New measures for safety on the railways, including the setting up of an independent Railway Safety Authority (RSA), were revealed yesterday by the Minister for Public Enterprise, Ms O'Rourke.
The proposals for a new regulatory framework for railway safety are contained in a 120page Government consultation paper which will form the basis of legislation, following submissions from interested parties.
The framework will apply to all railways to which the public has access, including the Iarnrod Eireann network, light rail (Luas), metro and heritage railways.
Yesterday, the Minister said: "As we embark on a new era of investment in our railways, including £430 million of safety investment over the period 1999 to 2003 under Iarnrod Eireann's Railway Safety Programme, I am confident that my proposals for a new regulatory regime for railway safety will give assurance to the travelling public that safety will continue to be of paramount importance."
The main feature of the new regime will be the establishment of the independent Railway Safety Authority to regulate rail safety in Ireland.
The RSA will have wide-ranging powers of inspection, investigation and enforcement.
According to the paper, the RSA's functions will include carrying out safety assessments on proposed new works and new rolling stock before allowing it to be used, monitoring reports of railway accidents and incidents prepared by railway operators and investigating them.
It will also audit the safety management system of individual railway operators; prescribe standards, specifications and procedures to be used by railway operators; carry out inspections of railway infrastructure, operations and management systems; and take enforcement proceedings where necessary.
The paper, effectively a draft of the Railway Safety Bill, also proposes a "safety case" approach i.e., a formal document setting out how a railway operator proposed to manage safety, in all of its activities.
Legislation will place a general duty on railway operators to operate a safe railway and will require each to produce such a document. The draft Bill also proposes the establishment of a Railway Safety Advisory Council, which will consider issues relevant to railway safety and make recommendations to the RSA or the Minister.
Members of the advisory council will be appointed by the Minister and will comprise representatives of the railway industry, railway unions, the RSA, bodies representing the public interest, bodies representing employee or public safety, and experts in a particular field relevant to railway safety.
It is proposed the chairperson will be independent of the railway industry and unions.
Ms O'Rourke said that following a review she commissioned in 1998 of railway safety in Ireland, independent consultants IRMS had recommended a new regulatory framework for railway safety, to include a substantial strengthening of the powers and resources of the railway inspectorate of her Department, and updating of the legislation governing railway safety.
She concluded the new enlarged inspectorate should be an independent agency.
"I took this view to provide independent assurance to the public and to ensure transparency in decision-making, and to separate decision-making on railway safety from shareholder and market regulatory considerations", she said.
Submissions on the consultation paper are invited by March 2nd.