Tony Killeen (Clare, Fianna Fail)

Section 10 establishes a set of general provisions which will inform the consideration of applications for bus licences by the authority. Section 10(1)(b) sets out 11 matters which the authority may consider. It is important to remember that not all of these may be pertinent to particular applications. In the case of certain categories, the consideration of all, or any of these matters, may not be warranted. This is particularly the case in section 10(1)(b)(iii) which relates to the potential impact of a proposed service on public bus passenger services being provided under the terms of a public transport services contract.

A definite policy decision was made in the preparation of the legislation that the consideration of the impact on contract services would not be mandatory in respect of all applications and instead would be a matter for determination by the authority. It was recognised that to require the consideration of this matter in all cases was unnecessary, given the range of bus services that present themselves for licensing, many of which would have no impact on public service obligation services. It will be left to the discretion of the authority to decide, for example, whether once-off services would need to be considered in the context of the 11 provisions listed in the section. For example, it would not be required of the authority to consider all 11 provisions for a one-off service to a concert, a ploughing championship or sports event.

Amendment No. 5 relates to section 10(1)(b) and the development of an integrated transport system which contributes to environmental sustainability and social cohesion, promotes economic progress and the provision of a well functioning, attractive, integrated and safe public transport system. I note Senator Norris welcomed the term "attractive". It should be noted that the consideration to be addressed by the authority in section 10 relating to bus licence applications must also have regard to the general objectives of the authority. Section 10(1)(b)(i) also states, "the need to provide a well-functioning, attractive, competitive, integrated and safe public transport system of services and networks for all users". The Minister is satisfied these provisions are sufficient to provide adequate protection for the integrity of national, urban and local bus networks.

Amendment No. 6 also relates to section 10 of the 2008 Act, as substituted by the amendment in section 28(1)(c). These include the objective of seeking to achieve regulated competition in the provision of licensed public transport bus passenger services. This is further developed by the provisions of the following section which recognises the need to provide a well functioning service. The Minister believes these considerations would not be enhanced by the wording proposed in the three amendments.