Sean Barrett (Independent) | Oireachtas source

I move amendment No. 34:

In page 23, lines 31 to 38, to delete subsection (2).

The amendment proposes to delete subsection (2), which provides that the National Transport Authority, in making regulations under the section, may set different requirements and conditions in relation to the operation of different categories of small public service vehicles and their drivers, dispatch operators and other persons booking services for small public service vehicles, for different circumstances, and for different counties or areas in the State. This returns me to my comment that this legislation is an example of bureaucracy going over the top in unpicking a decision of the courts that was found in the Goodbody report to be highly beneficial. The provision allowing the NTA to set different requirements and conditions for different categories of vehicle and so forth is a bureaucrat's charter, which also confirms that it is intended to reintroduce area licensing for different regions or counties. As I stated, the current provisions proved to be a major success in 24 of the 26 counties, although for reasons we have not been able to figure out, counties Tipperary and Monaghan had problems in this regard. Unfortunately, the Minister of State comes from one of the two counties where problems occurred.

I accept economic success when it occurs. The Department of Transport, Tourism and Sport and the National Transport Authority do not have a great record in regulation because they always protect incumbents and act in an anti-competitive manner. This subsection provides them with a bible and I am unhappy with it for that reason. We have started to move backwards since the High Court decision and this section is another example of this trend. I tabled the amendment because the subsection is not necessary. If we have 24 successes out of a possible 26, that is a pretty good national batting average.