Dáil Éireann debate -
Thursday, 20 Nov 2003

Vol. 575 No. 1

Ceisteanna – Questions. Priority Questions. - Road Safety.

Róisín Shortall

Question:

2 Ms Shortall asked the Minister for Transport if his attention has been drawn to the fact that infringement proceedings against Ireland are in train by the European Commission arising from the NRA's failure to comply with the requirements of the European and Irish standards EN 1317 in respect of safety barriers on roads and that the breach has continued despite a written undertaking to comply on 7 March 2002, as a consequence of which road users have been deprived of the level of protection decreed by the European Commission as appropriate; and if he will make a statement on the matter. [27906/03]

Mr. Brennan

It is not correct to imply that safety barriers on our roads are inadequate or that NRA standards or practices constitute a contravention of EU standard EN 1317. I understand from the NRA that, since January 2002, all road improvement contracts involving the provision of safety barriers are tendered exclusively on the basis of the EU standard EN 1317 for safety barriers.

The proceedings to which the Deputy refers related to compliance with EU procurement directives which require that EU product standards, where available, be used exclusively in tender invitations. Prior to January 2002, the NRA had been specifying both the EU standard and a comparable British standard. Following contacts between the Commission, my Department and the NRA, the authority changed its practice in January 2002 to refer exclusively to EN 1317 in tender invitations.

The EN 1317 standard has been adopted by the EU under the construction products directive as part of the EU process of harmonising product standards. It is a performance standard which sets out the testing requirements for different classes of barriers. It does not specify whether or when safety barriers are to be provided. That is a matter for national authorities. The application of EN 1317 does not call into question the adequacy of barriers procured and installed under the arrangements in place prior to January 2002. The barriers concerned comply with best international practice and provide the same level of safety as barriers supplied and installed in response to tenders based on exclusive use of the EN 1317 standard.

The position on providing median barriers on motorways and dual carriageways is that the NRA's current standards provide for high containment safety barriers in central medians up to 7.5 metres in width and normal containment safety barriers in central medians greater than 7.5 metres in width but not exceeding 15 metres in width. Where median width is greater than 15 metres, the median itself provides the safety mechanism. The NRA has been asked to consider further the position on the retrofitting of safety barriers on existing motorways and dual carriageways where the central reservation is greater than 15 metres.

Ms Shortall

The Minister is confusing two different issues. This is not about the use or otherwise of central barriers but the standards of road barriers in use at the moment. Will the Minister confirm that at a meeting in Brussels in January of last year his Department and the NRA were taken to task by the European Commission for their failure to operate to the procurement requirements regarding the European standard for all road barriers? Given that the NRA, subsequent to that meeting, sent a letter to the European Commission saying that it would in future adhere to the standard required by the Commission in all future procurements, why did the NRA advertise for tenders for a section of the N11 between Newtownmountkennedy and Ballinabarney with a specification for road barriers of British and not European standard? Why was that allowed to happen despite its clear undertaking to the European Commission to comply with the European standard, as it is legally obliged to do?

Mr. Brennan

In March 2001, the EU Commission questioned the NRA practice at the time of specifying both the EU standard, EN 1317, and the existing standard in tenders for road contracts. The issues raised by the Commission were to do with procurement procedures, specifically whether it was in order to tender on the basis of the use of either previously approved barrier types or barriers satisfying EN 1317, or the use of EN 1317-compliant barriers only. The legal advice received by the NRA indicated that it was in order to specify either barrier type under transitional arrangements catered for in the EU guidance documents.

The Commission's view was that the procurement provisions of the works and supplies directive took precedence and, consequently, tender invitations should refer exclusively to the use of EN 1317-compliant barriers. In January 2002 the NRA informed the Commission that it would operate on that basis from then on. The Deputy is correct in that the Commission queried the NRA's practice. I have given the history of what happened in this regard. There is a question later which refers specifically to the N11 and I must wait until I come to that.

Ms Shortall

All the Minister has done is accept the fact that clarification was sought and it was pointed out to the NRA that it was not in compliance. The letter from the NRA of 7 March 2002 states: "The Authority also confirms—

An Ceann Comhairle

It is not appropriate to quote during questions. The Deputy must submit a question to the Minister.

Ms Shortall

The NRA confirmed in that letter that in future all tendering procedures would comply with the procurement rules laid down in respect of the standard used for roadside barriers. Why was that the case? That was in March of last year. In September of this year the NRA invited tenders for the section of the N11 to which I referred and in that tender document the specification for the barriers was the British standard, not the European one. In effect, this means that drivers on Irish roads are being denied the protection to which they are entitled under EU legislation. Why, in spite of giving that undertaking, does the NRA continue to flout the law in respect of standards? Why is the Minister allowing that to happen? Does he accept that in doing so he is contributing to the loss of lives on our roads because of the failure of the NRA to comply with its legal requirements?

Mr. Brennan

All I can do to be of assistance is to indicate that the Deputy is correct. It is obvious from what I have said that the NRA felt it was on solid ground up to the time the Commission queried its procedures. It then undertook to operate on the basis of the Commission's interpretation, that future contracts for safety barriers would be tendered exclusively on the basis of the use of EN 1317-compliant barriers.

Ms Shortall

Is the Minister aware that has not happened?

An Ceann Comhairle

Sorry, Deputy, we have gone over time on this question.

Mr. Brennan

The Deputy is right in that respect. However, if she is saying that the NRA has not complied with this undertaking for the N11, I will have to investigate and come back with my reply. Looking forward to Question No. 10, the reply states:

. . . road construction contracts awarded for the Arklow bypass, the Wyatville interchange and the Glen of the Downs and Ashford-Rathnew schemes were awarded prior to January 2002 and had safety barrier provisions based on the previous NRA standard. However, a contract variation was ordered earlier this year on the Glen of the Downs and Ashford-Rathnew schemes for the installation of a median barrier complying with EN 1317.

We will come to that later, but that is my initial response.

Ms Shortall

I thought the Minister would have the reply today – the question was specific. Will he investigate the matter and get back to me?

Mr. Brennan

I will certainly look into it.

An Ceann Comhairle

I would prefer if the Minister did not answer questions that come by way of interruption. We have already gone well over time on this question.