Brian O'Shea (Waterford, Labour)
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Question 59: To ask the Minister for Transport if he has reviewed the transcript of the recent appearance of a person (details supplied) before the Joint Committee on Transport on the alleged operation of a bus service (details supplied) between Dublin and Galway without a licence; his views on the opinions that were expressed by a person at the Joint Committee on Transport; the position regarding his Department's investigation into the operation of this alleged unlicensed service; the date on which the Public Transport Regulation Act will commence; and if he will make a statement on the matter. [45884/09]

Noel Dempsey (Meath West, Fianna Fail)
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I am fully aware of the discussions that recently took place before the Joint Oireachtas Committee on Transport in relations to the bus service in question.

The position in relation to the operation of that service was clearly set out to the Committee by an official of my Department. The service is being operated without the support of a bus route licence under the Road Transport Act 1932. That matter is currently the subject of an investigation by An Garda Síochána.

The Public Transport Regulation Act 2009 was enacted on 27 November 2009. While the Act provides that certain sections of the Act may commence by order, Part 1 and sections 42(1), 45 and Schedule 1 commenced automatically on the date of enactment.

I have recently signed the Public Transport Regulation Act 2009 (Sections 5, 23 and 29) (Commencement) Order 2009 (S.I. No. 466 of 2009), which provides that sections 5, 23 and 29(1)(b), (c) (other than paragraphs (e) and (f) of the amendment effected by that paragraph), (e), (g) to (k) and (2) of the Act came into operation on 1 December 2009. These sections relate to the making of the commencement orders, the drawing up of guidelines by the National Transport Authority in relation to the licensing of public bus passenger services and amendments to the Dublin Transport Authority Act 2008. I have also signed the Public Transport Regulation Act 2009 (National Transport Authority) (Appointed Day) Order 2009 (S.I. No. 467 of 2009), which changes the name of the Dublin Transport Authority to the National Transport Authority with effect from 1 December 2009.

I will determine the dates for the commencement of the remaining provisions of the Act as I deem appropriate having regard to the circumstances in each case.

Seán Sherlock (Cork East, Labour)
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Question 60: To ask the Minister for Transport if his attention has been drawn to the August 2009 report by the United Kingdom's Office of Fair Trade on local bus services in the deregulated UK bus market outside London and Northern Ireland; his views on whether further legislation may be necessary to ensure that predatory and private monopolistic practices such as salami slicing, gaming and exclusivist timetabling that are referenced in the report are avoided in Ireland; and if he will make a statement on the matter. [45885/09]

Noel Dempsey (Meath West, Fianna Fail)
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I am aware of the recent UK Office of Fair Trading market study and report on local bus services, mainly outside London and Northern Ireland, where the bus industry has been deregulated.

The Deputy will be aware that the bus sector is not deregulated in this country and this position has been further reinforced by the recent enactment of the Public Transport Regulation Act 2009. Part 2 of the Act establishes a new framework for the licensing of commercial public bus passenger services with the objective of promoting regulated competition in the public interest, as well as the promotion of integrated, well-functioning and cost efficient public passenger transport services.

The Act establishes a clear structure against which applications for bus route licences will be considered by the National Transport Authority. In particular, it introduces the demand test in section 10 which in effect places the consumer at the heart of the process in that the intention is to match service demand with service provision rather than to protect the existing or prospective service providers.

The section also allows the Authority to consider the impact of proposed bus services on contracted public passenger transport services, including subvented services, where appropriate. These provisions will enable the Authority to protect against "cherry-picking" or other inappropriate activity such as that referred to by the Deputy.

Section 23 of the Act provides that the Authority must produce guidelines for the licensing of public bus passenger services under Part 2 of the Act as a whole. Those guidelines must set out the approach that the Authority proposes to apply to the consideration of applications under section 10. The Act also introduces a modern system of penalties and associated powers for revocation of licences where a licence holder has not met the conditions under which the licence was granted.

I am confident that the provisions of the Act will deliver a new robust bus licensing regime to benefit stakeholders and consumers.