Legislative Powers and Levers

Figure from page 66

7. Legislative Powers and Levers

Within the existing legal framework, the legislative powers and levers required to reduce travel demand are spread across multiple government departments and agencies, as well as Local Authorities. This Strategy recommends a review of legislation to ensure local authorities, agencies and relevant Ministers have sufficiently robust legal vires power to bring forward the most appropriate demand management measures.

The Strategy makes recommendations within the existing remit of the NTA, particularly in terms of guidance for other local authorities based on the scheme currently being developed for the GDA.

There are also other pieces of legislation currently being used to contribute to aspects of emissions reduction in the transport domain and, subject to strengthening in some cases, could be used to facilitate new or enhanced measures such as:

The overall power to reduce emissions from the transport sector stems from the Climate Action and Low Carbon Development Act 2021. As well as committing the State to achieving overall GHG emissions reduction of 51% by 2030, compared to 2018 levels, the Act provides further clarity on the role for Local Authorities in climate action including the development of five-year Local Authority Climate Action Plans.

ᴏ Low emissions zones/clean air zones (building on ‘Special Control Areas’ in Air Pollution Act 1987)

ᴏ Road space reallocation, general regulation and control of traffic including the control and regulation of parking vehicles (Road Traffic Act 1994), particularly Guidelines under Section 38(6) of the Road Traffic Act 1994

Section 71 of the Dublin Transport Authority Act 2008 provides the NTA with powers to pursue the implementation of certain demand management measures in the GDA. It defines demand management measures for the purpose of that section as being “measures which promote a reduction in the total amount of travel or reduced growth in the total amount of travel and includes measures to:

ᴏ Workplace parking levy (Finance Act 2008)

ᴏ Integrated land use and planning (Planning and Development Act)

ᴏ Eurovignette Directive transposed into Irish law under S.I. No. 601/2024 on 8 November 2024 https://www.irishstatutebook.ie/ eli/2024/si/601/made/en/print#

Local authorities, as critical implementors for demand management measures, will also utilise their devolved powers under the Local Government Reform Act, 2014.

a. reduce the need to travel

b. reduce the use of mechanically propelled

vehicles and particularly private cars

Chapter 10 sets out a number of recommendations which relate to reviewing and strengthening existing legislative powers to advance the objectives of this Strategy in line with the overall legal imperative set out under the Climate Action and Low Carbon Development Act 2021. Of particular relevance to the above is the following:

c. increase travel by public transport, bicycle or on foot as an alternative to the private car

d. encourage travel at less congested periods

other than by means of a congestion charge, and

e. reduce trip length.

Recommendation 17: Review relevant legislation to ensure powers are sufficient to bring forward demand management measures.

It also provides for the NTA to give a direction to a public transport authority in relation to the implementation of demand management measures and to issue guidelines to public transport authorities or to other public bodies in relation to the implementation of demand management measures. The NTA may also allocate moneys and make payments to public transport authorities or other persons in relation to demand management measures.

A key output from this recommendation, as detailed in the Implementation Plan (Appendix 3), is to develop a legislative programme that will identify the legal and regulatory steps needed to support a range of demand management measures and to seek approval to progress this work, through the standard legislative process, from Government. This will provide implementing bodies with legal certainty in the delivery of measures.