Noel Dempsey (Meath West, Fianna Fail)

Amendment No. 26 relates to the insertion of two additional paragraphs to section 48 which provides the statutory basis for the authority to enter into public transport service contracts in respect of the provision of bus, rail, light rail and metro services.

Section 48(3)(o), as amended by the Dáil, responds to concerns expressed in regard to the terms and conditions of employment for public transport sector operators. The House will be aware that arising from Towards 2016, the Department of Enterprise, Trade and Employment is preparing legislation to give effect to a range of measures and discussions are also taking place in the partnership talks on the implementation of part two of Towards 2016 in regard to workplace employment rights and compliance. That is being dealt with in those circumstances and the Bill, when enacted, will take on board whatever agreements are reached.

We introduced a new paragraph (o) to require that the public transport service contracts contain requirements relating to the applicable law in regard to pay and terms and condition of employment. That addressed the concern expressed in so far as it was within my capacity to do so at this time.

Arising from concerns relating to the certification of transport operators, paragraph (n) was inserted. That will require operators to hold the appropriate national and international road passenger operators licence, known as the RPTOL, which is granted every five years. The application criteria relate to a range of issues such as professional competence, good repute and sound financial standing.

The second amendment in the group, amendment No. 27, relates to section 52 which establishes that the three CIE companies have exclusive rights to provide the services which are currently the subject of State financial control and for growth in respect of rail services, subject to future legislative changes. In the case of bus services, the exclusive right is also subject to the grant of bus route licences to private bus operators under the Road Transport Act 1932 and direct award contracts will be entered into to support the provision of the services. We are concerned here with services existing at the time the Bill is passed.

The amendment sees the introduction of a new section 5 which provides that the authority can make alterations to bus services to which the contracts with Dublin Bus and Bus Éireann relate provided there is no amendment to the scope of the exclusive rights to which the contract relates.