An Cathaoirleach:   Time, Senator. My hands are tied. I call Senator Buttimer. Senator Jerry Buttimer: In light of the comments by the Tánaiste and the Minister for Finance, how will the budget be framed? Like Senator Regan, I believe Senator Boyle is embarrassed at being in government and wants to be on these benches. We would welcome him in the Opposition. An Cathaoirleach: The Senator should speak on the Order of Business. Senator Jerry Buttimer: This is relevant to the Order of Business. An Cathaoirleach: Do not speak across the floor. Senator Jerry Buttimer: Senator Boyle is like a miniature soldier. An Cathaoirleach: One liners will not get the Senator on television tonight. Senator Jerry Buttimer: When there is a crisis he is wheeled out. I know he is embarrassed by being in government. Senator Donie Cassidy: There is no room over here for Senator Buttimer. An Cathaoirleach: I ask the Senator to put his questions on the Order of Business to the Leader. Senator Jerry Buttimer: I asked a question. An Cathaoirleach: I did not hear it. Senator Jerry Buttimer: I will rephrase my question. An Cathaoirleach: Put it to the Leader. Senator Jerry Buttimer: I asked who or what is going to frame the budget this December. I join Senator Fitzgerald and others in calling for a discussion with the Minister of State at the Department of Health and Children, Deputy Barry Andrews, on the important issue of the rights of children. I am concerned that we have not concluded our debate on the Ryan report, as was promised by the Leader. Where has that report gone? Is it gathering dust on a shelf while the Government procrastinates and fails to do nothing? What is happening in the area of intercountry adoption, particularly in respect of Vietnam? As Senator Fitzgerald rightly pointed out, there are hundreds of distressed families in this country. What is the status of the adoptions? The Minister of State is saying nothing. I urge him to discuss this issue in the Seanad. We need a debate on Ireland, the type of society and Government we want and the role of politicians and civil society. An Cathaoirleach: The Senator’s time has concluded. Senator Jerry Buttimer: It is important that we hold such a debate in the context of the budget, the Lisbon treaty and, especially—— An Cathaoirleach: The Senator should conclude. Senator Jerry Buttimer: I am concluding on this point. There has been a breakdown in people’s trust of politicians. Senator Fiona O’Malley: Senator Buttimer is intoxicated by the exuberance of his own verbosity. He noted that the Government is failing to do nothing. Within this double negative lies a positive, therefore the Government is highly active. He would be better to choose his words more carefully. Senator Jerry Buttimer: We are not on “Today with Pat Kenny” now. Senator Fiona O’Malley: I seek a discussion on education. A number of the industrialists who spoke at last week’s forum in Farmleigh noted out that our reputation for education is no longer as high as we believe it to be. Now would be an opportune time to invite the Minister for Education and Science to discuss education policy in a broad sense. It is a matter to which I have given considerable thought over the summer break. We need to fundamentally assess how we educate children. Is it merely a question of passing the junior and leaving certificates? We need to engage in teaching children to think for themselves. I would welcome a broad debate on education given that it is one of the ways through which we escaped our previous economic doldrums. It would represent a long-term investment in the country. Senator Paudie Coffey: I support the comments made by previous speakers on the rights of children. Yesterday I also spoke about our vulnerable elderly. Today I want to highlight the problems of those aged between 25 and 40 who are exposed to serious financial and emotional pressures. They bought houses at the peak of the property market and in many cases have young children who are attending school or college. Furthermore, they are now falling victim to redundancies. As parliamentarians, we need to take account of this age group. For several days we received mixed messages from Ministers with regard to how the Government intends to address the economic crisis. A national programme for recovery was introduced in 1987 and the Government of the day engaged with the social partners and communities. Such a programme is once again needed. If we are to find a roadmap to recovery, we need to be honest with the people and put our cards on the table. Last week’s forum of leading business people with Irish connections was positive in terms of proposing solutions. Such an approach could also be tried at local and regional levels. Universities, institutes of technology and regional business leaders could get together with communities to identify problems and propose solutions locally. That is the only way we can be inventive or offer new hope. This morning Senator Fitzgerald proposed a motion on the NRA. Last year I raised my concerns about the lack of service stations on our national primary routes. Over the summer, hundreds of miles of national roads were designated motorways with a click of the fingers. No regard was paid to strict international standards on driver fatigue, which is one of the most unsafe practices in the developed world. Ireland has no service stations and only two are proposed. That is a disgrace and I call for a debate on our national roads network and accountability from the NRA. Senator Paul Bradford: I support all the requests for debates made by my colleagues this morning. The Leader received dozens of requests for debates yesterday and he faces a difficult job in prioritising them. A number of speakers have attempted to progress legislation on a children’s referendum but at the other end of the spectrum the question arises of the challenges facing the elderly. I have previously stated in the context of a broad debate on services and protections for the elderly that we should set the bar higher by considering a referendum on the rights of the elderly. This proposal deserves meaningful scrutiny from the perspective of health care and civil rights. Elderly people are facing huge challenges which require political attention. I support the call for a debate on education. The majority of Senators have received representations in regard to the school building programme. If the Government survives the coming weeks I am sure an announcement will be forthcoming in that regard. We need to reflect on the prefab industry. I understand that more than €100 million of taxpayers’ money has been spent on prefabs over the past three or four years. Many school boards and parents’ associations now argue that if the money was available in a different form proper structures could have been built. Can we hold an urgent debate on the prefab industry? One school in the village of Rathcormac in my constituency has had prefabs for more than 40 years. I could identify many more examples from across the country. Significant amounts of money are being wasted on renting prefabs in cases where solid structures could be provided. We should hold a debate on how the taxpayer could save and the pupils gain. Senator Donie Cassidy: Senators Fitzgerald, O’Toole, Mullen, Mary White, Buttimer and Coffey raised the transport Bill. In reply to Senator Fitzgerald, I will give whatever time is required — definitely a week to ten days — between the Second Stage and Committee Stage of this Bill. On the serious concerns expressed by Senators this morning, particularly Senator Mary White, regarding the abuse of 30,000 children, which is horrifying to say the least, I certainly have no difficulty in coming back to the House on having a continuing debate on the Ryan report, on which I gave a commitment to the House before the summer recess, and also on having the Minister of State with responsibility for children and youth affairs, Deputy Barry Andrews, come to the House on the concerns being expressed regarding adoption, especially from Vietnam. As the House will be aware, the Minister of State went to Vietnam and met representatives of the Vietnamese Government. I certainly have no difficulty in inviting him back to update the House on his discussions there, and also on all matters pertaining to the concerns of the Joint Committee on the Constitutional Amendment on Children under the chairmanship of my colleague, Deputy Mary O’Rourke, and all the various issues and challenges facing children and their well-being in the country at present. Senator O’Toole raised the need for a debate on the public sector to discuss the serious issues and challenges facing everyone at work and what their contribution will be. What he proposes is a good idea, that we would go through it portfolio by portfolio — perhaps two per week if possible — between now and the budget to see how the House with its wisdom can make proposals to assist the Government in its plight of finding €4 billion in savings as outlined by Senator Marc MacSharry. It is a matter in which this House can play a leading role. I invite Senators over the next few days to put their thoughts together with all their teams of expertise with whom they have worked down through the years to come to the assistance of the Ministers to see how the reduction in income there will be in their portfolios can least affect those who are underprivileged and on the margins of society. This is a good idea. On Senator O’Toole’s proposal that we would spend one day a month in the House with the North-South Ministerial Council report, possibly we can have a lengthy period of time allocated on one day so that we can celebrate the tenth anniversary of the great work being done by Ministers North and South. We could also allocate one day a month for the House to discuss EU reports and decisions. There is all-party agreement on this. I understand it is in our submissions — certainly in the Fianna Fáil one — that we would get more actively involved in all EU matters as well as matters pertaining to the North of Ireland. It would be timely to have this debate take place one day a month. I will discuss this matter with the various Ministers and get their full support and approval. The great work taking place is not being relayed to the people and I would like to think that Seanad Éireann could be the conduit for the various achievements taking place, particularly in the North-South Ministerial Council. We can let this take place and let the people know and be updated on the achievements taking place. Senators Hannigan and Regan raised the Lisbon treaty referendum on Friday, 2 October. I am pleased to inform Senator Regan that the new posters went up overnight to point out the lie of the €1.84 minimum wage and I congratulate those who were involved in this. They went a step too far and this was the poster that really highlighted the lies that were being told by the “No” campaign on this matter. The minimum wage is enshrined in law in primary legislation passed by both Houses and is €8.65. It is something of which we can be proud on the one hand, but we can certainly give the lie to the myth being perpetrated by people who are misleading people, especially senior citizens, in many areas. I am pleased to see the posters being erected to correct the matter and to state that the minimum wage is €8.65 and, as I stated, that it is enshrined in primary legislation. Senator Hannigan remarked on what President Obama is trying to achieve, and what he is trying to do is uplifting. As I often have stated, it is never the wrong time to do the right thing. What President Obama is trying to achieve is positive and I concur with Senator Hannigan’s remarks. While it may be the anniversary of Guinness, which is our greatest export and a world leader as an ambassador for Ireland, the Cathaoirleach and I never partook of it, of course. That is not to say that to discuss may not be always to agree. At the end of the day, we congratulate everyone in Guinness on the wonderful employment the company has given in Ireland over 250 years. Senator Jerry Buttimer: It is not our greatest export though. Senator Donie Cassidy: Senator MacSharry called again for a debate on the economy — there was a good debate in the House yesterday evening — and also on the various reports that have been published. These are for our consideration as legislators. When we have discussed them and made our views known to the Government, it will then assess the views of colleagues from all sides of both Houses and then make up its mind. The Minister for Finance and the Government will let the people know on budget day when it will start to look at parts of those reports. As I stated in the House yesterday, I do not see the closing of Garda stations to save €1 million as a serious and common-sense proposal. I do not expect that will happen. I hope it will not happen because, as we all stated yesterday, the people deserve security in their homes. The proposal on €11 million for the rural transport scheme does not seem to make sense given the great and important good the scheme is doing right across the entire nation. However, there are good proposals that will assist Government. Every Minister can have his or her individual opinion and then collectively sit down as a Government and make decisions. We all represent constituencies individually, no matter what office we hold in either House. It would be a poor day if individual Members coming to these Houses to represent their constituents could not be allowed express their opinions on behalf of their constituents and then collectively make their decision as members of Government. Senator Cannon spoke of the unemployed and voluntary employment. His is a worthwhile suggestion. I say to the Government it is about time whoever is in charge would cover the insurance of tidy towns committees or town development committees for individuals and groups of young people. If young people want to work voluntarily in areas identified by those experts who are advising these committees, insurance should not be the problem to stop them from doing the good work and improving the environment in the place where they were born and are living. I certainly will allow a debate on this take place at the earliest time because there is nothing more soul destroying than getting out of bed in the morning with nothing to do all day. Money has nothing to do with this. This is a social contribution and it can bring in significant dividends, whether in constructing walls, improving cemeteries or doing whatever in the local parish. We all see the power of the local parish in Croke Park on St. Patrick’s Day. It moves mountains and does tremendous work. We, as legislators, should ensure this determination by our young people is not interfered with because they have no insurance cover. I thank Senator Cannon for bringing the matter to the attention of the House this morning. Senator Quinn raised tobacco smuggling and the resulting loss to the Exchequer. Most important of all, however, the Senator brought to the attention of the House the high tar content in such cigarettes which is so dangerous to the health of those smoking them. I certainly will past his view on to the Minister. He also raised the postal code system and said that it will cost so much. It is my intention to have the Minister present to update the House on his proposals for the 1.8 million addresses that must be re-coded according to his proposal. Senators Twomey and O’Reilly called on the Minister for Health and Children, Deputy Harney, to come to the House to discuss health services. I already gave my commitment to this yesterday and I am endeavouring to get a date in the Minister’s diary so that this can happen. Senator Twomey highlighted an issue with night classes in Wexford. As a former member of a VEC for four decades, I can say this is the function of the board of management in the first instance or the VEC in the second instance. A small contribution is needed by mature students attending in the evening. What was most uplifting in the 40 years I was a member of the VEC was the huge contribution to adult education, particularly in evening classes. If a small contribution of €5 or €10 is needed to allow this to continue, I do not believe the people, students in particular, will stop this from taking place. However, to suggest schools will close down every night of the week in a proud county like Wexford is unacceptable. I ask Senator Twomey and all Oireachtas Members from County Wexford to go back to the VEC to make their strong views known. If this is the case, it should not be allowed to continue. Senators Hanafin and Regan expressed their strong views on the banks. In particular, Senator Hanafin said the people and the Government should know the percentages for mortgages, business and export-related growth, respectively. This is a commonsense proposal. When the Minister comes to the House to discuss the finance portfolio, we can make this proposal to him. This is where NAMA will be really effective once the percentages are agreed and all concerned, including the Government and the banks, are happy that this is what the plan will be. It is the national plan for recovery, which is as it should be. Once the taxpayer sees that the money will go to those who will generate growth and first-time house buyers, we will all know it is going to the productive end and will not be abused on this occasion. Senator Buttimer again called for a debate on Ireland of the future. I agreed yesterday to have such a debate. Senator O’Malley called for a debate on future education policy. I have already given such a commitment and believe it is a very good idea. Senator Coffey has expressed serious concerns about those aged between 25 and 45 years who are under financial and emotional pressure. I agree with him in this regard. This is the section of society now most at risk and experiencing pressure never experienced before. The financial institutions need to play a serious part in this regard. If couples cannot make repayments through no fault of their own and they have a previously good track record, there is no reason they should not be allowed to pay interest only for a period of, perhaps, two years, or roll it over for a year at the end of the loan. If they have a good track record, the financial institutions and the Government need to take into account the difficulties couples aged between 25 and 45 years are experiencing. Senator Coffey also called for a debate on the National Roads Authority and the designation of many miles of national roads as motorways. Local authority members have made strong proposals in this regard. In our area the road from McNeads Bridge to Kinnegad and from Kinnegad to Athlone has been a dual carriageway for some years. It has been tried and trusted and, thank God, very few accidents have occurred, with no accidents on some stretches. While the research has been done, I have no problemn in having a debate on the National Roads Authority and where we go from here. Senator Bradford called for a debate on the rights of the elderly. I can certainly agree to have a debate on the matter. He also spoke about the €100 million spent on renting prefabricated buildings. This is an enormous amount of money. This is the time to get value for money — more for less, we are told. Builders would be delighted to undertake small schools projects such as this if it was the best that was to happen in the long term. I do not have any difficulty in having a debate on that matter also. Senator Eugene Regan: On a point of order, the Leader has addressed a question I did not ask and failed to address the question I asked about infighting in the Cabinet. An Cathaoirleach: The Senator can take it up with the Leader afterwards. Senator Dan Boyle: We are producing legislation on the matter. Order of Business agreed to.  Public Transport Regulation Bill 2009: Order for Second Stage.
Bill entitled an Act to provide for the licensing of public bus passenger services, to change the name of the Dublin Transport Authority to the National Transport Authority, to provide for the dissolution of the Commission for Taxi Regulation, to amend the Taxi Regulation Act 2003, the Dublin Transport Authority Act 2008 and certain other enactments and to provide for related matters.
Senator Fiona O’Malley: I move: “That Second Stage be taken today.” Question put and agreed to. Public Transport Regulation Bill 2009: Second Stage. Question proposed: “That the Bill be now read a Second Time.” Minister for Transport (Deputy Noel Dempsey): I am pleased to introduce the Public Transport Regulation Bill 2009 for the consideration of the House. The Bill is the second phase in the Government’s public transport legislative reform programme which commenced with the enactment of the Dublin Transport Authority Bill last year. The Bill follows and builds on the enactment of that legislation and, together with that Act, presents a comprehensive framework for the future regulation and control of public passenger land transport. It is particularly appropriate that the Bill should commence its Oireachtas journey in Seanad Éireann as it was here that the Dublin Transport Authority Act was first presented to the Oireachtas. We had a very good debate with very constructive suggestions and a number of amendments were subsequently taken here or in the other House. I am delighted to come back to have the Bill scrutinised for the first time by the Seanad. The immediate primary focus of the Bill is to establish a new modern legal framework for the licensing of commercial public bus transport services with the objective of promoting regulated competition in the provision of licensed public bus passenger services on a national basis, as well as the further promotion of integrated, well functioning and cost efficient services. The legislation has been drafted in a manner to ensure it complies with EU law, in particular, EU Regulation 1370/2007. In association with this, the Bill also provides that responsibility for the administration of the new system will be given to the Dublin Transport Authority as it is now known. The transfer of the bus licensing function from my Department to the authority establishes a synergy with the current role of the authority under the Dublin Transport Authority Act. That Act put in place a legislative framework to support the procurement of public transport services by the authority by way of public service contracts within the greater Dublin area. That latter role is also being expanded through the Bill to apply nationally. In effect, the contracting arrangements in Part 3, Chapter 2, of the Dublin Transport Authority Act are being extended nationwide. The Bill will also realise the transfer of the Commission for Taxi Regulation to the authority. The amalgamation of a number of important functions relating to the regulation and control of all land-based transport modes on a national basis within the authority has prompted my decision to confer it with the title of National Transport Authority. The Bill also contains a number of miscellaneous provisions regarding public transport. When the Government launched the ten-year, €34 billion capital Transport 21 investment framework in November 2005, it was recognised that there was an urgent need for institutional reform, as well as infrastructural renewal. An Agreed Programme for Government in 2007, therefore, incorporated the commitment to reform bus route licensing to facilitate the optimum provision of services by providing a level playing field for all market participants, whereby both private and public service providers would be licensed and operate under the same rules. The Bill before the House today therefore establishes a new bus route licensing regime replacing the Road Transport Act 1932, which currently governs the licensing of commercial bus services provided by private bus operators, and also replaces provisions of the Transport Act 1958 which relate to bus services provided by Dublin Bus and Bus Éireann. The provisions of the 1932 and 1958 Acts have long been recognised as being in need of significant reform. The 1932 Act in particular was designed primarily to protect the then rail network but has never been amended in light of changed economic and social circumstances. It is recognised by all consumer groups and stakeholders in the bus sector as a body of legislation which is unsuited to modern conditions for the regulation of a public bus market which has many different characteristics — interurban, suburban, rural, local and community — all of which serve different needs. It deals only with the licensing of private operators on routes and applies criteria which are totally outdated. The 1932 Act does not apply to services provided by Dublin Bus or Bus Éireann, which are authorised separately under the Transport Act 1958. Under existing arrangements, proposed new services or changes to existing services by either company must be notified to my Department under an administrative procedure. My consent is required under section 25 of the 1958 Act where a new service or an alteration to an existing service would give rise to competition with a licensed service provided by a private operator. Neither Act provides a legislative basis on which to regulate both public and private operators in the market in accordance with current EU regulations regarding monopoly and exclusive rights and direct award contracts. In accordance with the commitment in the programme for Government, the proposed bus route licensing regime in respect of commercial bus services will provide a level playing field for all bus market participants. The new licensing structure will apply in respect of all commercial bus passenger services, including those provided by Dublin Bus and Bus Éireann. It will establish a clear structure against which applications for bus route licences will be considered, as well as a modern system of penalties and associated powers for revocation of licences. The new regime will operate side by side with a new contractual regime to apply in respect of bus and rail services which are the subject of public service obligations, PSOs. The Dublin Transport Authority Act 2008 established a contractual framework for the procurement of public transport services by the authority in respect of services which in EU terms are defined as PSOs, and a basis for a new performance-based and transparent contractual structure relating to the provision of bus and rail services in the greater Dublin area, GDA, deemed to be the subject of a PSO. This will ensure the best value for the travelling public and the taxpayer from the still significant subvention being provided by the Exchequer for public bus services operated by Dublin Bus and Bus Éireann or indeed other service providers in the future. The Bill provides that the contractual framework under the DTA Act for the future subvention of non-commercial bus services and rail will be extended to apply to such services nationally. Parallel with this Bill, work is proceeding in my Department in drafting direct award contracts with Bus Éireann, Bus Átha Cliath and Iarnród Éireann with a view to having such contracts concluded in the coming weeks. In a wider strategic context, the reform of the legislative framework must also be viewed against the background of the substantial investment in infrastructure which has been completed or is currently under construction or planned under Transport 21, which remains the most significant and sustained transport capital investment programme in the history of the State and will rectify deficits in transport infrastructure which, if not addressed, could seriously undermine our competitiveness, discourage inward investment, slow our economic growth and retard the future potential of the economy. Population and employment growth and the associated increase in car ownership, even if moderating in the current recession, have placed the transport infrastructure under severe pressure. This is most evident in the GDA where deficits in the transport infrastructure, even during periods of economic contraction, have resulted in congestion, increased journey times and an ever-expanding urban sprawl. |