Stephen Donnelly (Wicklow, Independent)
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68. To ask the Minister for Education and Skills if he will give the required approval to the EU Commission to disclose all documents in the EU Commission's control in relation to its investigation of State aid to Bus Éireann and Ireland's answer to the question by EU Commission in C 31/07 Paragraph 82; and if he will make a statement on the matter. [9971/14]

Stephen Donnelly (Wicklow, Independent)
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69. To ask the Minister for Education and Skills if the EU Commission was told by the Irish Authorities that the school transport services were operated under contract by Bus Éireann and also to confirm that the EU Commission were quoting from the Irish submission that the service was operated under contract in its letter to the Irish Minister for Foreign Affairs as published on the OJEU of 15 September 2007; and if he will make a statement on the matter. [9973/14]

Ciarán Cannon (Galway East, Fine Gael)
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I propose to take Questions Nos. 68 and 69 together.

The Deputy's question relates to an investigation initiated by the European Commission on the subject of State Aid to Bus Éireann and Dublin Bus. The State's response was coordinated by the Department of Transport, Tourism and Sport and my Department supplied any information to that Department as required by the Commission. A decision on this investigation is awaited. The release of the documents referred to is a matter for the relevant European Commission Directorate.

The Deputy will be aware that the current arrangements between my Department and Bus Éireann for the provision of national school transport services were the subject of High Court proceedings seeking an order setting aside those arrangements. The case was heard over a six day period in the Commercial High Court. The High Court Judgement was delivered in October 2012 and found decisively in favour of the Department. The usage of words such as "contract" in various contexts was considered in the case in question. Given that a Supreme Court appeal is pending it would be inappropriate for me to comment selectively on this aspect outside the appropriate legal forum.