Noel Ahern (Dublin North West, Fianna Fail)

EU Regulation 1370/2007 provides that the making of a determination that a public service obligation is to be applied in respect of the provision of public bus and rail passenger services is a matter for the competent authority. That role is vested in the Dublin transport authority, subject to the provisions of the Bill.

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 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). I hope this clarifies the position for the Senator. We have had advice from the Attorney General's office on this aspect. What is laid down is in line with the legal advice.