I am informed by the Chief State Solicitor's Office that this question appears to relate to the proceedings entitled “Student Transport Scheme Ltd –v- Minister for Education and Skills and Bus Eireann” which bears High Court Record No. 2011/1043JR and Supreme Court Appeal No. 527/2012.
Student Transport Scheme Limited is the Appellant. Its case was rejected by the High Court and Student Transport Scheme Limited has brought an appeal to the Supreme Court. The question also touches upon a State Aid investigation C31/07, which was commenced by the European Commission in 2007. As the question seems to seek to encroach on the functions of the Courts it is not appropriate to comment further.
The following information was provided under Standing Order 40A
As I pointed out in my reply to the PQ, I am informed by the Chief State Solicitor's Office that this question appears to relate to the proceedings entitled "Student Transport Scheme Ltd -v- Minister for Education and Skills and Bus Éireann" which bears High Court Record No. 2011/1043JR and Supreme Court Appeal No. 527/2012. Student Transport Scheme Limited is the Appellant.
I understand that the essential thrust of the legal action was to seek an Order from the High Court setting aside the existing arrangements between Bus Éireann and the Department of Education and Skills for the provision of national school transport services, citing EU Public Contracts Directives and Regulations. Its case was rejected by the High Court and Student Transport Scheme Limited has brought an appeal to the Supreme Court. The usage of words such as "contract" in various contexts was considered in the High Court proceedings. The Judge found that the operation of the Scheme does not establish the existence of a contract within the meaning of the EU public procurement Directive or the Irish implementing Regulations.
As I also stated in my PQ reply, the question also touches upon a State Aid investigation C31/07, which was commenced by the European Commission in 2007. I am informed that this investigation was in relation to State aid to Bus Éireann and Dublin Bus. The State's response was coordinated by the Department of Transport, Tourism and Sport and the Department of Education and Skills supplied any information to that Department as required by the Commission. The issues raised in the Deputy's question do not involve any wrongdoing requiring to be disclosed to An Garda Síochána. The State has maintained, and this has been stated on many occasions, that the operation and administration of PSO (public service obligation) transport services and the school transport scheme respectively are in accordance with the provisions of EU law. A decision on the investigation is awaited.
