Finian McGrath (Dublin North Central, Independent)
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1280. To ask the Minister for Transport, Tourism and Sport in relation to Taxi Regulation Bill Section 52.DI, if he will confirm if the words exclusive right are open to a legal challenge; if Dublin Bus is being set up on this matter; if it is legal for aa private security firm to enter a premises without a Garda present; if he received full legal advice on these matters; and if he will provide this Deputy with a copy of same. [46660/13]

Alan Kelly (Tipperary North, Labour)
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The provisions of the Taxi Regulation Act 2013, as is the norm in the process of preparing draft legislation for presentation to the Oireachtas, were subject to review by Advisory Counsel of the Office of the Attorney General. Any legal challenge would be a matter for determination by the Courts.

The Taxi Regulation Act 2013, under Section 74, amends Section 52 of the Dublin Transport Authority Act 2008. The amendment allows for the direct award of public service contracts to a public transport operator. In particular this will allow for the continued provision of services under the rural transport programme in areas where there is a public transport gap that is not currently being met by other public transport service providers, including Dublin Bus and Bus Eireann. The direct award of public service contracts for public transport is governed by EU Regulation 1370/2007.

Section 40 of the Taxi Regulation Act 2013 provides for warranted authorised persons under the Act, including personnel operating in accordance with service agreements with the National Transport Authority, to enter a premises or place where activities associated with small public service vehicles (SPSV) are being carried out, for the purpose of enforcing compliance with the SPSV Regulations. However, Section 40 also requires that an authorised person cannot enter a private premises without the consent of the occupier unless in possession of a search warrant from a judge of a District Court.