Bus firm action over Dempsey decision

A PRIVATE bus company has begun legal proceedings in the High Court aimed at overturning a decision of Transport Minister Noel Dempsey to alter an existing passenger road service from Swords to Dublin, the 41X bus route.

The action is being taken by Digital Messenger Limited trading as Swords Express of Lower Grand Canal Street, Dublin 2, against the minister, with Dublin Bus named as a notice party to the proceedings.

Mr Frank Callanan SC for Swords Express said it was a matter of commercial urgency for the company as they were being put out of business. He said the minister has unlawfully permitted the alteration of an existing passenger route.

He said he had not sought an injunction but hoped to have the matter heard early next term.

Mr Callanan said alternatively his client wants an order quashing the decision of the Department of Transport that the alteration by Dublin Bus of the route does not cause it to compete with the Swords Express service.

Mr Callanan said his client was the holder of an annual passenger licence to operate a continuous passenger road service between Swords and Customs House Quay via the Port Tunnel.

Dublin Bus had altered its pre-existing 41X bus route to travel from Swords to Dubln City Centre via the Port Tunnel. This alteration was apparently made with the approval of the minister.

In addition the applicant is seeking a declaration that any decision of the minister purporting to permit Dublin Bus to alter the route is invalid. Mr Callanan said Dublin Bus was in receipt of a State subsidy and could transport passengers at a lower fare than other licensed operators.

Accordingly, justice and fair procedures required that the applicant should have been given an opportunity to make submissions to the minister before the minister determined the proposed service would not compete with Swords Express.

Counsel for both the minister and Dublin Bus asked for time to submit opposition papers and Mr Justice Iarfhlaith O’Neill said he was going to allow for opposition papers to be submitted up until the last day of August.