Committee Reports > List of Committees > Joint > 2002 > Committee on Public Enterprise and Transport > Annual Report of the Joint Committee on Public Enterprise and Transport, 2001

TITHE AN OIREACHTAIS

TUARASCÁIL BHLIANTÚIL

ón gComhchoiste um Fhiontair Phoiblí agus Iompar 2001 agus Clár Oibre 2002

ANNUAL REPORT

of the Joint Committee on Public Enterprise and Transport 2001 and Work Programme for 2002

TITHE AN OIREACHTAIS

TUARASCÁIL BHLIANTÚIL

ón gComhchoiste um Fhiontair Phoiblí agus Iompar agus Clár Oibre 2002

ANNUAL REPORT

of the Joint Committee on Public Enterprise and Transport 2001 and Work Programme 2002

Table of Contents

1. Content and Format of Report

This report has been prepared pursuant to paragraphs 3, 4, 5 and 6 of Standing Order 79A, Dáil Éireann, and paragraphs 3, 4, 5 and 6 of Standing Order 65, Seanad Éireann, which provides for Joint Committee reports and work programmes as follows-

•review of its procedure and its role

•annual work programme

•laying minutes of proceedings

•making an annual report.

At its meeting on 26 March 2002, the Joint Committee agreed that all these items be included in its annual report.

2. Functions and Powers of the Joint Committee

The Joint Committee on Public Enterprise and Transport was established by Order of Dáil Éireann of 13 November 1997 and Order of Seanad Éireann of 19 November 1997 as part of a programme of Oireachtas reform involving the refining of the Committee system to enable more detailed examination of Government Departments, including-

•public affairs administered by each Department

•legislation and expenditure proposals of each Department

•certain matters relating to bodies under the aegis of each Department.

The Orders of Reference of the Joint Committee were modified by further Orders of Dáil Éireann of 28 April 1998 (new subparagraph (2)(a)(iv) added) and Seanad Éireann of 30th April 1998 (new subparagraph (2)(a)(iv) added) and the Orders of Reference of the Joint Committee, as so modified, are set out at Appendix 1.

Further powers were accorded to the Joint Committee, by a resolution of Dáil Éireann of 2 July 1999 to amend Standing Order 78A of Dáil Standing Orders, enabling the Committee to consider and report to Dáil Éireann on such proposals for EU legislation as may be referred to it from time to time by any Committee established by Dáil Éireann (whether acting jointly with the Seanad or otherwise) to consider such proposals and upon which has been conferred the power to refer such proposals to another Select Committee@. A corresponding provision was made by way of amendment to Standing Order 65 of Standing Orders of Seanad Éireann on 30 June 1999.

A further modification was made on 14 February 2001 by the adoption of additional Standing Order 149 (Dáil Éireann) which provides a mechanism for the approval of international agreements involving a charge upon public funds and for the referral of such motions to the Select Committee for its consideration.

3. Chairman, Vice-Chairman, Convenors and Membership

Deputy Seán Doherty was elected as Chairman of the Joint Committee on 4 December 1997. Deputy Brendan Daly was elected as Vice-Chairman of the Joint Committee on 10 December 1997. The Chairman of the Joint Committee is also Chairman of the Dáil Select Committee.

Deputies Martin Brady and Austin Currie are the Convenors of the Committee whose function it is to ensure the availability and attendance of Members or their substitutes for meetings of the Committee and, in particular, to ensure Members’ availability for divisions.

The Committee welcomed the appointment of Deputy Pat Rabbitte with effect from 20 March 2001 replacing Deputy Emmet Stagg, Deputy David Stanton with effect from 29 March 2001 replacing Deputy Olivia Mitchell, and Senator Ernie Caffrey with effect from 24 May 2001 replacing Senator Fergus O’Dowd.

The Members of the Joint Committee are set out at Appendix 2.

4. Meetings, Attendance and Recording

Meetings of the Joint Committee took place in the Committee rooms in Kildare House and in Leinster House 2000. Meetings were in public unless otherwise ordered by the Joint Committee.

Televised coverage of public meetings of the Joint Committee was broadcast live within the Leinster House complex and was available for subsequent public broadcasting by RTÉ and TV3.

Verbatim written reports of public meetings of the Select Committee in relation to Bills and Estimates for the Public Services, Vote 32 - Public Enterprise, were published and may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2.

Copies of other reports published by the Joint Committee may be obtained from the Clerk, Joint Committee on Public Enterprise and Transport, Kildare House, Kildare Street, Dublin 2. A list of these reports are set out at Section 8.

5. Number and Duration of Meetings

The Joint Committee met on 18 occasions in the period under report. The number of hours discussion involved in these meetings was in the region of 15 hours. The date and subject matter of each meeting is set out at Appendix 3.

The Dáil Select Committee met on 4 occasions in the period under report and the number of hours discussion involved in these meetings was in excess of 11 hours. The date and subject matter of each meeting is set out at Appendix 4.

Records of attendance by Members and their duly nominated substitutes at meetings of the Joint Committee are set out at Appendix 5.

Records of attendance by Members of the Dáil Select Committee and their duly nominated substitutes at meetings of the Dáil Select Committee are set out at Appendix 6.

Minutes of proceedings of the Joint Committee meetings in public session are attached at Appendix 7.

6. Work of the Committee

6.1 Joint Committee

On the 18 occasions the Joint Committee met in 2001, it dealt with the following matters:

•Circumstances surrounding the award of Esat mobile licence

•Re-structuring in Aer Lingus

•ESB - review and future plans

•Sale of Whitegate Refinery and Whiddy Oil Terminal

•Nomination of members to, and terms of reference of, the Sub-Committee on the Mini-CTC Signalling Project

•Draft Electricity Regulation Act 1999 Order, 2001.

6.2 Dáil Select Committee

On the four occasions the Dáil Select Committee met in 2001, it dealt with the following matters:

•Aviation Regulation Bill, 2000

•2001 Revised Estimates for Public Services: Vote 32 - Public Enterprise

•Supplementary Estimate 2001: Vote 32 - Public Enterprise

•Air Navigation and Transport (Indemnities) Bill, 2000

•Transport (Railway Infrastructure) Bill, 2001.

7. Groups and Individuals attending before Committee

In the period under report, the Joint Committee met with the following:

•The Minister for Public Enterprise

•Civil Servants from the Departments of Public Enterprise

•2 State Sponsored Bodies (ESB, Aer Lingus)

•Irish National Petroleum Corporation Ltd.

8. Joint Committee Reports

During the year under report, the Joint Committee published the following report:-

•Report on discussions with (a) Department of Public Enterprise officials – 26 October 2000 and (b) Officials from CIÉ/Iarnród Éireann - 7 November 2000 on the Iarnród Éireann Mini-CTC Signalling Project

9. Work of Sub-Committees

The two Sub-Committees established by the Joint Committee in 2000 continued their work in 2001:-

(a)Sub-Committee on the River Shannon

The Sub-Committee on the River Shannon Authority, which was established on 2 May 2000 to consider issues relating to the Management of the River Shannon, continued with its work during 2001.

However, due to the extremely heavy workload of the Sub-Committee on the Mini-CTC Signalling Project on the ongoing inquiry associated with that [see 8(b) below], the work of the Sub-Committee on the River Shannon Authority was necessarily restricted and it met on only 2 occasions in 2001. Notwithstanding this, consideration of a draft final report continued, albeit at a slower pace than was anticipated, but it is hoped to publish its final report before Easter 2002. As reported under Section 11 below, a delegation representing the Sub-Committee visited Germany in 2001 to examine issues in relation to the management of the River Rhine. Findings from this visit will be included in the final report.

Details of its terms of reference, membership and meetings held are set out at Appendix 7.

(b)Sub-Committee on Iarnród Éireann Mini-CTC Signalling Project

The decision to set up the Sub-Committee on the Mini-CTC Signalling Project was taken by the Joint Committee following its two meetings on 26 October 2000 and 7 November 2000 when it examined the cost overrun against budget and the delay in completing the mini-CTC.

In early May, additional information coming to the attention of the Sub-Committee led it to seek an expansion of its Orders of Reference. Following the passing of motions by Dáil and Seanad Éireann on 24 May 2001, the Orders of Reference of the Sub-Committee were amended and fresh compellability powers were given on 14 June 2001 by the Joint Sub-Committee on Compellability of the Committee on Procedures and Privileges of Dáil and Seanad Éireann.

The amended Orders of Reference of the Sub-Committee require that “The circumstances surrounding the entering into and the performance of the Iarnród Éireann mini-CTC and Knockcroghery signalling projects and the Esat/CIÉ cabling and telecommunications project and related matters be inquired into and reported on by the Sub-Committee on the mini-CTC Signalling Project to the Joint Committee on Public Enterprise and Transport, taking into account progress already made on the matter by the Joint Committee and any Sub-Committee thereof.”

The Sub-Committee held a preliminary meeting on the 18 July 2001 and public hearings commenced on 10 September 2001. The Sub-Committee heard evidence for 16 days before an application to the High Court by the family of the late Mr Michael McDonnell, former Chief Executive of CIÉ and Chairman of Iarnród Éireann, resulted in judicial review of the inquiry being granted and a stay being imposed on the proceedings of the Sub-Committee with effect from 3 October 2001.

Following proceedings in the High Court and Supreme Court, which resulted in the lifting of the stay, the Sub-Committee recommenced hearings on 12 November 2001. On the 27 November, the Sub-Committee adjourned its hearings, with only two witnesses remaining to be cross-examined, because of the judgment in the judicial review case in the High Court entitled Maguire and Others vs Ardagh and Others, which relates to the work of the Sub-Committee on the Abbeylara Incident. Judgement on foot of an appeal to the Supreme Court has been reserved.

In total the Sub-Committee had 99 meetings, including 27 days of public hearings. It met for approximately 240 hours.

10. Work in Progress

The Committee agreed that a number of matters on the work programme could best be progressed by appointing rapporteurs as follows:-

a)Deputy Jim Higgins was appointed rapporteur to prepare a report for the Joint Committee’s consideration on the condition of the school bus fleet. This work is ongoing.

b)Deputy Dick Roche was appointed rapporteur to prepare a report for the Joint Committee’s consideration in relation to progress on the construction of Luas. This work is ongoing.

c)Deputy Richard Bruton was appointed rapporteur to prepare a report for the Joint Committee’s consideration on an evaluation of Dublin transport. The terms of reference are set out at Appendix 1. The report is expected to be published by the Joint Committee before Easter 2002.

11. Work Programme 2002

A copy of the Joint Committee’s work programme for 2002 is at Appendix 10.

12. Travel

A delegation from the Joint Committee visited Paris, Lyon and Montpelier from 23 to 28 July 2001 to examine at first hand issues in relation to the construction and management of light rail systems in the context of the construction of Luas. The delegation comprised of Deputies Sean Doherty, Dick Roche, Austin Currie and Martin Brady. The delegation met with representatives of the various local railways authorities.

A delegation from the Sub-Committee on the River Shannon Authority travelled to Germany from 29 July to 3 August 2001 to gain some insight into various aspects of the management of the River Rhine in the context of its examination of the proposed establishment of an authority for the management of the River Shannon. The delegation, which comprised Deputies Sean Doherty and Donal Carey and Senator Peter Callanan, met with the Environment Ministry of Baden-Wuerttemberg, the Flooding Authority in Karlsruhe, the Water Authority, the Chairman of the Environment Committee of the Baden-Wuerrtemberg Landtag (Parliament of the Federal State) and officials from the Rhine Harbour administration.

13. Procedures and Role

The Committee is satisfied with its present procedures and role following the modification of its Orders of Reference in 1998, 1999 and 2001.

Seán Doherty, T.D.

Chairman of the Joint Committee

26 March 2002

APPENDICES

APPENDIX 1

Orders of Reference

Dáil Éireann

13 November 1997 (*28 April 1998)(**2 July 2000) (***14 February 2001)

(1) (a)That a Select Committee, which shall be called the Select Committee on Public Enterprise and Transport, consisting of 14 members of Dáil Éireann (of whom 4 shall constitute a quorum), be appointed to consider such

(i)Bills the statute law in respect of which is dealt with by the Department of Public Enterprise, and

(ii)Estimates for Public Services within the aegis of that Department, and

(iii)such proposals for EU legislation as may be referred to it from time to time by any Committee established by Dáil Éireann (whether acting jointly with the Seanad or otherwise) to consider such proposals and upon which has been conferred the power to refer such proposals to another Select Committee; **

(iv)proposals contained in any motion, including any motion within the meaning of StandingOrder 149 (A) concerning the approval by the Dáil of international agreements involving a charge on public funds as shall be referred to it by Dáil Éireann from time to time ***

as shall be referred to it by Dáil Éireann from time to time.

(b)For the purpose of its consideration of Bills under paragraph (1)(a)(i), the Select Committee shall have the powers defined in Standing Order 78A(1), (2) and (3).

(c)For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 84(1), the Minister for Public Enterprise (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote.

(2) (a)The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on Public Enterprise and Transport to considerB

(i)such public affairs administered by the Department of Public Enterprise as it may select, including bodies under the aegis of that Department in respect of Government policy,

(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,

(iii)the strategy statement laid before each House of the Oireachtas by the Minister iî charge of that Department pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act,

*(iv)such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in operational results, statements of strategy and corporate plans of these bodies, as it may select

Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.

Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and

(iv)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,

and shall report thereon to both Houses of the Oireachtas.

(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.

(c)The Joint Committee shall have the powers defined in Standing Order 78A(1) to (9) inclusive.

(3)The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be Chairman of the Select Committee.

Orders of Reference

Seanad Éireann

19 November 1997 (*30 April 1998)

(1) (a)That a Select Committee consisting of 5 members of Seanad Éireann shall be appointed to be joined with a Select Committee of Dáil Éireann to form the Joint Committee on Public Enterprise and Transport to consider-

(i)such public affairs administered by the Department of Public Enterprise as it may select, including bodies under the aegis of that Department in respect of Government policy,

(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,

(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act,

*(iv)such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 1(a)(i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.

Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.

Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and

(v)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas, and shall report thereon to both Houses of the Oireachtas.

(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.

(c)The Joint Committee shall have the powers defined in Standing Order 62A(1) to (9) inclusive.

(2)The Chairman of the Joint Committee shall be a member of Dáil Éireann.

APPENDIX 2

Members of the Joint Committee

APPENDIX 3

Meetings of the Joint Committee

APPENDIX 4

Meetings of the Dáil Select Committee

APPENDIX 5

Attendance - Joint Committee Public Enterprise and Transport

A Apologies

* Substitute attended all or part of a meeting

^~ Deputy David Stanton appointed in substitution for Deputy Olivia Mitchell on 29/3/2001.

^{^} Deputy Pat Rabbitte appointed in substitution for Deputy Emmet Stagg on 22/3/01

Attendance - Joint Committee Public Enterprise and Transport (Contd.)

A Apologies

* Substitute attended all or part of a meeting

^~ Deputy David Stanton appointed in substitution for Deputy Olivia Mitchell on 29/3/2001.

^{^} Deputy Pat Rabbitte appointed in substitution for Deputy Emmet Stagg on 22/3/01

Attendance - Joint Committee Public Enterprise and Transport (Contd.)

A Apologies

* Substitute attended all or part of a meeting

^~ Deputy David Stanton appointed in substitution for Deputy Olivia Mitchell on 29/3/2001.

^{^} Deputy Pat Rabbitte appointed in substitution for Deputy Emmet Stagg on 22/3/01

Attendance - Joint Committee Public Enterprise and Transport (Contd.)

A Apologies

* Substitute attended all or part of a meeting

^~ Deputy David Stanton appointed in substitution for Deputy Olivia Mitchell on 29/3/2001.

^{^} Deputy Pat Rabbitte appointed in substitution for Deputy Emmet Stagg on 22/3/01

APPENDIX 6

Attendance - Select Committee Public Enterprise and Transport

A Apologies

* Substitute attended all or part of a meeting

^~ Deputy David Stanton appointed in substitution for Deputy Olivia Mitchell on 29/3/2001.

^{^} Deputy Rabbitte appointed in substitution for Deputy Emmet Stagg on 22/3/01

APPENDIX 7

Sub-Committee on the River Shannon Authority

(a) Revised Order establishing Sub-Committee

Ordered on 4 May 2000:-

1.“That-

(a)a Sub-Committee (to be called the Sub-Committee on the River Shannon Authority) be established to consider issues relating to the management of the River Shannon and report to the Joint Committee thereon;

(b)the Sub-Committee shall consist of 6 Members of whom 5 shall be Members of Dáil Éireann and 1 shall be a Member of Seanad Éireann;

(c)the quorum of the Sub-Committee shall be three, of whom at least 1 shall be a Member of Dáil Éireann and 1 a Member of Seanad Éireann;

(d)in relation to the matter specifically referred to it in paragraph (a) above, the Sub-Committee shall have only those functions of the Joint Committee which are set out in sub-paragraphs (2)(a)(i) and (ii) (Dáil) and in sub-paragraphs (1)(a)(i) and (ii) (Seanad) of the Joint Committee’s Orders of Reference1; and

(e)the sub-Committee shall have all the powers of the main Committee, namely, those contained in Standing Order 78A(1), (2) and (4) to (9) (Dáil) and in Standing Order 65 (1), (2) and (4) to (9) (Seanad)2: provided that the powers to print and publish evidence, to travel and to engage consultants shall, in each case, be subject to the approval of the Joint Committee.“.

APPENDIX 7 (contd.)

Sub-Committee on the River Shannon Authority

(b) List of Members

APPENDIX 7 (contd.)

(c) Attendance at Meetings of the Sub-Committee on the River Shannon Authority

* Indicates Member was represented by a substitute

(1)Deputy Willie Penrose was appointed as a substitute for Deputy Emmet Stagg for the duration of the Sub-Committee.

(2)Deputy Paul Connaughton attended the meeting of 28/03/01

(3)Deputy Emmet Stagg was discharged from the Joint Committee and Deputy Rabbitte appointed in substitution for him on 22 March 2001

APPENDIX 8

Sub-Committee on the Mini-CTC Signalling Project

(a) Orders of Reference

Ordered on 3 July 2001

That:-

a)The circumstances, surrounding the entering into and performance of the Iarnród Éireann Mini-CTC and Knockcroghery signalling projects and the Esat/CIÉ cabling and telecommunications project and related matters be inquired into and reported on by the Sub-Committee on the Mini-CTC Signalling Project to the Joint Committee on Public Enterprise and Transport, taking into account progress already made on the matter by the Joint Committee and any Sub-Committees thereof;

b)the sub-Committee shall consist of 6 Members of Dáil Éireann;

c)the quorum of the Sub-Committee shall be three;

d)the sub-Committee shall have the powers of the main Committee as contained in Standing Order 78A(1), (2) and (4) to (9) (Dáil) and in Standing Order 65 (1), (2) and (4) to (9) (Seanad).”.

e)Without prejudice to (a) above, the Sub-Committee shall have the power, pursuant to Standing Order 78A (3) (Dáil) and Standing Order 65 (3) (Seanad), to report directly to the Dáil and Seanad on this matter and, pursuant to Standing Order 79A (1) Dáil and Standing Order 69 (1) (Seanad), to print and publish any such report or reports, together with any documents relating thereto.

APPENDIX 8 (contd.)

Sub-Committee on the Mini-CTC Signalling Project

(b) List of Members:

Note: Revised order of the Joint Committee on 8 March 2001 reduced membership from 8 to 6, on which date Deputy Dick Roche and Senator Shane Ross withdrew from the Sub-Committee

APPENDIX 8 (contd.)

(c) Attendance at Meetings of the Sub-Committee on the Mini-CTC Signalling Project

Note: Revised order of the Joint Committee on 8 March 2001 reduced membership from 8 to 6, on which date, Deputy Dick Roche and Senator Shane Ross withdrew from the Sub-Committee.

* Deputy Pat Rabbitte replaced Deputy Emmet Stagg on 22 March 2001.

APPENDIX 8 (contd.)

(c)Attendance at Meetings of the Sub-Committee on the Mini-CTC Signalling Project (contd.)

Note: Revised order of the Joint Committee on 8 March 2001 reduced membership from 8 to 6, on which date, Deputy Dick Roche and Senator Shane Ross withdrew from the Sub-Committee.

* Deputy Pat Rabbitte replaced Deputy Emmet Stagg on 22 March 2001.

APPENDIX 8 (contd.)

(c)Attendance at Meetings of the Sub-Committee on the Mini-CTC Signalling Project (contd.)

Note: Revised order of the Joint Committee on 8 March 2001 reduced membership from 8 to 6, on which date, Deputy Dick Roche and Senator Shane Ross withdrew from the Sub-Committee.

* Deputy Pat Rabbitte replaced Deputy Emmet Stagg on 22 March 2001.

APPENDIX 8 (contd.)

(c)Attendance at Meetings of the Sub-Committee on the Mini-CTC Signalling Project (contd.)

Note: Revised order of the Joint Committee on 8 March 2001 reduced membership from 8 to 6, on which date, Deputy Dick Roche and Senator Shane Ross withdrew from the Sub-Committee.

* Deputy Pat Rabbitte replaced Deputy Emmet Stagg on 22 March 2001.

APPENDIX 8 (contd.)

(c)Attendance at Meetings of the Sub-Committee on the Mini-CTC Signalling Project (contd.)

Note: Revised order of the Joint Committee on 8 March 2001 reduced membership from 8 to 6, on which date, Deputy Dick Roche and Senator Shane Ross withdrew from the Sub-Committee.

* Deputy Pat Rabbitte replaced Deputy Emmet Stagg on 22 March 2001.

APPENDIX 8 (contd.)

(c)Attendance at Meetings of the Sub-Committee on the Mini-CTC Signalling Project (contd.)

Note: Revised order of the Joint Committee on 8 March 2001 reduced membership from 8 to 6, on which date, Deputy Dick Roche and Senator Shane Ross withdrew from the Sub-Committee.

* Deputy Pat Rabbitte replaced Deputy Emmet Stagg on 22 March 2001.

APPENDIX 8 (contd.)

(c)Attendance at Meetings of the Sub-Committee on the Mini-CTC Signalling Project (contd.)

Note: Revised order of the Joint Committee on 8 March 2001 reduced membership from 8 to 6, on which date, Deputy Dick Roche and Senator Shane Ross withdrew from the Sub-Committee.

* Deputy Pat Rabbitte replaced Deputy Emmet Stagg on 22 March 2001.

APPENDIX 9

Minutes of Joint Committee Meetings on Public Enterprise and Transport 2001

Proceedings of the Joint Committee

Thursday, 22 February 2001

1.The Joint Committee met in private session at 2.30 p.m. and in public session from 2.35 p.m. in Room G2, Kildare House, Kildare Street, Dublin2.

2.Attendance

The following members were in attendance:-

Deputies Brendan Daly (in the Chair), Liam Aylward, Richard Bruton, Austin Currie, Jim Higgins, Noel O’Flynn, Dick Roche, John Moloney (in substitution for Martin Brady) and Senators Peter Callanan and John Cregan.

Apologies were received from Deputy Sean Doherty.

3.Draft Annual Report 1999/2000 and Draft Work Programme 2002

Consideration of the Draft Annual Report was postponed until the next meeting to give members an opportunity to read the report.

With regard to the Work Programme for 2001, there was a general consensus that there should be a twin parallel approach with (a) a number of semi-State companies being called to account for their stewardship and (b) 3/4 priority areas involving a number of major projects/issues which could be given particular attention. In the latter regard, progress on the construction of Luas, a single ticketing system in public transport in the DTO area, transport management and rolling-out of programmes, roll-out of cables, energy supply problems and the condition of the school bus fleet were put forward as possible items for examination. In relation to semi-State companies, it was agreed that Bord Gáis should be the first company to be called in.

4.Forum on Air Transport in Europe’s Remote Regions

It as agreed that a delegation from the Joint Committee should attend this forum in Jersey from 4-6 April next

5.Correspondence

The following items of correspondence which were circulated were considered, noted and decided on as appropriate:-

follows:-

(a)Letter dated 29 January from Deputy Liam Lawlor, tendering his resignation from the Committee and expressing his appreciation to the Committee and for its work, was noted;

(b)Letter dated 30 January 2001 from Deputy Noel O’Flynn regarding a proposal that a delegation from the Committee consider a visit to the Committee’s counterparts in the Northern Ireland Assembly - it was agreed that this should be explored and progressed;

(c)Supreme Court judgement regarding the question of recognition of Irish Locomotive Drivers’ Association (ILDA) - this was noted;

(d)Letter dated 9 February 2001 from Deputy Jim Higgins enclosing correspondence from Mr Pat Doherty, MLA, Northern Ireland Assembly, in relation to a proposal for a North-West rail link - it was noted that the Chairman indicated that he proposed to speak to the Party Leaders on this matter;

(e)Letter dated 19 February 2001 from Deputy Noel O’Flynn regarding acceptance of gifts and incentives by staff in semi-State bodies from suppliers

-it was agreed to write to each of the semi-State companies under the aegis of the Joint Committee to inquire whether a code of ethics is in place in relation to this issue;

(f)A letter dated 19 February 2001 from Deputy Noel O’Flynn regarding service charges being imposed by Chorus, the cable TV company - it was agreed to write to the Director of Telecommunications Regulation to find out the position in relation to such fees;(g) A letter dated 8 January 2001 from Deputy Dick Roche regarding DART service to Greystones - it was agreed that this would be raised in due course in the context of transport management issues.

6.Adjournment

The Joint Committee adjourned at 3.14 p.m. until 2.30 p.m. on Thursday, 8 March 2001.

Sean Doherty

Chairman

8 March 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Thursday, 8 March 2001

1.The Joint Committee met in Private Session at 2.30 p.m. in Committee Room 3, LH 2000, Leinster House, Dublin 2

2.Attendance

Deputies: Sean Doherty (Chairman), Liam Aylward, Martin Brady, Richard Bruton, Donal Carey, Austin Currie, Brendan Daly, Jim Higgins, Noel O’Flynn, Trevor Sargent and Pat Rabbitte (in substitution for Emmet Stagg).

Senators: Peter Callanan and Ann Leonard (in substitution for John Cregan) Fergus O’ Dowd and Shane Ross.

Apologies from Deputies Olivia Mitchell and Dick Roche.

[Private Session]

3.Minutes

4.Forum on Air Transport in Remote Regions in Jersey, 4-6 April 2001

5.Draft Annual Report 1999/2000 and Draft Annual Work Programme 2001

6.Sub-Committee on Mini-CTC Signalling Project

7.Correspondence

8.Adjournment

The Joint Committee adjourned at 3.40 p.m. until 2.30 p.m. on Thursday, 14 March 2001.

Sean Doherty, T.D.

Chairman

15 March 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Thursday, 15 March 2001

1.The Joint Committee met in Private Session at 2.34 p.m. in Committee Room 3, LH 2000, Leinster House, Dublin 2

2.Attendance

Deputies: Sean Doherty (Chairman), Liam Aylward, Martin Brady, Richard Bruton, Donal Carey, Austin Currie, John Ellis (in substitution for Brendan Daly) Jim Higgins, Sean Power, Noel O’Flynn, Dick Roche, Trevor Sargent, Pat Rabbitte (in substitution For Emmet Stagg,

Senators: Peter Callanan and Camillus Glynn (in substitution for John Cregan), Mick Lanigan (in substitution for Liam Fitzgerald), Shane Ross.

Private Session

3.Minutes

4.Sub-Committee on Mini CTC Signalling Project

5.Correspondence

6.Adjournment

The Joint Committee adjourned at 3.33 p.m. until Thursday, 29 March at a time to be arranged.

Sean Doherty, T.D.

Chairman

29 March 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

29 March 2001

1.The Joint Committee met in Public Session at 12 p.m. in Committee Room 3, LH 2000, Leinster House, Dublin 2

2.Attendance

Deputies: Sean Doherty (Chairman), Johnny Brady (in substitution for Liam Aylward) Martin Brady, Austin Currie, Brendan Daly, Jim Higgins, Sean Power, Dick Roche, Trevor Sargent, Pat Rabbitte

Senators: Peter Callanan and John Cregan.

3.Minutes

The minutes of the meeting of 15 March 2001 were agreed.

4.Correspondence from Deputy Sargent.

A letter dated 23 March 2001 from Deputy Trevor Sargent in relation to the justification or otherwise of plans to construct a new runway at Dublin Airport was circulated. Following discussion, it was agreed to request a written submission from Portmarnock Community Association in the first instance, following which the matter would be further considered at a future meeting to which Aer Rianta and Portmarnock Community Association would be invited.

5.Private Session

The Joint Committee went into private session at 12.04 p.m.

6.Correspondence

7.Adjournment

The Joint Committee adjourned at 12.48 p.m. until Wednesday, 11 April 2001 at a time to be confirmed.

Sean Doherty, T.D.

Chairman

11 April 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Tuesday, 24 April 2001

(1)The Joint Committee met in Public Session at 12.06 p.m. in Committee Room 2 LH2000, Leinster House, Kildare Street, Dublin

(2)Attendance

Deputies: Austin Currie, Seán Doherty, Jim Higgins, Cecilia Keaveney (in substitution for Deputy Liam Aylward), Noel O’Flynn and Pat Rabbitte.

Senators: Peter Callanan, John Cregan, Willie Farrell (in substitution for Liam Fitzgerald) and Fergus O’Dowd.

(3)Appointment of new member to Sub Committee on Mini-CTC Signalling Project.

The Joint Committee agreed to the nomination of Deputy Martin Brady to the Sub-Committee on the Mini-CTC Signalling Project in place of Deputy Dick Roche who had stepped down from the Sub-Committee.

(4)Revised Terms of Reference of the Sub Committee on the Mini-CTC Signalling Project

The Joint Committee agreed to the inclusion of the words “and related matters” in the Orders of Reference of the Sub-Committee on the Mini CTC Signaling Project. The revised Orders of Reference are attached.

(5)Adjournment

The Joint Committee meeting adjourned at 12.08 p.m. sine die.

_______________

Seán Doherty, T.D.

Chairman

3 May 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Thursday, 3 May 2001

1.The Joint Committee met in Public Session at 12.08 p.m. and in private session at 12.09 p.m. in Committee Room 4, LH2000, Leinster House, Kildare Street, Dublin 2.

2.Attendance

The following members were in attendance:-

Deputies: Sean Doherty (Chairman), Liam Aylward, Martin Brady, Austin Currie, Jim Higgins, Sean Power, Noel O’Flynn and Pat Rabbitte.

Senators: John Cregan and Liam Fitzgerald.

Apologies were received from Deputy Trevor Sargent.

3.Minutes of previous meeting

The minutes of the meeting of 24 April 2001 were agreed.

Private Session

4.Update from Sub-Committee on the Mini-CTC Signalling Project

5.Adjournment

The Joint Committee adjourned at 12.11 p.m. until Wednesday, 9 May 2001.

_______________

Seán Doherty, T.D.

Chairman

16 May 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Wednesday, 9 May 2001

1.The Joint Committee met in public session at 4.20 p.m. in Committee Room 4, LH 2000, Leinster House, Kildare Street, Dublin 2.

2.Attendance:

The following members were in attendance:

Deputies: Martin Brady, Austin Currie, Seán Doherty (in the chair), Sean Power, Noel O’Flynn and Pat Rabbitte

Senators: Peter Callanan.

Apologies were received from Deputy David Stanton.

3.Interim Report from the Sub-Committee on the Mini-CTC Signalling Project

The meeting was informed that more time was required to examine other issues in relation to the terms of reference of the Sub-Committee on the Mini-CTC Signalling Project and that consideration of the interim report should be postponed on that basis. The Joint Committee agreed to this course of action.

4.Adjournment

The Joint Committee adjourned at 4.21 p.m. sine die.

________________

Sean Doherty, T.D.

Chairman

16 May 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Wednesday, 16 May 2001

1.The Joint Committee met in public session at 4.06 p.m in Committee Room 4, LH 2000, Leinster House and agreed to into private session.

1.Attendance:

Deputies: Seán Doherty [Chairman] Liam Aylward, Martin Brady, Austin Currie, David Stanton, Noel O’Flynn and Emmet Stagg (in substitution for Pat Rabbitte)

Senators: Peter Callanan and John Cregan

2.Minutes of previous meetings

The minutes of the meetings of 3 May 2001 and 9 May 2001 were agreed.

3.Interim Report from Sub-Committee on the Mini CTC Signalling Project

The Interim Report dated 8 May 2001 from the Sub-Committee on the Mini CTC Signalling Project in relation to changes required in its Order of Reference and in legislation was noted and agreed by the Joint Committee.

4.Proposed changes to Orders of Reference

The Joint Committee noted changes to the Order of Reference which were suggested by the Sub-Committee on the Mini CTC Signalling Project. Following discussion, subject to the words “inquired into” being substituted for “examined”, the motion as follows were agreed:-

“That the circumstances, considerations and motives surrounding the entering into and performance of the Iarnród Éireann Mini CTC and Knockcroghery signalling projects and the Esat/CIÉ cabling and Telecommunications project and all related matters be fully inquired into and reported on by the Joint Committee on Public Enterprise and Transport to both Houses of the Oireachtas, taking into account progress already made on the matter by the Joint Committee and any Sub- Committee thereof; and that a Sub-Committee established by the Joint Committee, to which the aforementioned matters are referred, shall have the power to send for persons, papers and records.”

The Committee agreed that the Chairman could speak with the Government Whip with a view to getting the motion passed as a matter of urgency.

5.Adjournment.

The Joint Committee adjourned at 4.13 p.m. sine die.

________________

Sean Doherty, T.D.

Chairman

23 May 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Wednesday, 23 May 2001

1.The Joint Committee met in public session at 4.08 p.m in Committee Room 2, LH 2000, Leinster House and agreed to into private session at 4.09 p.m.

2.Attendance:

Deputies: Seán Doherty [Chairman] Liam Aylward, Martin Brady, Richard Bruton, Donal Carey, Austin Currie, Jim Higgins, David Stanton, Noel O’Flynn, Pat Rabbitte;

Senators: Peter Callanan and John Cregan

3.Minutes of previous meetings

The minutes of the meeting of 16 May 2001 were agreed.

4.Orders Of Reference of the Joint Committee

5.Correspondence

6.Work Programme

7.Adjournment.

The Joint Committee adjourned at 4.30 p.m. until 5 p.m. on Tuesday, 29 May 2001.

________________

Sean Doherty, T.D.

Chairman

29 May 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Tuesday, 29 May 2001

1.The Joint Committee met in public session at 5.09 p.m. in Committee Room 4, LH 2000, Leinster House and agreed to go into private session at 5.12 p.m until 5.15 p.m.

2.Attendance:

Deputies: Seán Doherty [Chairman], Martin Brady, Austin Currie, Jim Higgins, Noel O’Flynn, Dick Roche, Trevor Sargent and Pat Rabbitte;

Senator: Peter Callanan;

Apologies were received from Deputy Richard Bruton.

Public Session

3.Minutes of Previous Meeting

The minutes of the meeting of 23 May 2001 were agreed.

4.Revised Orders of Reference for the Sub-Committee on the Mini CTCSignalling Project

Following the passing of Orders in the Dáil and Seanad on 24 May 2001 in relation to the Iarnród Éireann Mini CTC and Knockcroghery signalling projects and the Esat/CIÉ cabling and telecommunication project and related matters, the Joint Committee agreed revised Orders of Reference for the Sub-Committee on the Mini CTC Signallng Project as set out in the Appendix to these minutes.

Private Session

5.The Committee went into private session at 5.12 p.m until 5.15 p.m.

Public Session

6.Sale of Whitegate Refinery and Whiddy Oil Terminal

The Joint Committee considered a letter dated 28 May 2001 from Deputy Jim Higgins requesting that issues arising from the sale of Whitegate Refinery and Whiddy Oil Terminal be examined by the Joint Committee. It was agreed to invite the Irish National Petroleum Corporation and officials from the Department of Public Enterprise to the meeting on 13 June to discuss the matter.

7.Future Programme

The Joint Committee agreed:

(a)to invite in ESB to the meeting on 13 June as they were unable to attend on 29 May;

(b)that Deputy Jim Higgins be appointed rappatoeur on the question of the condition of the school bus fleet and, in this context, to produce a short report/terms of reference on the issue for the next meeting;

(c)that Deputy Dick Roche be appointed rappatoeur to produce a short report for the next meeting in relation to progress on the construction of Luas.

8.Adjournment.

The Joint Committee adjourned at 5.36 p.m. until 4 p.m. on Wednesday, 13^{June 2001.}

_________________

Brendan Daly, T.D.

Vice-Chairman

13 June 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Wednesday, 13 June 2001

1.The Joint Committee met in Public Session at 4 p.m. in Committee Room G2, Kildare House, Dublin 2

2.Attendance:

Deputies: Brendan Daly [in the Chair] Liam Aylward, Martin Brady, Richard Bruton, David Stanton, Noel O’Flynn, Dick Roche and Emmet Stagg [in substitute for Pat Rabbitte]

Senators: Peter Callanan, John Cregan and Liam Fitzgerald.

Other members attending: Deputy Michael Ahern.

Apologies were received from Deputy Jim Higgins.

3.Minutes of previous meetings and matters arising

The minutes of the meeting of 29 May 2001 were agreed. In the absence of Deputies Higgins and Roche, it was agreed to postpone discussion on (a) the condition of the school bus fleet and (b) progress on the construction of Luas to a later meeting.

4.Sale of Whitegate Refinery and Whiddy Oil Terminal

At the request of the Joint Committee, officials from the Department of Public Enterprise and the Irish National Petroleum Corporation (INPC) attended to address and explain the proposed sale of Whitegate Refinery and Whiddy Island Oil Terminal to the Tosco Corporation. Mr. Brendan Tuohy, Secretary General, made an opening statement. There followed a questions and answers session with members, at which Mr. Martin Brennan, Assistant Secretary, and Mr. Paul Tuite, Special Adviser, Department of Public Enterprise and Mr. Ed O’Connell, Chairman and Mr. Paddy Power, Chief Executive, INPC. also contributed. Ms. Mary Austin, Principal Officer, and Mr. Dennis Murphy, Assistant Principal, Department of Public Enterprise also attended.

5.Suspension of meeting

Due to divisions in the Dáil, the meeting was suspended at 4.23 p.m. to 4.43 p.m. and from 5.23 p.m. to 5.43 p.m.

6.Adjournment.

The Joint Committee adjourned at 6.04 p.m. until 4 p.m. on Wednesday, 27 June 2001.

_________________

Sean Doherty, T.D.

Chairman

27 June 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Wednesday, 27 June 2001

1.The Joint Committee met in Public Session at 4.06 p.m.in Committee Room 3, LH 2000, Leinster House, Dublin 2.

2.Attendance:

Deputies: Seán Doherty [in the Chair] Liam Aylward, Martin Brady, David Stanton, Dick Roche and Emmet Stagg [in substitute for Pat Rabbitte]

Senators: Peter Callanan,

Other members attending: Deputies Johnny Brady and Seán Ardagh

Apologies were received from Deputy Richard Bruton.

3.Meeting with ESB

Mr. O’Hara made an oral presentation to the Committee outlining the challenges facing ESB and electricity industry in Ireland, including the change for a strictly public policy structure to an open competitive market and the rate of growth in the economy and in electricity demand. This was followed by a question and answer session with the members with input from many of the representatives from ESB.

The ESB undertook to provide information in relation to an alleged cancer cluster in the vicinity of Carrick-on-Shannon 110kv substation.

4.Minutes of previous meeting

The minutes of the meeting of 13 June 2001 were agreed. On matters arising, the Joint Committee agreed:-

(a)Payment of a rapporteur allowance of £1,500 to Deputy Jim Higgins on completion of his report on the condition of the school bus fleet; and

(b)Payment of a rapporteur allowance of £1,500 to Deputy Dick Roche on completion of his report in relation to progress on the construction of Luas.

5.Draft terms of reference for Study on the evaluation of Dublin Transport Policy

Draft terms of reference, drawn up by Deputy Richard Bruton, in relation to a study to be undertaken for an evaluation of Dublin Transport Policy were agreed by the Joint Committee (see appendix). It was also agreed that a rapporteur allowance of £2,000 be paid to Deputy Bruton on completion of the study.

6.Adjournment.

The Joint Committee adjourned at 6 p.m. sine die.

_________________

Sean Doherty, T.D.

Chairman

12 July 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Tuesday, 3 July 2001

1.The Joint Committee met in Private Session at 4.13 p.m. in Committee Room 1, LH 2000, Leinster House, Dublin 2.

2.Attendance:

Deputies: Seán Doherty [in the Chair] Martin Brady, Donal Carey, Austin Currie, Jim Higgins, Noel O’Flynn, Pat Rabbitte;

Senators: Peter Callanan, Jim Glennon (in substitution for John Cregan) and Liam Fitzgerald.

Apologies were received from Deputy Sean Power.

3.Amendment to the Orders of Reference of the Sub-Committee on the Mini CTC Signalling Project

4.Correspondence

5.Adjournment

The Joint Committee adjourned at 4.21 p.m. sine die.

_________________

Sean Doherty, T.D.

Chairman

12 July 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Thursday, 12 July 2001

1.The Joint Committee met in private session at 12.50 p.m. in Committee Room 3, LH 2000, Leinster House, Dublin 2.

2.Attendance:

The following members were in attendance:-

Deputies: Liam Aylward, Martin Brady [in the Chair], Donal Carey, Austin Currie, Jim Higgins, Pat Rabbitte;

Senators: Peter Callanan, John Cregan, Camillus Glynn [in substitute for Liam Fitzgerald.] and Ernie Caffrey.

Apologies were received from Deputies Sean Doherty and Sean Power.

3.Transcripts of meetings of 26 October 2000 and 7 November 2000

The draft Report on discussions with (a) Department of Public Enterprise officials – 26 October 2000 and (b) Officials from CIÉ/Iarnród Éireann - 7 November 2000 on the Iarnród Éireann Mini-CTC Signalling Project was considered by the Joint Committee. The Joint Committee agreed to the draft report and to publish it by laying it before both Houses of the Oireachtas. The Joint Committee noted that the Sub-Committee on the Mini-CTC Signalling Project intended to append the report to the opening statement of the Chairman of the Sub-Committee on 18 July 2001 which would commence the public aspect of its inquiry into the mini-CTC signalling project.

4.Adjournment

The Joint Committee adjourned at 12.52 p.m. sine die.

________________

Sean Doherty, T.D.

Chairman

12 July 2001

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Wednesday, 14 November 2001

1.The Joint Committee met in public session at 5 p.m. in Committee Room 3, LH 2000, Leinster House. The Joint Committee agreed to go into private session from 6.31 p.m. to 6.44 p.m. during its discussion on item 4 below.

2.Attendance

The following members were present:-

Deputies: Seán Doherty [in the Chair], Liam Aylward, Martin Brady, Richard Bruton, Brendan Daly, Jim Higgins, Sean Power, Dick Roche, David Stanton;

Senators: Peter Callanan, Jim Glennon (in substitution for John Cregan).

3.Draft Electricity Regulation Act, 1999 (Eligible Customer) Order, 2001

The draft Order was referred to the Joint Committee by the Dáil and Seanad fro consideration. The Minister for Public Enterprise made an opening statement and explained the background to the draft Order which related to the liberalisation of the electricity market in Ireland. A question and answer session with members followed.

On conclusion of the discussion, the Joint Committee agreed that it would report back to the Houses, in accordance with Standing Orders, that it had concluded its consideration of the draft Order.

4.Crisis in Aer Lingus

Correspondence from Deputy Richard Bruton in relation to the crisis facing Aer Lingus because of concern about its future viability and the proposed restructuring plan was discussed. Deputy Bruton was proposing that the key players, notably, Aer Lingus management, unions and Department of Public Enterprise be invited in before the Committee to discuss the position. The Committee, aware of the sensitivities involved in the negotiations that were already taking place between management and unions, deliberated in part in private session. In conclusion, it agreed to invite in the Secretary General of the Department of Public Enterprise to discuss the matter. It also agreed to write to the management of Aer Lingus and the unions to ascertain their attitude to coming before the Committee.

4.Adjournment

The Joint Committee adjourned at 6.59 p.m. until Wednesday, 21 November 2001.

Sean Doherty, T.D.

Chairman

26 March 2002

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Wednesday, 21 November 2001

1.The Joint Committee met in public session at 5.03 p.m. in Committee Room 3, LH 2000, Leinster House. The meeting was suspended from 5.17 p.m. until 5.37 p.m. due to a division in the Dáil.

2.Attendance

The following members were present:-

Deputies: Dick Roche [in the Chair], Liam Aylward, Sean Haughey (in substitution for Martin Brady), Richard Bruton, Michael Collins (in substitution for Brendan Daly), Nora Owen (in substitution for Jim Higgins), David Stanton, Trevor Sargent, Emmet Stagg (in substitution for Pat Rabbitte);

Senators: Peter Callanan, Jim Glennon (in substitution for John Cregan) and Liam Fitzgerald.

Deputy Tony Killeen was also in attendance.

3.Crisis in Aer Lingus

Mr Brendan Tuohy, Secretary General of the Department of Public Enterprise and Transport, Mr John Lumsden, Assistant Secretary, and Ms Doreen Keaney, Principal Officer attended the meeting in response to the Joint Committee’s request the previous week. Mr Tuohy outlined the position in relation to the grave financial situation in Aer Lingus, the survival plan, the discussions at the Labour Relations Commission, private investment, EU restrictions on State investment and EU emergency measures following the September 11 attacks in the US. A discussion with members followed Mr Tuohy’s statement.

Following the discussion, the Joint Committee agreed that the appropriate Director General in the EU Commission be invited in to discuss EU restrictions on State aid to Aer Lingus.

4.Adjournment

The Joint Committee adjourned at 7.27 p.m. sine die.

Sean Doherty, T.D.

Chairman

26 March 2002

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Tuesday, 27 November 2001

1.The Joint Committee met in public session at 5.05 p.m. in Committee Room 3, LH 2000, Leinster House. The Joint Committee suspended from 5.23 p.m. to 5.33 p.m. due to a division in the Dáil.

2.Attendance

The following members were present:-

Deputies: Seán Doherty [in the Chair], Liam Aylward, Martin Brady, Richard Bruton, Donal Carey, Austin Currie, Brendan Daly, Nora Owen (in substitution for Jim Higgins), Sean Power, Dick Roche, David Stanton, Noel O’Flynn, Trevor Sargent, Emmet Stagg (in substitution for Pat Rabbitte);

Senators: Tom Fitzgerald (in substitution for Peter Callanan), Liam Fitzgerald, Shane Ross.

Other members attending: Deputies Sean Haughey, Batt O’Keeffe, G V Wright and Sean Ryan.

3.Crisis in Aer Lingus

Mr Noel Dowling, National Industrial Secretary, SIPTU, Mr Michael Landers, Assistant General Secretary, IMPACT and Ms Kay Garvey of the Unions’ Central Representative Council attended the meeting following the Joint Committee’s invitation to discuss the current crisis facing Aer Lingus. Following an opening statement from Ms Garvey, a question and answer session with members followed.

4.Adjournment

The Joint Committee adjourned at 6.59 p.m. sine die.

Sean Doherty, T.D.

Chairman

26 March 2002

APPENDIX 9 (contd.)

Proceedings of the Joint Committee

Thursday, 6 December 2001

1.The Joint Committee met in public session at 12.07 p.m. in Committee Room 2, LH 2000, Leinster House.

2.Attendance

The following members were present:-

Deputies: Brendan Daly [in the Chair], Liam Aylward, Martin Brady, Richard Bruton, Donal Carey, Jim Higgins, Trevor Sargent, Sean Ryan (in substitution for Pat Rabbitte) David Stanton;

Senators: Liam Fitzgerald.

Other members attending: Deputies G V Wright and Michael Collins; Senator Jim Glennon.

3.Crisis in Aer Lingus

Mr Willie Walsh, Group Chief Executive, Mr Dan Loughrey, Corporate Affairs Director and Mr Brian Dunne, Acting Chief Financial Officer, Aer Lingus attended the meeting following the Joint Committee’s invitation to discuss the current crisis facing Aer Lingus. Following an opening statement from Mr Walsh, a question and answer session with members followed.

4.Adjournment

The Joint Committee adjourned at 1.30 p.m. sine die.

Sean Doherty, T.D.

Chairman

26 March 2002

APPENDIX 10

Work Programme for 2002

A. Joint Committee

Because of the time constraints arising from the imminent dissolution of the Dáil and the calling of a general election, the Joint Committee agreed that its work programme should reflect these facts. Accordingly, the Joint Committee agreed on the following limited work programme:-

•Undertake visits to Shannon, Cork, Waterford and Knock airports with a view to examining investment and development of infrastructure, future plans, marketing, flight routes and scheduling and any other relevant issues which impinge on airports future viability;

•a single ticketing system on public transport in the DTO area (this to be incorporated by Deputy Richard Bruton in his study for the Joint Committee on an evaluation of Dublin transport policy;

•the future and re-organisation plans for An Post.

In addition, the work by the Sub-Committees in relation to (a) the proposed River Shannon Authority and (b) the examination of the Iarnród Éireann mini-CTC signalling project would continue.

B. Dáil Select Committee

Consideration of the following would be undertaken by the Dáil Select Committee as and when they are referred by the Dáil:

•Bills referred to the Committee by Dáil Éireann

•Estimates for Public Services under the aegis of the Department of Public Enterprise.

# appointed in substitution for Deputies, Simon Coveney, Phil Hogan, Billy Timmins and Ivan Yates on 29/06/2000

^ appointed in substitution for Deputy Emmet Stagg on 22/3/01

~ appointed in substitution for Deputy Olivia Mitchell on 29/3/2001.

* Senator John Cregan appointed in substitution for Senator Des Hanafin on 13/07/99.

¹ Key to subparagraphs of Joint Committee’s Orders of Reference referred to: (i) = public affairs administered by Department; (ii) = matters of policy for which Minister is officially responsible; (iii) = strategy statements; (v) = other matters referred by the Dáil/Seanad.

² Key to paragraphs of Dáil/Seanad Standing Orders referred to: (1) = take evidence; (2) = invite submissions; (3) = establish sub-committees; (4) = draft legislative change; (5), (6) = meet Minister re policy/proposed legislation; (7) = meet principal office holders in State Bodies; (8) = consultants; (9) = travel.

* Deputy Donal Carey appointed in substitution for Deputy Phil Hogan, June 2000

** Deputy Pat Rabbitte replaced Deputy Emmet Stagg on 22 March 2001

* Deputy Pat Rabbitte replaced Deputy Emmet Stagg on 22 March 2001.