Sean Barrett (Independent)

I move amendment No. 5:

In page 9, line 7, to delete subsection (6) and substitute the following:

"(6) Where the Minister has not decided on an application within three months the applicant may within 21 days of the expiry of that period appeal to the District Court seeking a decision on the application.".

Senator James Heffernan informed me yesterday that the period of 21 days was included in the legislation, but I want to be sure. Perhaps through an oversight I could not find the relevant section. I am concerned to ensure Ministers reply quickly because there has been experience of long delays; Mr. Justice Brian McMahon remarked in the Swords Express case that the delay had been so long, the favoured applicants, Dublin Bus and CIE, gained an advantage over the other applicant, Swords Express. If we are imposing duties on members of the general public involved in the transport business to be swift in their response to the Minister, Ministers should also respond quickly. If the provision is already included in the Bill and I have missed it through an oversight, I will be glad to accept this, but I would like an undertaking that the Department will respond quickly to applications.