Select Committee on Enterprise and Economic Strategy debate -
Tuesday, 25 Jun 1996

SECTION 10

Question proposed: "That section 10 stand part of the Bill."

Mr. M. McDowell

Will the Minister elaborate on paragraphs (e) and (f) of subsection (2)? Paragraph (e) states that the order made by the Minister can specify "the manner in which the light railway works are to be operated and maintained,". Is it envisaged that the Minister can tell CIE when it is to run the trains and how they are to operate?

Paragraph (f) says it can "contain such provisions as the Minister thinks proper for the protection of the public generally, of local communities and of any person affected by the order,". How would the light rail order contain matters for the protection of local communities?

Mrs. Doyle

The Deputy's interpretation of the first paragraph that the Minister may in extreme circumstances—

Mr. M. McDowell

Extreme circumstances?

Mrs. Doyle

I do not envisage the Minister being involved in day-to-day activity. Do not be facetious about this. It is serious legislation.

Mr. M. McDowell

Where is the extreme circumstance here?

Mrs. Doyle

The "may" means the provision is held by the Minister in case he or she needs to use it. It is to protect the interest of any local community or, in terms of managing the timetable, to respond to needs in a particular area. The provision is there for a Minister who is not satisfied with the day-to-day management, timetable and programme of work. I do not expect it to be used on a daily or regular basis but it is normal for the Minister to maintain control for an occasion when it might be needed.

Mr. S. Brennan

Section 10(e) states "the order may contain provisions as to the manner in which the light railway works are to be operated." Could the Minister decide that the manner in which it is to be operated is by one of the subsidiaries?

Mrs. Doyle

Yes, he could. That section is open to broad interpretation. This also applies to the construction phase. It is important for the Minister to maintain control if a serious problem arose which impacted on a local community.

Question put and agreed to.