Dáil Éireann Debate, Tuesday - 24 July 2018
2201. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport the impact of the privatisation of Dublin orbital routes on Dublin Bus and its workforce; and if he will make a statement on the matter. [33522/18]
Amharc ar fhreagraUnder the Dublin Transport Authority Act 2008 it is a statutory function of the National Transport Authority (NTA) to determine the appropriate mix of directly awarded and competitively tendered Public Service Obligation (PSO) bus services. In this, it is subject to both national and EU legislation.
It is incorrect to describe competitive tendering as privatisation as nothing is being sold, services are not being deregulated and control remains with the NTA. I attended the opening of Go-Ahead's new bus depot on July 9th which is the first step in its delivery of the 10% of the existing PSO bus network, which they were awarded after a competitive tendering process, by the National Transport Authority.
It has been the experience internationally that introducing some level of competitive tendering into PSO operations like this, usually results in a much better deal for passengers and for the public in general. It also encourages innovation and improvements to service quality.
The Labour Relations Commission (LRC) recommendation of May 2015, accepted by all parties at that time, set out that in the event Dublin Bus was unsuccessful in the tendering competition that workers’ rights would be protected and that the NTA would ensure these were built into the contract with the winning bidder.
It was also made clear at the LRC discussions that over a 2 to 3 year period there would be sufficient growth within Dublin Bus to absorb any drivers affected by the loss of tendered routes if Dublin Bus was unsuccessful in the competition. Due to this anticipated growth there will be no compulsory transfer of staff.
However, under the EC (Protection of Employees on Transfer of Undertakings) Regulations 2003 (known as "TUPE") Dublin Bus employees may choose to automatically become employees of any new operator on the same terms and conditions. Thus employees’ continuity of employment would be preserved, as would their terms and conditions of employment under their contracts of employment.
Existing PSO bus services have recently shown strong passenger growth for all operators, which has been accompanied by substantially improved Exchequer funding. I expect that further growth in PSO services will facilitate planned continued expansion and improvement of all PSO services.
