislation is substantial, technical, complex and very necessary. It updates the law on railway safety, which is Victorian and no longer appropriate to the railway safety systems of today. Although I have already outlined the history of this legislation on the public record, I will do so again. The Leader of this House, Senator O'Rourke, published and introduced it in 2001. Its two principal features are the creation of the independent railway safety regulator, the railway safety commission, and the appointment of an independent railway accident investigator.

Senators will be aware of the ongoing debate on random breath testing for drink driving. However, this Bill is innovative in that it provides for random testing of safety-critical workers for intoxicants and makes it a criminal offence to be intoxicated while working on the railway. The intoxicants provisions of the Bill were carefully drafted and the Office of the Attorney General has confirmed the constitutionality of the provisions. This is important in light of the particular issues being raised in the debate regarding the proposals for the introduction of random testing under the road traffic legislation.

I have already advised the House of the significant investment programme the Government has undertaken to ensure all risk to staff and customers across the railway network is maintained as low as is reasonably practical. This issue was raised by both Senators Paddy Burke and Cummins.

Before I came to this House this morning, I met representatives of Iarnród Éireann regarding another issue. They were quite surprised when I mentioned that our investment in railway safety, beginning in 1999, will have exceeded €1.4 billion by 2013. This is a substantial sum and is not always invested where its effects are visible. In this regard, most Members want to ensure the public is aware of our work and level of investment in safety. The investment in safety is not visible but Members will fully appreciate that it is vital to ensure our railway infrastructure is as safe as we desire.

I acknowledge that the Leader of this House, who was Minister for Public Enterprise in 1999, was responsible for securing what was in 1999 a substantial initial sum, to be invested in railway safety. It might have been much easier for her to invest the money in more visible developments in our railway system but she made the correct choice because our infrastructure is now such that it can benefit from our investment in our systems, including the €34.4 billion under the Transport 21 package. We would not be able to do this unless we were satisfied that the first step, that is, ensuring safety, was taken adequately.

I pay tribute to and congratulate the Leader of the House, Senator O'Rourke, on the correct procedures she initiated in 1999 and on which she followed through until 2001, when the Bill was published. Many of the provisions of this Bill implement the requirements of the EU railway safety directive adopted in April 2004. This ensures that we meet our EU obligations in that the directive will be transposed within the required timeframe. Other more technical requirements of the directive will be transposed through regulations to be made under this Bill.

I emphasise again that the new regulatory framework outlined in this Bill, together with the major investment the Government continues to make in our railways, will provide assurance to the travelling public that safety is and will continue to be of paramount importance to the Government. I thank Senators, particularly my colleagues Senators Dooley and Wilson, for teasing out many aspects of this Bill with me prior to my introducing it in the House. I also thank Senators Quinn, Cummins and Paddy Burke for their constructive contributions and the relevant chastisement they gave me, quite correctly, on some issues.

It is important that I refer to an issue raised by Senator Burke and Senator Quinn with regard to the reporting structure of the commission and what is currently in place. I have given the Senators an undertaking in that regard. If they are not satisfied with the feedback they receive from the Department through my office and through the Committee on Procedure and Privileges, I invite them to table an appropriate amendment to the Bill to ensure progress in satisfying the needs of our representatives on the CPP. If that must be done with one Bill to set the precedent to ensure it applies to the other areas, so be it.

However, I was a little reluctant to accept it in respect of this Bill because we went on to discuss other issues. I had some experience with the changes that occurred in the health services when the eastern region was changed from a health board to a regional authority with area boards and the relevant reporting structures. It was difficult to get a grip on what was happening with regard to who dealt with policy, who dealt with service, who reported what structure to where and how the reporting structures operated. It took time to become familiar with it.

If there is continuing concern that we are losing a role with regard to accountability to this House when we establish a commission, as in this instance, or a services executive or a road authority and if there is dissatisfaction with the existing Oireachtas committee system in that regard, I will be favourably disposed to establishing a precedent that would require the necessary changes in other legislation to accommodate those concerns. However, it should be done through the Committee on Procedure and Privileges because that structure already exists. I take it that Members are satisfied with the CPP structure.

I will ask my departmental officials to prepare the required report for the CPP and if there is no appropriate progress, it might be a matter for the Oireachtas committee to make the required changes. However, let us tease this out and see what we can do. If the precedent must be established with the railway commission, I will take a positive approach to making the required change.

The Bill dates from 2001 but this is 2005 so I hope there will be quicker progress with it. The Bill will ensure continued safety on the railway network for passengers and staff. I wish to record my appreciation of my departmental staff, who are with me today. They are Mairead Broderick, Damien Clark, Priscilla Robinson and Maurice Treacy.