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CENTRAL GOVERNMENT

EU Commission On 8 October, the EU Commission sent reasoned opinions to 21 Member States including Ireland, regarding their failure to implement properly legislation called the “first railway package”. ‘Important issues remain to be solved for opening up the railway markets to competition’ and this follows a warning letter issued in June 2008. The Commission highlights shortcomings such as:

	The lack of independence of the infrastructure manager in relation to railway operators;
	Insufficient implementation of the provisions of the Directive on track access charging, such as the absence of a performance regime to improve the performance of the railway network, the lack of incentives for the infrastructure manager to reduce costs and charges and of tariff systems based on the direct costs of rail services;
	The failure to set up an independent regulatory body with the necessary powers to remedy competition problems in the railway sector.

EU Regulation (EC) No. 1371/2007 on rail passenger rights came into effect on 3 December. Its aim is to strengthen rail passengers' right to compensation when their luggage gets lost or damaged, set out compensation levels in the event of delays, guarantee disabled persons and persons with reduced mobility non-discriminatory access to trains and assistance, oblige Member States to ensure that passengers can lodge a complaint to an independent body, etc. Newspapers reported that the Government was granting IÉ a derogation on its implementation on domestic services. Some general provisions in the regulation such as guaranteeing disabled people access to trains and offering free assistance will be applied across the IÉ network and IÉ already has a delays compensation scheme in place. IÉ provides compensation of 50% of the ticket price for delays of between 1 and 2 hours and 100% for delays of more than 2 hours, compared with 25% and 50% under the EU regulation.

Programme for Government The ruling Fianna Fáil and Green parties agreed a ‘Renewed Programme for Government’ on 10 October. It notes:

On transport: ‘Having successfully focused on the delivery of major roads infrastructure in Transport 21 over the past five years, the emphasis in new projects will shift significantly to public transport. Following the completion of payments for the major motorways programme in 2011, the ratio of expenditure on new Transport 21 projects between public transport and the national roads programme will be 2:1 in favour of public transport.’

On rail: ‘Work will continue on the subsequent phases of the Western Rail Corridor and Navan projects for earliest possible delivery’.

On LUAS: ‘... Planning and design will continue on Metro West and the Bray, Lucan and Cross-city LUAS lines with a view to earliest possible delivery’.

‘We will fast track and prioritise the DART interconnector (and its associated electrification and rolling stock projects) and Metro North so that they are completed by 2016’.

On cycling: ‘We will reverse the CIÉ policy of excluding and limiting bicycle carrying capacity on interurban trains and buses and ensure all new train units have a more extensive bicycle carrying capacity’. ‘We will pursue the possibility of using former railway infrastructure as recreational trails for cycling, etc. in partnership with IÉ.’

Other items noted were: ‘We will introduce an allowance per tonne for rail freight by rail in line with climate change objectives’.

‘[We will] conduct a feasibility study on how a future high-speed rail system could link Dublin and Belfast to the emerging UK and European high speed rail network’.

December Budget Funding for the CIÉ group of companies is being cut by 9% in 2010. This is in addition to the cut of 10% in 2009. Service cuts are expected as a result.

National Transportation Authority In September, the Minister for Transport Mr Noel Dempsey appointed Mr John Fitzgerald, former Dublin City Manager, as Chairperson designate and Mr Gerry Murphy, formerly of the National Roads Authority, as Chief Executive Officer designate of the Dublin Transport Authority.

He also announced the renaming of the DTA as the National Transport Authority (NTA) given its proposed national focus in relation to commercial bus route licensing, future bus and rail subvention and the regulation of small public service vehicles. The NTA was established as a statutory body by the Minister for Transport on 1 December 2009.

The NTA will be responsible for preparing a strategic transport plan for the integrated development of transport infrastructure and services in the Greater Dublin Area (GDA). The NTA will have responsibility for the capital funding of all major public transport infrastructure projects planned for the GDA. It will contract for the provision of all bus and rail services and will also have responsibility for the allocation of subventions in respect of public transport services which are provided on a public service obligation basis.

Public transport infrastructure projects such as Metro North and the DART Underground will be implemented by the responsible transport agencies under the direction and supervision of the NTA. The NTA will be able to decide to implement projects itself if it judges it to be appropriate and will be able to give mandatory directions to the implementing agencies such as IÉ, RPA, etc. The Dublin Transportation Office was dissolved and its functions and staff transferred to the NTA. The Railway Procurement Agency will continue as it is for the present. However, the NTA will take over responsibility for the integrated ticketing project from the RPA and, in addition, will have ‘step-in powers’ in respect of light rail and metro projects being overseen by the RPA.

Dublin Bus, IÉ and Bus Éireann will continue to operate public transport services. However, they will do so on the basis of contracts entered into with the NTA in respect of the non-commercial services operated by for social and economic reasons. The legislation establishing the NTA provides for the establishment of a statutory Advisory Council on which transport users will be represented.

 

The remainder of this article appears in IRRS Journal number 171, published February 2010.