To ask the Minister for Transport his plans to put new legislation in  place to support the role of private bus operators in the Dublin transport market; the measures he will consider introducing; when they will be
introduced; and if he will make a statement on the matter.

Reply:

The Programme for Government contains a commitment to expedite the establishment of a Dublin Transport Authority, which will have the necessary powers to ensure the delivery of the integrated public transport system envisioned under Transport 21.   The Dublin Transport Authority Bill has been published and is currently before the Dáil.

The DTA Bill establishes a comprehensive framework which will give the new Dublin Transport Authority the power to procure public passenger transport services through the making of public service transport contracts.  Section 48 of the Bill envisages that the DTA may enter into contracts following open tendering in respect of public bus passenger services, as well as metro and light rail services.  It also provides that public bus and rail services can be secured by means of direct award contracts.  However, section 52 provides that direct award contracts will only apply to the continued provision of the services currently being provided by Dublin Bus and Bus Éireann.

Accordingly, the future growth in the market for subvented public bus services will be pursued by way of open tendering in accordance with the new EU Regulation 1370/2007 on public passenger transport services by rail and by road, which will become mandatory from December 2009. All contracts will be framed against the background of EU law and will set strict standards of operational performance and customer service and will contain penalties for non-performance.

The provisions of the Bill seek to maintain a balance between the need for transport services, including bus passenger transport services, that are the subject of a public service obligation and the licensing of private
transport operators who provide commercial bus transport services and are licensed under the provisions of the Road Transport Act 1932.

The Programme for Government also includes a commitment to improving bus services under Transport 21 by reforming the bus licensing provisions of the Road Transport Act 1932, to facilitate the optimum provision of services by providing a level playing field for all market participants, both public and private.

It is my intention that proposals for a new bus licensing regime will follow in subsequent legislative proposals to be contained in the Public Transport Regulation Bill.  At this stage it is too early to be precise on
the detail of the proposals except to confirm that the new Bill will deal with the replacement of the Road Transport Act 1932 and the provisions of the Transport Act 1958 that relate to the provision of bus services by the State bus companies.

While it is not possible at this time to indicate a precise time as to when the legislative proposals on regulatory reform of the bus market will be published, applications for new bus licences and notifications from State bus operators will continue to be processed under the provisions of the Road Transport Act 1932, as amended, and the notification system with reference to the Transport Act 1958, as appropriate.