Tony Killeen (Clare, Fianna Fail)

The existing provisions of section 10(2) of the Bill allow the authority to consider submissions from or on behalf of a licensed applicant, to invite submissions or information from the applicant or any other party and to examine any other matter it deems relevant to the public interest. These provisions are such to facilitate the invitation and consideration of submissions from any local authority that may have an interest in individual applications, particularly where the proposed bus routes would operate within the functional area of the local authority concerned. However, section 10(2)(b) gives discretion to seek the views of interested parties where appropriate, including local authorities.

The Minister, Deputy Noel Dempsey, is satisfied the existing wording of subsection (2) allows the local authority participation in the application process. Amendment No. 7 seeks to introduce the requirement for the authority to invite and consider local authority submissions in the case of all bus licence applications. The amendment also stipulates that the making of a submission by the local authority will be a reserved function of the local authority which would require input from the elected members and a resolution to be passed at a meeting of the authority.

The Minister is not convinced of the need for such a provision and has some concerns that it would result in unnecessary delays in the consideration of some bus licence applications by the authority. It is clear that not all bus licence applications would warrant a specific input from the individual local authorities, for example, in the case of occasional licences for one-off events. In addition, the introduction of a reserve function in respect of the making of submissions and applications would delay unduly the processing of applications and does not assist in improving the processing of bus licence applications in the interests of the need of the public and of consumers in general. The Minister's view is that the authority needs flexibility to decide these matters.