Ivor Callely (Dublin North Central, Fianna Fail)

I thank Senator Burke. We had a similar amendment on Committee Stage. I am happy to clarify the record again in relation to paragraph (b). To tell railway undertakings how often they should inspect and maintain their infrastructure and trains would be a prescriptive approach. I asked whether we should ensure the relevant professionals, who have the duty of responsibility, make those decisions rather than telling them when to perform inspections.

The Bill adopts the prescriptive approach only in the most extreme circumstances. The Bill places the primary duty of care on the railway undertakings, where it belongs. In a safety case, a railway undertaking is required to demonstrate to the commission that its inspection and maintenance regimes are appropriate to the condition of its infrastructure and trains.

On paragraph (c) of this amendment, section 69(c) of the Bill empowers the commission to make regulations restricting the number of standing passengers allowed to travel on a train. The seating capacity is clear. I referred to this on Committee Stage. The capacity of freight trains is a factor of the rolling stock in question. Under section 43, new rolling stock must be approved by the commission and the fitness for purpose of all rolling stock used by a railway undertaking must be demonstrated to the commission as part of the safety case process. Capacity of freight trains will be considered in that context

Regarding paragraph (d) of the amendment, I would expect a railway undertaking to be able to demonstrate in a safety case that the working patterns of its safety-critical staff did not contribute to an increase in risk on the railway. That is an important point, and I thank the Senator. I ask him to examine the section dealing with it. Senators will also be aware that the Minister for Enterprise, Trade and Employment, Deputy Martin, last year made SI 817 of 2004, which extended the maximum 48-hour working week to transport workers in line with the amended EU working time directive.

Senator Paddy Burke asked me to repeat some of what I said on Committee Stage, but I hope that those clarifications adequately respond to paragraphs (b), (c) and (d) in amendment No. 6.