Ivor Callely (Dublin North Central, Fianna Fail)

I have examined the amendment. Section 23 of the Transport Act 1971 makes provision regarding the apportionment of costs of upgrading works at a level crossing between the railway undertaking and the local authority, and section 113 of this Bill makes provision regarding the responsibility of any person carrying out works on a public road near a railway. That covers subparagraph (i) of the amendment.

Regarding subparagraph (ii), section 113(4) provides the commission with powers to prepare and publish guidelines on works on public roads that may affect the safety of railway infrastructure. Consultants are currently preparing those guidelines to be ready for adoption by the commission on its establishment. I regret that they are not available today, but I will ask departmental officials to forward them to Senator Paddy Burke when they have been sent to the commission and adopted by it. While they will be guidelines, they will address risk imported onto railways from a third party, and I seek the Senator's comments on that.

Regarding subparagraph (iii), section 69(g) provides the commission with power to make regulations in respect of the reporting of different classes of railway incidents. That would include incidents of vehicles causing a hazard by obstructing railway infrastructure. Section 18 makes it an offence to do so in any form or fashion, whether with a vehicle or otherwise. My Committee Stage amendment No. 36, inserted a new section into the Bill relating to the reporting of such accidental hazards blocking railway infrastructure. In the light of such clarifications, I would welcome the Senator's comments on the need for his amendment.