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Dáil Éireann díospóireacht -
Wednesday, 30 Sep 1998

Vol. 494 No. 2

Priority Questions. - EU Directive on Cabotage.

Ivan Yates

Ceist:

69 Mr. Yates asked the Minister for Public Enterprise the progress, if any, made in the proposed implementation here of the EU directive on cabotage as it affects bus passenger transport; the decisions, if any, the Government has made on the reform of the Road Transport Act, 1932; and if the Government will consider introducing a licensing commission to develop public passenger services along the lines of the Independent Radio and Television Commission legislation of 1988. [17746/98]

Council regulation 12/98 lays down the conditions under which road passenger carriers established in one member state may provide, on a temporary basis, certain types of national transport services in another member state. This is known as cabotage. The provisions of the regulation will apply from 11 June 1999. It will be incorporated into Irish law by means of a statutory instrument early in the New Year.

The Road Transport Act, 1932, as amended, is the legislative basis for the licensing of scheduled bus services in this country. This legislation governs the provision of passenger services, aside from services provided by Bus Éireann and Bus Atha Cliath. There is widespread acceptance that there are a number of difficulties associated with the implementation of this legislation. It is clear that this is a complex matter to which there are no simple solutions.

Substantial competition between public and private operators has been of real benefit to consumers. As outlined in my Department's statement of strategy, it is planned to carry out a review of options for the effective regulation of the bus market with a view to introducing legislation to replace the 1932 Act. This review will focus on improving customer service, effective enforcement, fair competition and appropriate integration of services. I expect the establishment of an independent authority to be one of the options to be considered in that review.

I thank the Minister of State for his reply. What timescale does he envisage for this? The last six Governments promised a review of this area. Is he aware that, as we speak, there is a legal farce whereby on inter-city routes to and from Dublin, people are, mar dhea, operating travel clubs, but in effect it is a scheduled competitive transport service? There is an urgent need to comply with what is coming from Europe and to regularise what is a de facto situation, as well as spawning and developing local rural transport services. Does the Minister of State agree there is a huge, inherent and deep conflict in this area whereby the Minister, as shareholder and manager of the subvention for CIE, is the same person who decides who gets licences?

Brevity please, Deputy Yates.

You got straight into action there, a Leas-Cheann Comhairle. We are getting on swimmingly.

I am worried that the Minister of State might not have time to answer you.

I will give the Minister of State every opportunity to do so. This issue is littered with good intentions but I want to know the precise timetable for action and the content of that action.

The Deputy asked when it is proposed to complete the review. I hope that within the next six months we will have produced a policy paper. It will then go to Government to consider the principles before proceeding to legislation. The Deputy is right; we are dealing with antiquated legislation going back to 1932, which was put in place for reasons that are no longer applicable. The protection of CIE was involved but that is certainly not appropriate today.

The Deputy's proposal for a regulator is excellent, but it is not new. As Deputy Yates said, this has been going on ad nauseam through different Administrations over the years. Deputy Stagg will know about the complexities of the matter, having dealt with it more recently than most. He had consultations with many people in an endeavour to move the matter forward. While he exhorted people to make written submissions, they have not yet come in from some of the main players. There has been a tendency to stand back from this. I agree with Deputy Yates that it is time to confront this matter and in accordance with our programme for Government, we propose to do so.

We have experience, as the Minister of State will be aware, of the Director of Telecommunications Regulation, Ms Étain Doyle, and the Independent Radio and Television Commission. Will the Minister agree that a commission with a ten person board, which could represent CIE and other different interests, would be a suitable vehicle to regulate this, particularly since local independent radio has worked well? Will he consider a new licensing authority rather than a regulator who is not answerable to anyone?

We will include that in our considerations in the course of the review.

As the time for Priority Questions has now concluded, Questions Nos. 70 and 71 will be taken in ordinary time.

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