Noel Dempsey (Meath West, Fianna Fail)

The Senator wants all public transport networks to be open to competitive tender. Section 44(9) allows the authority to exploit commercial opportunities arising from its functions under Part 3. This includes aspects such as public transport infrastructure, public passenger transport services, integration measures, traffic management, research and information. Section 44(10) enables the authority, or a third party on its behalf, to exercise that right.

I want to avoid becoming too prescriptive in this section. It would be impossible to list all commercial opportunities that may arise. Accordingly, the purpose of section 44 is not to be prescriptive but leave the authority the sufficient latitude and flexibility to enable it to act commercially where the opportunity arises. It is not possible to foresee every case in which there may be a need for a competitive tender process. In some commercial opportunities, no need may arise.

The Dublin transport authority will be subject to the necessary procurement legislation where it applies. The section, as it stands, gives greater flexibility and will not preclude competitive tendering. I will, therefore, not accept the amendment.