(1) | The Minister may, in writing, direct the Authority to perform a specified act within the Authority’s power or not to perform a specified act, if such direction is necessary— |
(a) | to safeguard the national security of the Republic; |
(b) | to promote the national, strategic or economic interests of the Republic; or |
(c) | to discharge an international obligation of the Republic. |
(2) | The Minister must consult with the Authority, the Transport Economic Regulator established by section 29 of the Economic Regulation of Transport Act, 2020 and the Shareholding Minister prior to giving a direction under subsection (1). |
[Section 79(2) substituted by section 1(10) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
(3) | The Authority must take all necessary steps to give effect to a direction issued under subsection (1). |
(4)
(a) | The Minister may, out of monies appropriated by Parliament for that purpose, compensate the Authority for any loss suffered by the Authority as a result of the obligation to perform or not perform an act contemplated in subsection (1). |
(b) | In addition, should the performance of such an act not be in the commercial interests of the Authority, the financing of such activity is the responsibility of the State. |