Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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40. To ask the Minister for Transport, Tourism and Sport his views on whether the future of Bus Éireann following the recent crisis and closure of several routes is best served by a policy of competitive tendering for 10% of its existing network; and if he will make a statement on the matter. [42139/17]

Shane Ross (Dublin Rathdown, Independent)
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I was pleased that both the Company and the Trade Unions accepted the recommendation issued by the Labour Court last April.  The implementation of the Recommendation is a matter for the Company and the trade unions. I believe implementation of that recommendation can provide for a successful and sustainable future for Bus Éireann.

Under the Dublin Transport Authority Act 2008 it is a statutory function of the NTA to determine the appropriate mix of directly awarded and competitively tendered bus services.  Arising from this, it is the NTA's role to conduct the public procurement process relating to its decision to tender out of 10% of the PSO bus network. 

The Labour Relations Commission (LRC) recommendation of May 2015, accepted by all parties at that time, set out that in the event Bus Éireann were unsuccessful in the tendering competition that workers’ rights would be protected and that the NTA would ensure these were built into the contract with the winning bidder.

It was also made clear at the LRC discussions that over a 2 to 3 year period there would be sufficient growth within Bus Éireann to absorb any drivers affected by the loss of tendered routes if Bus Éireann were unsuccessful in the competitions.  Due to this anticipated growth there will be no compulsory transfer of staff.

However, in the event Bus Éireann is unsuccessful in one or both competitions, under the EC (Protection of Employees on Transfer of Undertakings) Regulations 2003 (known as "TUPE") Bus Éireann employees may choose to automatically become employees of any new operator on the same terms and conditions. Thus employees’ continuity of employment would be preserved, as would their terms and conditions of employment under their contracts of employment.