Noel Dempsey (Meath West, Fianna Fail)

I will address the amendments before responding to the additional matters raised by Senators. The section establishes general provisions informing the consideration of applications for bus licences by the authority. Section 10(1)(b) sets out a range of matters which the authority may consider, having regard to the category of licence in respect of which an application has been made. In the case of certain categories, the consideration of any or all of these matters may not be warranted. This is a further example of the flexibility among types of services to which I referred earlier.

It is not entirely clear to me what is meant by the phrase "national urban and local bus network" in amendment No. 3. I presume it refers to the existing network of subvented services provided by Bus Éireann and Dublin Bus. The authority is already empowered to consider the impact of bus licence applications on such services where it deems it appropriate, having regard to the provisions of section 10(1)(b)(iii). I am satisfied that the provisions of section 10, combined with the structures established in section 52 of the Dublin Transport Authority Act 2008 for direct award contracts, offer adequate protection for the integrity of bus networks. For that reason, I do not accept amendment No. 3.

Regarding amendment No. 4, section 10 of the Dublin Transport Authority Act 2008, as substituted by the amendment in section 28(1)(c) of the Bill, sets out the overarching principles for the authority and includes the objective of regulated competition in the provision of licensed public bus passenger services in the public interest. That objective is further developed by the provisions of section 10(1)(b)(i) of the Bill, which recognises the need to provide a functional, attractive, competitive, integrated and safe public transport system for all users. Section 10(1)(b)(v) refers to the national spatial strategy. I do not think these provisions would be enhanced by the addition of the wording proposed in amendment No. 4. In particular, the deletion of the word "competitive" at a time when national competitiveness is to the forefront of economic policy would send out a negative signal.

It is important to ensure the PSO contracts to which Senators O'Malley and Donohoe referred will be transparent. I understand they will be subjected to freedom of information requirements. They have to set out the service requirements from the companies in receipt of PSO subventions. All new PSO services will have to be tendered in open competitions and direct award contracts will be subject to a series of review provisions in this Bill and the Dublin Transport Authority Act. It is not the case that a blank cheque will be signed for five years. The figures on how the contracts are delivered will be available to everybody.

In the case of direct award public service contracts for transport by rail, the competent authority shall make public the following information within one year of granting the award: the name of the company and its ownership if appropriate; the name of the party or parties exercising legal control; the duration of the public service contract; a description of the passenger transport services to be performed; the amount of money paid in financial compensation; quality targets, such as punctuality and reliability, and the rewards and penalties applicable; and conditions pertaining to essential assets.

In regard to Senator O'Malley's specific question on Dublin Bus sightseeing tours, these are not and cannot be subsidised. The routes on which PSO subsidies can be used are set out in the contracts.