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 the
National 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 NTA’s transport strategy for the GDA
subject 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 Council’s strategy substantially fails to set a long-term
strategic planning framework for the integrated development of transport
infrastructure and services in the GDA; and,

• replace the NTA Board as approver of the NTA’s strategic traffic management
plan for Dublin.

The Minister for Transport will continue to approve the NTA’s integrated
implementation 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
Government’s 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) Act
2010;”.

(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 approval”
by “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 in
writing 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 a
draft 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 the
transport 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 containing
recommendations 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 be
inserted], in this Act referred to as the Council, to perform the functions
assigned 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 Council’s
view on a matter shall be determined by a majority of votes of members
present 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 Mayor’s 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 Council

under 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 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).

(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.”.