Iarnrod Eireann was sharply criticised in the House for its failure to provide full information to the railway inspectorate on safety aspects of the company's operations.
The Minister for Public Enterprise, Ms O'Rourke, said it was "totally unacceptable" that the railway inspectorate was "inhibited" from effectively doing its work because of the company's failure to provide "full and timely" information.
There had been some improvement recently but the situation dealing with operational matters and accident measures in particular, remained unsatisfactory, she said. The Department had instructed Iarnrod Eireann to provide all the requested information to a strict timetable. "I expect the company to comply with this requirement," Ms O'Rourke said.
Under the proposed legislation a new railway safety authority with wide-ranging powers of inspection and enforcement will be established. She assured Mr Jim Higgins, Fine Gael's Public Enterprise spokesman that she would arrange for the company to be monitored but that the situation had improved since the urgent need for answers was explained to the managing director.
Mr Higgins said it was obvious that if the company was not constantly monitored and warned it would not comply. "In the course of warning the company, will she remind it that it is heavily subsidised by, and cannot survive without, the taxpayer? Public safety is a matter of public concern and there should be no hiding behind confidential information."
Ms O'Rourke said the Department was going beyond its annual audit through the establishment of the railway safety authority. "Ireland has gone much further than the UK in this area," she said. "It is extremely important that all public transport safety arrangements are properly scrutinised."
Labour's Public Enterprise spokesman, Mr Emmet Stagg, asked when the legislation, which would enshrine the role of the inspectorate, would be prioritised.
At the very earliest, the Bill would be introduced in the middle of this year, Ms O'Rourke said. "The Bill, which will update legislation from the mid-19th century onwards, is undergoing a public consultation process which is due to conclude by the end of March." After that process the Chief Parliamentary Counsel would start to draft the legislation.
Mr Stagg also expressed concern about Iarnrod Eireann's responsibility to respond to the railway inspectorate. The Minister said she would ask the Department's assistant secretary to write to the managing director about the issue.