Noel Ahern (Dublin North West, Fianna Fail)

I regret I cannot accept the amendment. This chapter of the Bill supports the continued provision by Dublin Bus and Bus Éireann of the existing subvented bus services in the greater Dublin area. It also provides that any future growth in the market for subvented services will be addressed by way of public service contracts which will be granted following open tendering, which will allow private operators and Dublin Bus or Bus Éireann, as appropriate, having regard to the geographical remit that applies to their operations, to submit tenders. Dublin Bus and Bus Éireann, as well as any other public transport operators, will have the opportunity to compete for such open tendered services in compliance with EU Regulation 1370/2007, which comes into effect on 3 December 2009 and will apply in respect of any public service contract for the provision of subvented public bus passenger services.

Members will recall that in addressing issues in regard to this chapter raised during the debate on Committee Stage, the Minister set out the general background of Regulation 1370/2007. In particular, he referred to the fact that the chapter had been crafted with the direct involvement of the Attorney General's office to ensure compliance with the provisions contained in the EU regulation. This amendment would, in effect, give priority to Dublin Bus and Bus Éireann in the consideration of proposals to issue contracts for new public bus passenger services. That approach would not be in compliance with Regulation 1370/2007 and, in these circumstances, I ask the Senators to withdraw the amendment.