Brian O'Shea (Waterford, Labour)
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Question 155: To ask the Minister for Transport the procedure necessary for Bus Éireann to establish a new route or change an existing one in its network; if Bus Éireann will be regulated by the new Dublin Transport Authority or institutions established by the promised Public Transport Regulation Bill; and if he will make a statement on the matter. [3403/08]

Noel Dempsey (Meath West, Fianna Fail)
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Since 10 January 2001, Bus Éireann is required by Ministerial direction to notify my Department of any proposed new services, or proposed changes to existing services, at least four weeks prior to their introduction.

Where there is no competition from services provided by a licensed private operator, Bus Éireann is advised that the Department has noted their proposed service change and the company is free to proceed.

Where my Department considers that a proposal has the potential to compete with a prior application from a private operator under the Road Transport Act, 1932, Bus Éireann is informed and the company is required to defer the proposed service until the prior application from the private operator concerned is decided upon.

When the prior application is finalised and a licence has issued my Department then reverts to consider Bus Éireann's proposals taking into consideration the newly licensed service.

Where the proposed new amended Bus Éireann service would compete with a licensed service, the company must obtain my consent under section 25 of the Transport Act 1958 before proceeding.

With regard to proposals for regulation of Bus Éireann, as stated in the Programme for Government, the Dublin Transport Authority will have overall responsibility for surface transport in the Greater Dublin Area. I am examining legislative proposals for the proposed DTA with the intention of bringing them to Cabinet for approval and to publish the DTA Bill in due course. While I do not wish to pre-empt the consideration of the provisions of the Bill by this House, given the geographical area for which it is envisaged the DTA will be responsible, the majority of the services provided by Bus Éireann, with some exceptions, will not be subject to regulation by the DTA.

The Programme for Government also includes a commitment to examine the need for a National Transport Regulator in the context of the proposed review of the economic regulatory environment and to reform bus licensing to facilitate the optimum provision of services by providing a level playing field for all market participants. Any new licensing regime will be designed in a manner consistent with the new EU Regulation on Public Service Obligations in the transport sector, which was adopted in 2007 and will come into force next year.

While it is not possible at this time to indicate a precise time as to when the legislative proposals on regulatory reform of the bus market will be published, applications for bus licences and notifications from bus operators will continue to be processed under the provisions of the Road Transport Act 1932, as amended, and the notification system with reference to the Transport Act 1958, as appropriate.