Seanad debates

Thursday, 8 May 2008

Dublin Transport Authority Bill 2008: Committee Stage

 

1:00 pm

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)

This is one amendment that I have a difficulty with, precisely for the reason that Senator Donohoe outlined — the division of responsibility between the Oireachtas and Ministers. Amendment No. 14 would transgress the boundary between the functions of Government and the oversight role of the Houses of the Oireachtas. It would step over the line.

I take Senator Donohoe's point on democratic accountability. I was criticised by a well-known columnist because the term "the Minister" is mentioned so often in the Bill, but I was very conscious of the necessity to ensure there is accountability, and at the end of the day it is the Minister who is accountable. It is up to Members of the Oireachtas, whether in this House, the other House or the committees, to hold Ministers accountable for their failures. I have never heard of anyone being hauled before a committee to praise them for any success, but we will leave that to one side.

Senator Donohoe's amendment would transgress the boundary between the two functions, but I am anxious to see whether we can accommodate such scrutiny. I agree with him that a high level of scrutiny should be prepared. I am not sure whether we need to amend the legislation to do that, but I will consider the point. However, the Senator should remember that the Minister and the DTA are accountable to the House and the DTA is fully accountable to the Minister. The Bill incorporates an elaborate and detailed framework that is designed to ensure maximum democratic accountability. I could give Members a list of those provisions, including the appointment of chairpersons and so on.

Senator Donohoe could resubmit the amendment, but through the Joint Committee on Transport, the Houses of the Oireachtas will have the power to summon the DTA. As individual public representatives, Senators and Deputies will have the right also to make their views known as the strategy is developed, although I know this is not quite what the Senator is getting at with the amendment. His concern is to make the authority accountable to the House.

I will consider whether it is necessary to include in the Bill a provision that the draft strategy should be brought before the Joint Committee on Transport for its observations or views as the strategy is prepared or finalised. That might meet Senator Donohoe's concern without breaching the boundary between the functions of Government and the oversight role of the Houses of the Oireachtas. It may be feasible as the Bill is currently drafted, but if not I will let him know we are tabling an amendment.

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