Minister to take legal advice over route proposal

4 hours ago
Action could include an all-out strike at Dublin Bus, Bus Éireann and Irish Rail
The Minister for Transport is to take legal advice on the legislation underpinning the Government’s proposal for potential privatisation of 10% of bus routes on Dublin Bus and Bus Éireann.

Earlier, the National Bus and Rail Union said it would begin a legal challenge to the legislation after talks with the Department of Transport, the National Transport Authority and the two bus companies broke down.

union’s are now balloting members for strike action.

Minister Paschal Donohoe told the Dáil that the legislation, which was enacted by the previous government, was “carefully crafted in accordance with EU law”.

He said the legislation had recently allowed the NTA to renew Bus Éireann’s and Dublin Bus’s direct award contracts subject to arrangements being made for tendering of 10% of the PSO bus market.

However, he said that in light of trade union concerns, his department had recently agreed to seek legal advice on specific aspects of compatibility of Ireland’s legislation, in relation to the post-2019 scenario, with the provisions of EU law.

He stressed that the NTA – which had statutory responsibility for the issue – would defend any threatened legal action as necessary.

Earlier the NTA confirmed that it would not be altering the 7 April deadline for completion of the first pre-qualification phase of the competitive tender for the bus routes.

The minister said that introducing competitive tendering has the potential to save taxpayers’ money, encourage cost competitiveness and enhance service quality.

He said he was disappointed that unions had withdrawn from talks, adding that the LRC negotiations would allow employees’ concerns to be addressed satisfactorily.

He said there had been a particular focus on facilitating existing employees to remain in either Dublin Bus or Bus Éireann if either company did not succeed in the tendering process.

He also defended the Government’s funding of bus and rail services.

In a statement, Bus Éireann said it has not been officially notified of any ballot for industrial action.

The company also said it is “not privy to the details of any plans for a legal challenge regarding the privatisation of some bus routes”.

Dublin Bus also said it has not received official notification from the trade unions of a ballot for industrial action.

NBRU General Secretary Dermot O’Leary Mr O’Leary said the union was not closing the door on private entry into the market, as it cannot do that, but he said it wanted an agreed situation based in law, which will protect its members and the companies they work for.

He said if the NTA proceeds with the tendering process in the next two weeks, his union would have no choice but to follow a twin-track approach of “the courts in one hand and industrial action in the other”.

The NBRU represent around 50% of the drivers in Dublin Bus.

In Bus Éireann, the NBRU represents about 66% of drivers.