Vol. 482 No. 6
10 Mr. Stagg asked the Minister for Public Enterprise the action, if any, she will take to make out-of-State truck operators subject to Irish road traffic legislation in the same way as Irish operators are amenable to Irish law; and if she will make a statement on the matter. [18995/97]
Work is already well under way, in consultation with the Attorney General, on the drafting of a suitable provision for inclusion in the proposed new road transport Bill, which will make out-of-State truck operators subject to Irish road transport legislation in the same way as Irish operators.
I thank the Minister of State for his reply. Is he aware that out-of-State operators from Northern Ireland, Britain and the Continent are not required by our law — because we cannot enforce it — to abide by the tachograph regulations which set out the amount of time drivers may drive before taking a rest? Is he aware they are not required to abide by our laws on speeding, overloading, tyres, lights or drink driving?
Does he agree out-of-State drivers are exempt from many of the safety regulations by which Irish drivers must abide? I appreciate the matter is being examined urgently.
I acknowledge Deputy Stagg's comprehensive grasp of this issue because of his excellent work during his time in this portfolio. I am also au fait with the position because of my previous involvement in the transport business.
The matters to which the Deputy referred must be addressed. In deference to the Irish haulage business generally and the economy, it is my intention to introduce a new road transport Bill in the next session of the Dáil, but a number of factors impinge on the timing of its introduction. Efforts are continuing to develop a suitable provision to enable effective enforcement of road transport legislation in respect of out-of-State hauliers. The Bill published by the previous Government did not deal with this important and complex issue. A draft provision is with the Office of the Attorney General for consideration. There have been developments at European Union level regarding a directive concerning access to the profession of road haulage and bus operators which may require legislative change. I am also proposing that the carriage of dangerous goods Bill be given priority. That Bill is required to enable Ireland accede to the European agreement on the carriage of dangerous goods by road and to bring two EU directives on the carriage of dangerous goods by road into Irish law. I hope to publish the dangerous goods Bill before Christmas.
My efforts in trying to bring forward this measure nearly frustrated me to death. I was bedevilled by lawyers who could not find a solution to what is a simple problem. Every other country in Europe has found a solution whereby out-of-State lorry drivers can be detained in a jurisdiction until the law is applied to them. That is the only way we can proceed. Does the Minister of State agree the current position gives a huge advantage to out-of-State hauliers compared with Irish hauliers who have to abide by speed limits, tachograph regulations, overloading limits and so on? Large operators from Northern Ireland are operating in competition with——
The Deputy must put his question to the Minister of State.
Does the Minister of State agree that the present position of non-national hauliers unfairly competing with Irish hauliers must be addressed urgently? Will he examine this problem in the context of Northern Ireland where, if our hauliers break the law, the law in that jurisdiction can be applied to them? The model in Northern Ireland could be applied here.
I am benefiting from the frustration endured by Deputy Stagg and the work he put into bringing the legislation to its present stage, and I thank him. I agree with the Deputy's analysis of the situation. However, the provision regarding out of State hauliers deals only with breaches of road transport legislation and not with road traffic legislation. Finding a workable solution is proving difficult. There is no point in bringing forward an unworkable provision which would fall into disuse in a short time. A new provision has been drafted with the assistance of the Garda Síochána and the Department of Justice, Equality and Law Reform and is with the Attorney General. I intend to include the provision in the Bill when it is published.
Will the Department examine the position of large hauliers in the meantime? Many have offices in this jurisdiction, mainly on the docks, although the offices may not carry the hauliers' names. Perhaps summonses could be served on those offices so the hauliers can be brought to heel under current law until the Minister of State's work on the legislation is brought to fruition.
I will give the Deputy's suggestion serious consideration.
