Adjournment Debate.

Road Safety.

Dr. Cowley

I am grateful to have the opportunity to discuss this important matter on the Adjournment. All Deputies are aware of Ireland's horrific number of road deaths, which take place on a daily basis. This country's road accident figures are high by European standards. The annual number of road fatalities is unacceptably high. We need to ensure that the number decreases. We have been cautioned to slow down, not to speed and not to drive under the influence of drugs or alcohol. I would like to discuss road conditions, a factor other than driver error that plays an important part in many road accidents. We are under-estimating the important part played by road conditions in the causation of road accidents.

I had the unfortunate experience of attending at a fatal road traffic accident at Murrevaugh, just outside Mulranny, on 22 December last. A young girl aged 22 was killed during daylight hours on a stretch of road which has been the site of a number of accidents in recent times, according to people who live in the area. I understand that a young man I treated that day wrote off his car on the same stretch of road just before the fatal accident to which I refer took place. I understand that since then, a further young man has had a similar accident on the stretch of road.

I do not want to prejudice the result of an ongoing investigation into the fatal accident that took place on 22 December. I offer my profound sympathy to the parents and the rest of the family of the deceased girl. Her father, who has a significant knowledge of roads because he works full-time in the road construction industry, has questioned the quality of the surface of the road at the location where the accident took place. He maintains that the road's surface of dense bitumen macadam, DBM, base course, the laying down of which was completed on 4 October 2004, is not suitable for the speed limit of 100 km/h that was in place when the accident took place at the relevant stretch of road, which is outside the 50 km/h zone.

When I contacted the National Roads Authority about this matter, I was informed that the surface of the road in question should have had a permanent surface dressing, but that had not been applied. The NRA's manual HD 36/99, which outlines the surfacing material to be used on roads and bridges, recommends that DBM wearing course without surface dressing should not be permitted as a permanent surface on high-speed roads. It goes on to state that DBM base course should be surface dressed within three weeks, or as soon as practicable.

The NRA guidelines state that a DBM road that has not been surface dressed should be subject to speed restrictions of 50 km/h and signs should be erected indicating clearly that the road surface is temporary. I have written to Mayo County Council to suggest that 50 km/h speed limit signs be erected at Murrevaugh, in line with the recommendations of the NRA, but that has not yet been done. It is to be welcomed that other types of sign can be seen, but signs stating that it is a 50 km/h zone and that the road surface is temporary need to be put in place.

Two lorries were recently involved in separate accidents on a stretch of road in County Galway known as the Curragh line. I understand the road surface, which is in a 100 km/h zone, is DBM without a surface dressing. A 50 km/h speed limit has been imposed in the area and signs stating that the road surface is temporary have been erected.

I was not previously aware of this problem. I am anxious that the Minister for Transport should examine all cases of this nature and investigate the problems associated with this type of road surface. He should ensure that the guidelines and recommendations of the NRA are followed in the interests of driver safety. How many other roads have a surface that is not in line with the recommendations of the NRA, which is the funding body for roads projects? I do not want to say who is at fault but it is important to note that road conditions continue to play a more significant part in road traffic accidents than we realise. We can do something about it. We have had too many road traffic accidents and they have led to unnecessary loss of life. It is time that they were prevented.

Minister of State at the Department of Transport (Mr. Callely)

I thank Deputy Cowley for raising this matter. Although the question with which I was provided differs slightly from that which the Deputy raised, I support his view on the need for participation by all in improved road safety to ensure success. I sympathise with the family of the young girl who was killed tragically last December, as referred to by the Deputy.

I was interested to note Deputy Cowley's remarks on the girl's father's knowledge of road surfacing. I ask the Deputy to relay his information in this regard to my office for investigation. I would like to have the matter fully investigated. As the Deputy implied, nobody in the House wants to point fingers or apportion blame. If there are ambiguities regarding who is responsible for this area, we should ensure that they are fully and properly addressed.

The information provided to me states clearly that the causes of road accidents are many and varied. I understand that road conditions can comprise, on occasion, a causal or contributory factor. A National Roads Authority analysis of factors contributing to fatal and injurious accidents in 2002 indicates that the behaviour of drivers and pedestrians are the key contributory factors, in 86% and 9.7% of cases, respectively, whereas road factors were identified as contributory factors in only 2.5% of fatal and seriously injurious accidents.

The position on the carrying out of pavement improvement works and resurfacing on national roads is that the planning, design and implementation of such works are a matter for the relevant local authority in accordance with the requirements of the NRA. The requirements and standards regarding pavement improvement works, resurfacing and the signage of such works are set out in the NRA specification for road works and two circular letters issued by the NRA in March 2002 and May 2002. The timely completion of road improvement works is a matter for the local authority concerned and, as part of its overall supervision of the national roads programme, the NRA.

The issues raised by the Deputy have been noted and will be taken up with the NRA for consideration in the context of any revised and further guidance to local authorities on the implementation of pavement improvement and resurfacing works on national roads that they may consider necessary.

A note prepared by my Department refers to the road works at Murrevaugh on the N58. It states that it is understood that white bitumen tarmac was laid in October 2004 and that, because of the prevailing temperature at the time, it was not possible to complete the road improvement works by surface dressing, which would normally be needed to complete the work. As a consequence, it is understood that while the NRA required that surface dressing be applied as soon as practicable, the road section has been left without final resurfacing from October last. Therefore, it is important that signage and markings indicate to road users that work is still under way on the section of the road being improved. The note prepared by the Department also states that it is understood, given the concerns raised about the road pavement condition at Murrevaugh, that Mayo County Council, rather than waiting until May for suitable conditions to apply surface dressing, will now change the pavement construction to include a hot rolled asphalt wearing course which will be applied in the coming weeks. The note from the Department does not clarify what signage is in place but I assure the House that I will take the matter up with the Department to ensure that it is appropriate.

Dr. Cowley

I thank the Minister of State.

Dr. Upton

I thank the Ceann Comhairle for allowing this matter on the Adjournment and I thank the Minister of State for attending to respond to it. I bring to the attention of the House an increasing problem associated with petrol-propelled scooters which are popular with many young people. Will the Minister of State clarify whether children and young people under 16 are legally entitled to drive them? Will he state whether it is legal for a person under 16 to purchase petrol from a garage?

In preparing for this Adjournment debate, I carried out a small survey of petrol stations to determine whether they had any policy on selling petrol to people under 16. Few petrol stations had notices stating children under 16 should not access petrol from their petrol pumps. However, I understand from anecdotal comments that young people are buying petrol from petrol stations and garages to power their scooters. We need national guidelines to inform petrol station owners and their staff of the law.

Four years ago, we began to see many young people using the two-wheeled motor-propelled scooter. Over the past 12 months, there has been an increase in the number of mini-motorbikes with high-powered engines. There are also mini-quad bikes which can reach quite high speeds. The mini-scooters are popular with young people under 16 who do not receive any training on how to operate them. They do not have driving licences nor are they insured. Children, because of their low body weights, can reach quite high speeds on such motorised scooters, especially the newer, more sophisticated versions.

Unfortunately, one young person was killed recently on a mini-scooter in Belfast. This was a tragedy waiting to happen. There have been a number of accidents and serious incidents but it is only a matter of time until more young people are killed or seriously injured.

This is the second time in a week that I have raised an issue concerning young people and new technology. Last week, I raised the issue of mobile phone ringtones and I have had a great response from many people, parents in particular, who share my concerns. The lack of a regulatory framework regarding the sale and use of mini-scooters and mini-motorbikes is similar to the lack of such a framework in the mobile telephony sector. They are a new technology and are instantly popular with young people, which is quite understandable. However, regulatory frameworks and parents often lag far behind in addressing the possible child safety issues associated with technology. I often see and hear young people using mini-scooters and motorbikes in estates of my Dublin South-Central constituency. I am sure the repeated sound of their lawnmower-type engines is familiar to everybody in the House.

I have no problem with the regulated use of mini-scooters and mini-motorbikes. However, they should be supervised and off the public roads. There is a real child safety issue associated with their use by people under 16 on the public roads. The Garda appears to have adopted something of a hands-off policy. I can understand the reasons for its reluctance to take action against young people but we need to have regard to the safety of children and others on our roads. I am particularly concerned about elderly pedestrians, for example.

We need to address the sale and distribution of mini-scooters and mini-motorbikes. There are obligations on the distributors and retail outlet staff in this regard. What do they tell their customers? Do they sell directly to people under 16? After addressing the sale and distribution of mini-scooters, we need to address their use. To what guidelines is the Garda operating? Is it illegal for a person under 16 to use these vehicles on public roads? Can we offer safer, off-road sites where mini-scooters and mini-motorbikes can be used?

Finally, we must address the sale and distribution of petrol. Is it illegal to sell or supply petrol to a person under 16? If so, do the garages' staff know of the relevant stipulation? I would like to see the law in this area enforced and effective public notice given.

Mr. Callely

I thank Deputy Upton for raising this issue. I welcome the opportunity afforded to me to re-emphasise the risks and possible offences associated with the use by children of motorised mini-scooters and other small types of motor propelled vehicles. The Government's concern over protecting young people from the improper use of motor vehicles predates this debate. The Road Traffic Act 2004, which was enacted before Christmas, makes it an offence to supply a mechanically propelled vehicle to a person under 16 years of age. With effect from 24 January 2005, a person convicted of supplying a vehicle to a minor faces a fine of up to €3,000 or a term of imprisonment of up to six months or both.

It is important that it be widely known that mini-motorised scooters, micro-motorcycles and quadricycles come within the definition of a mechanically propelled vehicle for road traffic law purposes and that supply includes giving a gift. As a result, it is illegal to supply such a vehicle to a person under 16 years of age. A range of requirements must be satisfied for both the vehicle and the driver to use a mechanically propelled vehicle in a public place. When in use in a public place a vehicle must comply with the requirements of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002 and the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996.

These regulations prescribe the requirements for essential matters such as brakes, steering, mirrors, safety glass, wipers, headlamps, rear lighting, indicators, reflectors etc. Some of these small vehicles do not comply with one or more of these requirements and are, therefore, not suitable for use in a public place irrespective of the age of the driver.

A driving licence is required to drive a mechanically propelled vehicle in a public place. A person under 16 years may not hold a driving licence or a provisional licence. The minimum age for a driving licence for vehicles of category M, which covers mopeds and small motorcycles, is 16 years while for a category B licence, which includes quadricycles, the minimum age is 17 years.

It is a further requirement of road traffic law that to use a mechanically propelled vehicle in a public place the driver has third party insurance cover to meet personal injury and property damage caused by negligent driving. The penalties for breaches of the road traffic law in respect of these requirements are a fine not exceeding €800 in the case of a first offence, a fine not exceeding €1,500 in the case of a second or subsequent offence and a fine of €1,500 or a term of imprisonment not exceeding three months, or both, in the case of a third or subsequent offence in a period of 12 consecutive months.

A person convicted of driving without insurance incurs five penalty points on his or her driving licence. Enforcement of the road traffic law is a matter for the Garda Síochána. In addition to the requirements of road traffic law, a mechanically propelled vehicle for use in a public place is required to be registered and liable to motor tax, which are matters for the Revenue Commissioners and the Minister for the Environment, Heritage and Local Government, respectively.

Road traffic law does not extend to the use of mechanically propelled vehicles in private property. It is, therefore, outside my remit to regulate or control the use of mechanically propelled vehicles in private property. There is, therefore, a wider dimension to this issue which has to be addressed by parents and guardians of children. I expect parents and guardians to act responsibly and with due diligence in the use of small mechanically propelled vehicles by children under their care.

The use of mini-motorcycles, scooters and quadricycles has increased substantially in recent years. They can be used on public or private roads. In an area which I visit farmers use quadricycles where heretofore they might have used a horse or tractor to cover rough terrain.

A quadricycle may be used mostly on private property except to cross a public road in travelling around that property. The law is quite clear on this, if the quadricycle is driven on private property that is a matter for the landowner. On public property, however, the issues I have outlined prevail, namely, the requirement to adhere to the various regulations in place.

I allowed my children to use these vehicles but had to ensure that they did so on private property. I concur with the Deputy's view on the potential for serious injury, particularly in light of the recent accident involving one. There is a wider dimension to this issue which parents and guardians must address. I will be happy to discuss this with the Deputy at some other time.

Garda Investigations.

Mr. Gregory

I have raised on several occasions in this House the murders of Sylvia Shiels and Mary Callinan in Grangegorman in March 1997. The murders shocked the country and caused great anxiety and concern in the area of Dublin where they occurred. They were probably the most horrific and brutal murders of recent times.

It would be difficult to imagine two more vulnerable victims than these two unfortunate women living in sheltered health board accommodation in Grangegorman. If for no other reason than the extreme callousness of the murder of these two innocent people, this case should be brought to finality, the person or persons responsible prosecuted and justice seen to be done.

For that reason and because I am one of the local Deputies for the area I feel I must support the plea made on RTE's "Morning Ireland" programme this morning when Stella Nolan, the sister of Sylvia Shiels, one of the victims, requested a full explanation and-or an independent inquiry into the Garda handling of this case. There have been at least two major issues involved, one being the miscarriage of justice involving the late Dean Lyons, the person first charged with the murders. The Garda Síochána today issued a full apology and cleared his name, and his parents have accepted that apology. For them this has brought finality to the tragedy. Out of respect for their feelings, I will say nothing further about that aspect of the case.

The sister of one of the victims is at the very least entitled to a comprehensive explanation as to why no one was subsequently charged with the two murders. Stella Nolan pointed out that investigative journalists have written a great deal about this case but the Garda told her that information is not correct. That seems to be all the Garda Síochána will say.

Jim Cusack, in an article in The Irish Times in September 2000, quoted in great detail apparently from a statement made by Mark Nash, the second person to admit to the murders. Nash described in precise detail the knife used and the pattern on the sole of his boots, a footprint of which the gardaí are said to have from the crime scene. Jim Cusack went on to quote Nash giving further details of the crime scene which apparently were known only to the investigating gardaí and the killer.

Why was Nash not charged with the crime at that point? He later withdrew his confession. The very least that can be said is that the Garda made an appalling mess of the investigation of this terrible crime. I am aware of the internal Garda inquiry into the case but regrettably this has not been made public.

We do not know the extent of the Garda mismanagement of the case or whether procedures have been put in place to prevent the same thing happening again. Stella Nolan states that the Garda have told her only that their investigation is ongoing. Is it any wonder that she describes it as an ongoing investigation going nowhere? The buck stops with the Minister for Justice, Equality and Law Reform, Deputy McDowell. If charges cannot be brought against the main suspect, surely the reasons for this should be fully outlined to the immediate relatives of the victims. Not doing so gives the impression that the Garda has something to hide and adds to the distress and sense of loss of the relatives.

In the absence of a comprehensive explanation, Stella Nolan is fully justified in seeking an independent inquiry. The Minister must take steps to redress this problem. This case should not be left ongoing or swept under the carpet. I pay tribute to Stella Nolan, who, like the sisters of Robert McCartney, demands that justice be seen to be done. In both circumstances the families deserve to see justice done. This is a matter of significant public concern to warrant an inquiry under the Commissions of Investigation Act 2004.

Mr. Callely

I thank Deputy Gregory for raising this issue and convey the regrets of the Minister for Justice, Equality and Law Reform who is unable to be here for this debate because he is abroad on public business.

The murders of Sylvia Shiels and Mary Callinan on the nights of 6 and 7 March 1997 as they lay asleep in their beds were particularly brutal and merciless and provoked universal revulsion. I was aware of the murders because I was involved in the then Eastern Health Board and expressed my revulsion at the time in that forum.

The Garda Síochána today issued a public apology to the family of the late Dean Lyons, exonerating him of any wrongdoing in connection with the horrific murders of Sylvia Shiels and Mary Callinan. The Minister and I can only hope that this sincere apology will assist to bring closure on the matter to the Lyons family. I am happy to note from what I hear in the media that the Lyons family is satisfied with the Garda apology.

The Minister for Justice, Equality and Law Reform has outlined the facts of the case to Deputy Gregory on a number of occasions. However, once again, the relevant facts as notified to me by the Garda authorities are as follows. Ms Sylvia Shiels and Ms Mary Callinan were brutally murdered at Grangegorman in March 1997. In July of the same year, the late Mr. Dean Lyons made a full confession to investigating Garda officers of his alleged guilt in the double murder. This confession was recorded on audio-visual tape. Later the same day, he made a further detailed admission of his alleged involvement in the murders. This second interview was not audio-visually recorded at Mr. Lyons's request.

Following consultation between the Garda and the Office of the Director of Public Prosecutions, the person in question was charged with one of the murders at Grangegorman. In August 1997, another person, who had been arrested and detained during the investigation of another double murder in County Roscommon, made a confession in regard to the Grangegorman murders. That person later retracted the admissions. As a result of the admissions made by the second person, the Garda Commissioner appointed an assistant commissioner to review all available evidence in regard to these murders. The Garda authorities have stated that the investigation indicated that Mr. Lyons did not commit the murders in question. It also concluded that the manner in which Mr. Lyons had been interviewed in regard to the case was in compliance with the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 which came into effect on 1 March 1997.

Following completion of this inquiry, a report was submitted by the Assistant Commissioner to the Director of Public Prosecutions. In April 1998, after consideration of the report, the DPP decided that criminal proceedings against Mr. Lyons be discontinued. In July 1999, Mr. Lyons presented a signed and witnessed statement denying any involvement in the Grangegorman murders. Having considered the file submitted to him by the Garda Síochána in regard to the second individual who had confessed to the murders, the DPP decided that no prosecution should take place.

When the DPP decides not to prosecute in a particular case, the reasons for the decision are given to the State solicitor and the investigating gardaí. The director has stated that it is policy not to disclose this information otherwise. The policy has been upheld by the Supreme Court. As the House is aware, the function in regard to the prosecution of alleged offences is the responsibility of the DPP who is independent in the exercise of his functions. It would, therefore, not be appropriate for the Minister or me to intervene or comment on his decisions.

As the Deputy is aware, solicitors representing the sister of one of the murder victims, Ms Sylvia Shiels, has asked the Minister for Justice, Equality and Law Reform that there be a fully independent public inquiry into the circumstances surrounding Ms Shiels's death and grounds this request on the protections afforded by the European Convention on Human Rights. The Minister has previously outlined to this House that, following consultation with the Garda Síochána and the Attorney General, he is not satisfied of the potential effectiveness of a full public tribunal of inquiry. However, in view of the matters raised by the solicitors involved and to assist the Minister in his consideration of the request, he has asked the solicitors to outline in further detail the reasons they consider a public inquiry to be necessary. A full response has not yet been received by him. I invite Deputy Gregory to make a similar submission to the Minister if he so wishes.

The criminal investigation into these two brutal murders is ongoing and the release of any report on the conduct of the investigation into the public domain would be inappropriate at this stage. I hope this is somewhat helpful to Deputy Gregory, particularly in light of the fresh information I have given to the House this afternoon.

School Staffing.

Mr. Hogan

I thank you the Ceann Comhairle for allowing me to raise the matter of the additional teaching staff required for Urlingford national school, County Kilkenny. Urlingford national school has ten teachers, including an administrative principal, a shared learning support teacher and a full-time resource teacher. At the moment the school has seven class teachers for 196 children and eight streams, giving an average of exactly 28 children per class. However, due to the necessity to divide a class and to minimise disruption in the school, there are two mixed classes — second and third class — with 34 children and a third and fourth class with 35 children. These are real figures that belie the pupil-teacher ratio figures we regularly hear about from the Minister for Education and Science. Technically, the pupil-teacher ratio of the school could be reckoned at 19.6:1 but the reality is much different.

The parents have been in contact with all public representatives in the area to highlight this matter. The current staffing numbers mean that a school the size of Urlingford national school would need another 13 children to gain another class teacher. In light of recent announcements by the Minister for Finance in the Book of Estimates, I hope the Minister for Education and Science will give priority to dealing with this difficulty which is caused by the fact that the particular class is to be divided. The Minister will understand that lower class sizes can only be achieved in a particular way in this school.

Will the Minister take account of the particular difficulties in Urlingford national school, which have been reflected in correspondence to the Department by the parents' council? I believe that public representatives generally would appeal to the Minister for Education and Science to resolve the school's dilemma in providing the best possible education to the children of Urlingford national school.

Mr. Callely

I thank Deputy Hogan for raising this matter and will relay to the Minister the position he put forcefully. I thank him for this opportunity to outline to the House the position of the Department of Education and Science concerning staffing in primary schools, including Urlingford national school.

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous year. The number of mainstream posts is determined by reference to a staffing schedule which is finalised for a particular school year following discussions with the education partners. The staffing schedule is set out in a circular which issues from the Department of Education and Science to all primary school boards of management. Accordingly, all boards are aware of the staffing position for their school in any school year.

Urlingford national school had an enrolment on 30 September 2003 of 196 pupils which warranted staffing for the 2004-05 school year of a principal and seven mainstream teachers. The school also has the service of a resource teacher and a shared learning support teacher. According to data submitted to the Department of Education and Science by the board of management, the enrolment of the school on 30 September 2004 was 197 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure in accordance with the agreed staffing schedule which is expected to be notified to boards of management in March 2005.

Urlingford national school is included in the rural dimension of Giving Children an Even Break. The school benefits from supplementary funding to provide additional educational supports for the children concerned. The Department has engaged in an overall review of its educational disadvantage programmes with a view to building on what has been achieved to date, adopting a more systematic, targeted and integrated approach and strengthening the capacity of the system to meet the educational needs of disadvantaged children and young people. Any decision to expand or extend any of the initiatives aimed at addressing educational disadvantage is being considered in the context of this review, the outcome of which my colleague, the Minister for Education and Science, Deputy Hanafin, hopes to announce shortly.

I can confirm that the special education section of the Department has no outstanding applications for special needs resources from the school in question. However, if any applications for special needs resources are received, they will be considered in accordance with the Department's criteria.

I hope that is somewhat helpful. I will ask the Minister, Deputy Hanafin, to keep Deputy Hogan informed of progress in this regard.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 1 March 2005.

Dáil Éireann debate - Thursday, 24 Feb 2005