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Dáil Éireann debate -
Wednesday, 17 Apr 1996

Vol. 464 No. 1

Adjournment Debate. - Light Rail Study Proposal.

Fianna Fáil is availing of the opportunity of this Adjournment debate to stand over the charges it made in relation to the light rail controversy. We remain of the view that the Minister for Transport, Energy and Communications, Deputy Lowry, has grossly misled the Dáil, Seanad and the public on as many as ten different occasions between December 1995 and April of this year when he deliberately concealed the information that in November 1995 he had agreed to an investigation of the entire light rail project by the European Union.

In a statement last night the Minister accused Fianna Fáil of being mischievous and of making allegations founded on a deliberate distortion of facts. It is ironic that in the statement he has engaged in the very behaviour he has accused others of perpetrating. In the four page press release he deliberately distorted a large number of facts and he also selectively quoted from the Dáil record in an effort to try to distract from his concealment of information from both Houses of the Oireachtas.

I wish to detail the Minister's distortion of the facts in his press release and then in his comments in both Houses of the Oireachtas. No matter what he now tries to argue, there is no doubt that on 12 December last when he was badly in need of good news to distract from his difficulties, he announced with a fanfare of publicity the light rail lines to Dundrum and Tallaght. He expressed regret on the day that the Government had decided not to proceed with a proposed third route to Ballymun until after the year 2000. He made no reference at the announcement to the EU investigation which was questioning this phasing and which meant that the funding for the two lines was conditional. It is incomprehensible that he decided to announce the two lines while a question mark hung over the project and the £114 million in EU funding.

We believe this raises serious questions about the Minister's political judgement and about the judgment of the Taoiseach who robustly defended his actions on yesterday's Order of Business. He claims in last night's press release that last December he only launched a public consultation process and that he did not announce the two lines. He further tried to suggest that this was a public consultation process about a general plan for the city of Dublin rather than specific light rail routes. This dancing on the head of a pin by the Minister is, unfortunately, laughable.

It was abundantly clear on 12 December that the Minister was announcing the two lines and that the public consultation process he launched was only in relation to those two lines. This is also recorded in the Official Report, 5 March 1996, vol. 462, col. 1181. At Question Time he said:

The routes have been announced. They will be made known to the public, and people who wish to comment on how a route might affect them or how it could be best placed or changed to accommodate the concerns of local people will be listened to during the public consultation process and also at the public inquiry.

The Minister moves on in his press release to quote from a Dáil question in January asked by Deputy Shatter. He quotes very selectively from the reply. All he gives of the reply is that "No final decision will be taken on the precise routes until the public consultation process is completed, until a public inquiry is held later this year and the EU approval procedures have been completed." Turning to the Official Report, 31 Janaury 1995, vol. 460, col. 1919, it is interesting to read the full paragraph. It states: "I launched a public consultation process on the planning light rail links to Dundrum and Tallaght on 12 December 1992 following the conclusion of detailed work undertaken by the project team to identify the preferred technical route alignments for both links." He goes on to say what I said in the previous paragraph. Again, it is clear that all that are in question are the Tallaght and Dundrum lines. No mention is made of the fact that two weeks before the Minister announced the two lines he agreed to an investigation by the EU into the light rail plan and the phasing of the project. He tries to convey in his press release that the EU investigation is a routine procedure; it is clearly not so. It is a serious development and threatens the timescale for the entire light rail plan.

The seriousness of this was evident when the EU Regional Affairs spokesman was interviewed on last Monday's 1 o'clock news. Mr. Tommy Gorman, the RTÉ correspondent, said that the Government had already announced what it intended to do. He asked the Regional Affairs spokesman if he was now saying that the Government, in November, had agreed to postpone this until after another study was done. The EU Regional Affairs spokesperson responded: "That is our information, that is what we have agreed with the Irish Government — to ask an independent consultant to analyse all three options and then decide."

This was the first confirmation of the Sunday Business Post story of 14 April which revealed that the EU had ordered an investigation into the entire project. Until then nobody had got wind of the development which had occurred on 29 November 1995 when officials at the Department met EU officials. This meeting, where the decision on the light rail investigation was finalised, took place just two weeks before the Minister announced the two lines.

Subsequently, the Minister made no reference to such an important outstanding issue. In fact, in the Seanad on 14 February he said that we could not afford the luxury of more studies to re-examine the fundamental basis of the DTI strategy which we recently adopted. On the few occasions when he referred to the EU he made it appear as if only the hoops had to be gone through with the Commission and that they were minor and procedural. In the Official Report, 28 March 1996, vol. 463, col. 1452. he gave the impression that the European Union had actually agreed the process when he said: "The Operational Programme for Transport, agreed by the Government and the European Commission, makes provison for an expenditure of £200 million on the implementation of the first phase of the on street light rail network as recommended by the DTI."

I call on the Minister to explain why he misled the Dáil and the Seanad——

The Deputy should not refer to the other House.

——and why he decided to proceed with the announcement on 12 December when his Department had agreed to an investigation on 29 November. I ask him to release the correspondence between his Department and the European Union in relation to the investigation. We are in favour of this project but the party is extremely concerned that the capital may lose everything due to this affair. Dublin badly needs a light rail project——

So does west Cork.

——but there is a great danger that the Minister's handling of this issue could result in our boats being burned with the EU in relation to the light rail plan. We believe he has many questions to answer. Yet again he is in a situation where he should think seriously about his fitness to remain in office.

I want to cut through the welter of abuse and allegations that have been made against me and to set down the facts surrounding the proposed light rail study. Opposition Deputies, including Deputy Cowen, who are pretending to be surprised about the EU study knew all along that a study was a legal requirement, a legal requirement that they negotiated.

The Community Support Framework, which the Leader of the Opposition, Deputy Bertie Ahern, negotiated with the European Commission when he was Minister for Finance, made it quite clear that a socio-economic cost benefit analysis would be needed for any elements of the DTI package costing over £20 million. It is in black and white on page 46 of the CSF document and I quote the relevant extract which deals with the DTI investigation package:

Individual elements of the package which exceed a cost of 25 million ECU will be subject to socio-economic cost-benefit analysis, in accordance with Article 5 of Regulation 2083/92.

A similar point was made on page 62 of the Operational Programme for Transport which was negotiated when Deputy Cowen was Minister for Transport.

I am astounded that experienced former Ministers on the Opposition benches, who negotiated the current EU programmes, are deliberately ignoring the requirements governing those programmes because it suits their purposes for cheap political point scoring. The relevant EU regulations require a study for all Structural Fund supported infrastructure projects costing over £20 million. The light rail project will cost in excess of £200 million, more than ten times the EU minimum threshold for studies. These former Ministers now in Opposition, who played pivotal roles in agreeing the stipulations that are now being implemented, should be well aware of the requirement for studies and should be supportive of full and exhaustive evaluation in the interests of the Irish and European taxpayers. It is the job of the Commission to use these studies to ask hard questions on behalf of the European taxpayer. This is the practice across a wider range of projects. Examples of projects in my own Department are the peat fired power station which has been the subject of an independent study and the biomass power station project which will be the subject of a further study.

I also want to make it clear that what is being carried out is a comparative evaluation of the Tallaght-Ballymun and Tallaght-Dundrum routes. We always anticipated that there would be a need for an evaluation of a number of alternative route options, to meet European Union requirements and to deal with issues raised at our own national public inquiry. In anticipation of that the CIE project team and its consultants have been working on this since 1994 and the study now agreed with the Commission will build on that work in respect of two particular options.

It is not a fundamental re-evaluation of light rail. There is a commitment in the Operational Programme for Transport to provide EU funding for light rail. The Commission has already agreed to provide assistance for the preparatory work and £3 million has been paid to date to CIE. This clearly demonstrates Commission support for the light rail project and makes a nonsense of the suggestion in the Opposition motion that the European Union funding for it is at risk.

The Opposition are the only parties attempting to put the funding for this project in jeopardy. They are trying to deliberately sabotage the project by their reckless and irresponsible behaviour over recent days.

The light rail project is a once in a lifetime opportunity for Dublin to tackle the chronic congestion which is impairing economic activity and the quality of life for everyone in the city. By their deliberately mischievous actions, the Opposition are attempting to undermine the Government's efforts to ensure that this badly needed facility is made a reality for the people of Dublin.

I emphatically reject any suggestion that I misled the Dáil, or anybody else for that matter. I have consistently made it clear that no final decisions on routes will be taken until the public consultation process had been completed, a public inquiry held and European Union approval procedures finalised. My position has been clear, unambiguous and consistent. Indeed, a mere eight weeks ago, in response to a Seanad motion on 14 February 1996 I made it clear that the proposed statutory public inquiry into all aspects of the proposed light rail network would "enable people who believe that light rail is not the appropriate solution to Dublin's transport problems or that other routes should be given priority to put forward their views and challenge the DTI recommendations and the detailed planning work of CIE's project team".

The public consultation is open as to its conclusions and the socio-economic study is consistent with that open approach.

Let us also be clear to what the previous Government decided. On 5 October 1994 it "noted and approved the provisional finding of the CIE project team that light rail links to Tallaght and Dundrum should be constructed during the period of the National Plan with the remaining links to be constructed thereafter". Take note of the words "provisional finding" which make it clear that the previous Government was aware that this was not a final decision on route priorities. Deputy Berite Ahern is the only person guilty of the very thing of which he has wrongfully accused me. When he announced the construction of the Tallaght and Dundrum lines in his speech to Dublin Chamber of Commerce on 20 October 1994 he neglected to mention that the decision on route priorities was not final. In contrast, when I replied to a parliamentary question on 31 January 1995 I was careful to reflect accurately the terms of the Government decision.

I assure the House that every possible effort is being made to keep to the implementation timetable by proceeding with a range of activities in parallel. The CIE project team has already carried out a substantial amount of additional preparatory work for the study and this will be passed over to the consultants who will be appointed shortly and report within about three months.

There will be no delay in the light rail project. While the study is going on the public consultation programme will continue, legislation will be introduced in the Oireachtas and the CIE project team will continue its detailed preparations for the statutory public inquiry. It is my firm objective to have the new legislation in place by the summer recess, to have the statutory procedures completed in time to let construction start as early as possible next year and to have light rail in operation in Dublin during the year 2000.

To sum up, far from being a surprise, the European Union socio-economic study is something that is legally required by European Union rules negotiated by Fianna Fáil in Government. Legally, the project could not go ahead, with European Union aid, without a study. The fact that the Opposition Deputies, so recently in Goverment, forgot this suggests that they were not very attentive to what they were doing when they were in Government and it confirms the wisdom of the Dáil in sending them over to the Opposition benches where their inattentiveness will do less harm.

The Dáil adjourned at 9.35 p.m. until 10.30 a.m. on Thursday, 18 April 1996.

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