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Dublin Mayor Transport Arrangements.

The Minister for Transport and the Minister for the Environment, Heritage and Local

Government have agreed the role to be given to the Mayor of Dublin in respect of theNational Transport Authority functions relating to the Greater Dublin Area (GDA).

This role will involve the Mayor chairing a 12 member GDA Transport Council,

which will replace the planned NTA Advisory Council. In addition to the Mayor,

membership of the Transport Council will comprise 5 representatives appointed by

the Minister for Transport, 5 representatives appointed by the Mayor and 1

representative of the Mid-East Regional Authority.

The new Transport Council will:

replace the Minister as approver of the NTAs transport strategy for the GDAsubject to the Minister being able to direct the Authority to make changes to a

transport strategy approved by the Transport Council where the Minister

consider that the Councils strategy substantially fails to set a long-termstrategic planning framework for the integrated development of transport

infrastructure and services in the GDA; and,

replace the NTA Board as approver of the NTAs strategic traffic management

plan for Dublin.

The Minister for Transport will continue to approve the NTAs integratedimplementation plan subject to a new requirement that the Minister take account of

the views of the Transport Council.

The Transport Council will also retain all of the general functions given to the

Advisory Council in the DTA Act 2008 including monitoring implementation of the

transport strategy, integrated implementation plan and traffic management plan and

making recommendations to the NTA in relation to the discharge by the NTA of these

and its other functions in respect of the GDA.

The detailed draft heads of the proposed legislative changes for inclusion in the Local

Government (Dublin Mayor and Regional Authority) Bill, 2010 are set out below.These are being placed on the Department of the Environment, Heritage and Local

Governments website


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Head 58

Mayor and Dublin Transport

58. The Act of 2008 is amended-

(a) in section 2, by the insertion after the definition of local authority of the

following:

(i) Mayor means the holder of the office of Mayor of Dublin in

accordance with the Local Government (Dublin Mayor and Regional

Authority) Act 2010;, and

(ii) by the substitution for the definition of regional authority of the

following:

means a body established in accordance with section 43 of the Local

Government Act 1991 or the Dublin Regional Authority established under

the Local Government (Dublin Mayor and Regional Authority) Act2010;.

(b) in section 12

(i) by the substitution for paragraph (j) of subsection (5) of the following:

(j) such other matters as may be prescribed by the Minister or as the

Council may indicate in writing to the Authority or as the Authority

otherwise considers appropriate.,

(ii) in subsections (7), (10) and (11) by the substitution of Council for

Minister except where Minister is followed by for the Environment,

Heritage and Local Government,

(iii) in subsection (9) by the substitution of Minister for his or her approvalby Council for its approval,

(iv) by the substitution for subsection (12) of the following:

(12) Where a notice received by the Council from the regional authorities

within the GDA under subsection (10) contains a statement of the type

referred to in subsection (10)(b) the Council may, after consulting with the

Minister for the Environment, Heritage and Local Government, take any

of the actions specified in subsection (13) and where the Council does not

accept, or does not fully accept, the advice of the regional authorities given

under subsection (10), the Council shall inform the regional authorities inwriting of the reasons for such decision.,

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(v) by the substitution for subsection (13) of the following:

(13) (a) Following the expiry of the period of 4 weeks referred to in

subsection (10), the Council may, having considered any notice

or report received under subsections (10) or (11), in relation to adraft transport strategy submitted to it-

(i) approve the draft,

(ii) approve it with modifications,

(iii) instruct that it be resubmitted to it in a modified form

for approval, or

(iv) refuse to approve it.

(b) A copy of a transport strategy approved by the Council in

accordance with paragraph (a) shall be forwarded to the

Minister as soon as possible following its approval.,

(vi) by the substitution for subsection (14) of the following:

(14) (a) Within a period of 3 weeks of receipt of a transport strategy

approved by the Council in accordance with subsection (13)(a)

the Minister may, where he or she considers that the transport

strategy substantially fails to meet the objective set out in

subsection (3) direct the Authority to make such changes to the

approved transport strategy for that purpose as he or she may

specify and the Authority shall comply with any such direction.

(b) Where the Minister gives a direction under paragraph (a) a

notice of the giving of the direction and the details of it shall be-

i. given to the Council, and

ii. laid before each House of the Oireachtas., and

(vii) by the substitution for subsection (15) of the following:

(15) As soon as practicable following expiry of the 3 week period

referred to in subsection (14) the Authority shall cause a copy of thetransport strategy approved by the Council and, where appropriate, as

amended by the Minister in accordance with that subsection-

(a) to be laid before each House of the Oireachtas,

(b) to be published (including on the internet), and

shall take all reasonably practicable steps to implement it..

(c) in section 13 by the insertion after subsection (6) of the following:

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(6a) (a) When submitting a draft of its integrated implementation plan to the

Minister under subsection (6), the Authority shall send a copy of that draft to

the Council.

(b) The Council may, within 2 weeks of its receipt of the draft integrated

implementation plan, submit a report to the Minister containingrecommendations on it and the Minister shall have regard to any such

recommendations in exercising his or her powers under subsection (7)..

(d)by the substitution for section 17 of the following:

17 (1) There is established on the appointed day a body to be known as

the Greater Dublin Area Transport Council, or in the Irish language, [ to beinserted], in this Act referred to as the Council, to perform the functionsassigned to it by or under this Act.

(2) The Council shall consist of the Mayor and 11 ordinary members.

(3) (a) The ordinary members shall be appointed by the Mayor as follows:

i. 5 members nominated by the Mayor,

ii. 5 members nominated by the Minister, and

ii. the Cathaoirleach of the Mid-East Regional Authority .

(b) In considering persons for appointment under paragraph (a), the

Mayor and the Minister shall have regard, in so far as is practicable, to

relevant experience and ensuring an equitable balance between men

and women in the composition of the Council.

(4) The Mayor shall chair meetings of the Council and, if the Mayor is not

present, the appointed members present shall choose one of themselves to

preside over the meeting.

(5) (a) The quorum for a meeting of the Council shall be 6.

(b) At a meeting of the Council each member present has a vote and any

question on which a vote is required in order to establish the Councils

view on a matter shall be determined by a majority of votes of memberspresent and voting on the question. In the case of an equal division of

votes, the Mayor or other member presiding over the meeting has an

additional casting vote.

(6) An ordinary member of the Council shall serve on the Council-

(a) in the case of members nominated by the Mayor, for such term as

the Mayor shall decide but that term shall not extend beyond the

term of office for which the Mayor was elected,

(b) in the case of members nominated by the Minister, for such term

as the Minister may decide subject to a maximum term of 5 years.

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(7) A member of the Council shall be paid, out of moneys at the disposal

of the Authority, such allowances for expenses as the Minister, with the

consent of the Minister for Finance, may determine.

(8) Subject to this section, the Council shall regulate its own procedure and

business.

(9) The Authority shall provide all reasonable facilities and services as

may be required by the Council for the carrying out of its functions.

(10) The Council may act notwithstanding a vacancy or vacancies in its

membership.

(11) (a) The Council shall hold its first meeting on the day appointed under

subsection (13) or as soon as is practicable after that day.

(b) The Council shall decide on the frequency of all further meetings,subject to its meeting at least 4 times a year.

(12) (1) An ordinary member of the Council may at any time-

(a) resign his or her membership by letter addressed to the Mayor

and the resignation shall take effect from the date specified therein or

upon the date of receipt of the letter, whichever is later, or

(b) be removed from membership of the Council by the Mayor if,

in the Mayors opinion, the member has become incapable through

ill-health of performing his or her functions, or has committed stated

misbehavior, or his or her removal appears to the Mayor to be

necessary for the effective performance by the Council of its

functions.

(2) Before exercising his or her powers under subsection (1)(b) the Mayor

shall consult with and have regard to-

(a) the views of the Minister in the case of members selected by the

Minister pursuant to subsection (3), or

(b) the views of the Mid-East Regional Authority in the case of the

Cathaoirleach of that Authority.

(13) The Minister shall by order appoint a day to be the appointed day for

the purposes of this section..

(e) the substitution for section 18 of the following:

18 (1) The functions assigned to the Council by or under this Act shall

include-

(a) monitoring the implementation of the transport strategy, the

integrated implementation plan and the strategic traffic

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management plan and making any recommendations it

considers appropriate to the Authority, and

(b) making recommendations to the Authority in relation to the

discharge of any of its functions in respect of the GDA.

(2) The Authority shall consider the recommendations of the Councilunder subsection (1)(b) and may accept or reject in whole or in part a

recommendation of the Council.

(3) Where the Authority

(a) rejects a recommendation of the Council in whole or in part, it

shall state the reasons for such rejection to the Council,

(b) accepts a recommendation of the Council in whole or in part, it

shall take steps to implement that recommendation or part

thereof.

(4) (a) The Authority shall publish any recommendations made by the

Council under subsection (1)(b) and any reasons stated by it under

subsection (3).

(b) Publication by the Authority on its website shall constitute

compliance with paragraph (a).

(5) The Minister or the Authority may consult with or seek the advice of

the Council on any matter arising in relation to the exercise of the

functions of the Authority as they relate to the GDA.

(6) The Council shall be entitled to be informed at each of its meetings

about the work of the Authority as it relates to the GDA, provided that

disclosure of such information shall not, in the opinion of the Authority-

(a) relate to matters which the Authority consider to be of a

commercially sensitive nature,

(b) could impede the present or future performance of its functions, or

(c) be in breach of section 38..

(f) in section 26

(i) by the insertion after subsection (2) of the following:

(3) Where the Minister proposes to give a policy direction to the

Authority regarding its functions in respect of the GDA he or she shall first

consult with the Council and shall have regard to any views expressed by

the Council.

and

(iii) by the renumbering of subsection (3) as subsection (4).

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(g) in section 27

(i) by the insertion after subsection (2) of the following:

(3) Where the Minister proposes to issue guidelines to the Authority

regarding its functions in respect of the GDA he or she shall first consultwith the Council and shall have regard to any views expressed by the

Council.,

and

(iii) by the renumbering of subsection (3) as subsection (4).

(h) in section 64

(i) by the substitution of make for prepare, adopt and implement in

subsection (1),

(ii) by the substitution for subsection (5) of the following:

(5) The Authority shall submit a draft of its traffic management plan to

the Council for approval.,

(iii) by the insertion after subsection (5) of the following:

(6) The Council may, in relation to a draft traffic management plan

submitted to it

(a) approve the draft,

(b) approve it with modifications,

(c) instruct that it be resubmitted in a modified form for approval, or

(d) refuse to approve it.

(7) As soon as practicable after the Council has notified the Authority that

it has approved a traffic management plan, the Authority

(a) shall cause a copy of it to be laid before each House of the

Oireachtas,(b) shall publish it and take all reasonably practical steps to implement

it.

(8) The Authority shall ensure that a traffic management plan is reviewed

and a new plan prepared not later than 6 years after the adoption of the

previous plan.

(9) Where the Authority makes a new traffic management plan, it must

do so in accordance with this section..

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