Paschal Donohoe (Fine Gael)

The Minister's response indicates clearly that this is one of the pivotal sections in the Bill, which I acknowledge. I also take on board his point regarding the language of my amendment. The concern we should all share with regard to the Bill is that we might get a phrase or clause wrong in such a way that creates vulnerability for an organisation in determining future transport policy in Ireland.

I have a particular concern. Let us say a private operator is operating in another European market and wants to become involved in the provision of transport in Ireland. By legally challenging part of this legislation, the operator would remove the ability of the Government to create policy and might try to force the policy direction of this country via legal action.

There are a number of points I would like the Minister to address. First, is he confirming in this clause that the Dublin transport authority will be what I believe is called the competent local authority for the provision of transport within the Dublin region? If so, will the authority which decides on local transport matters outside of the greater Dublin area still be the Department of Transport and the Minister? Is there a conflict between having the competent local authority, the Dublin transport authority, deciding transport policy within the greater Dublin area and the Department of Transport deciding transport policy for the region outside this area? Could this conflict in any way create an opening for legal challenge to this legislation at some point in the future?

Second, if we are confirming that the Dublin transport authority is the competent local authority for transport issues within the greater Dublin area, does this in any way affect the ability of the new organisation to offer direct award contracts to organisations such as Dublin Bus and Iarnród Éireann? As the Minister acknowledged, if we are wrong on any of these points, it will open this legislation to challenge by private companies who might want to influence the way we provide transport in Ireland.