Noel Dempsey (Meath West, Fianna Fail)

This chapter relates to the legislative basis for the procurement of bus, rail, metro and light rail public passenger transport services by the Dublin transport authority in the greater Dublin area. As for public bus and rail services, procurement will arise only where a public service obligation is determined and there is a consequent requirement to subvent the operation of such services. The approach adopted in this chapter in respect of the determination of public service obligations again is consistent with the EU public service obligation regulation which provides for the making of a determination that such an obligation is to be applied as a matter for the competent authority. In the case of public bus and rail passenger services in the greater Dublin area, such a role is being given to the authority.

For that reason, as well as the associated responsibility given to it to ensure funding for the delivery of the services in respect of which the public service obligation relates is in compliance with Regulation No. 1370/2007, the authority must be empowered to carry out reviews of the public service contracts at its exclusive discretion. This is encapsulated in section 52(5). Obviously, the authority cannot act unilaterally, inappropriately or disproportionately in cases such as this. It will be obliged to act in a fair manner and as its actions will be subject to judicial review, the companies are fully protected.