Alan Kelly (Tipperary North, Labour) | Oireachtas source

Sections 3(2) and 3(3) provide that the National Transport Authority, NTA, will engage in a process of consultation on proposals for regulations made under this Bill and will publish rules and orders made. Section 3(4), which the Senators have proposed to delete, is a necessary safeguard to ensure any future prosecutions arising as a result of a breach of a regulation order will not fall foul of any legal challenge on the grounds that adequate consultation under sections 3(2) and 3(3) was not carried out.

The Bill sets out clearly the scope the NTA has in making regulations concerning PSV, public service vehicles, licensing, assessment of applications for licences and PSV regulations. However, were the NTA to make regulations ultra vires provided in the Bill, then this would be appropriate grounds for any legal challenge. The amendment proposed by the Senators is not appropriate and does not serve any purpose and will, therefore, be not accepted.