Seanad debates

Thursday, 15 May 2008

Dublin Transport Authority Bill 2008: Report and Final Stages

 

1:00 pm

Photo of Paschal DonohoePaschal Donohoe (Fine Gael)

I move amendment No. 32:

In page 45, after line 43, to insert the following:

"but any such provision must expire after two years from the commencement of such service or on a date to be specified by the Minister on notice to the Houses of the Oireachtas.".

One important feature of the new organisation will be its ability to be a provider of last resort. On Second Stage the Minister acknowledged the potential difficulty this could cause. The issue is that the organisation could act as a regulator and provider at the same time, thereby creating an inherent conflict of interest. In our discussion, the Minister was good enough to accept an amendment from a party changing the conditions upon which the organisation could step in as a provider of last resort. This is precisely because of the recognition that if the DTA is so badly needed to deal with many of the vested interests in respect of transport in the Dublin region, we need to ensure it will not become a vested interest of itself when it is operational.

My amendment, which is one of the two new amendments we have introduced on Report Stage, recognises that if the authority needs to step in to provide a service in the specific and limited circumstances envisaged in the Bill, the duration for which it can do so should be limited. The amendment suggests a limit but, in recognising the executive role of the Minister, stipulates that he or she may decide to change that limit. This is to ensure the authority will focus on the role upon which it should be focusing, namely, regulation rather than the maintenance of a service it is required to provide according to the conditions laid out in the legislation.

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