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Dáil Éireann debate -
Thursday, 6 Dec 2007

Vol. 643 No. 2

Other Questions.

Aviation Regulation.

Emmet Stagg

Question:

6 Deputy Emmet Stagg asked the Minister for Transport if he plans to reform the Commission for Aviation Regulation; the changes he is considering for the Commission for Aviation Regulation; and if he will make a statement on the matter. [32802/07]

EU legislation relating to air navigation services, known as the Single European Sky, SES, legislation, requires that there be functional separation of the activities of air navigation service provision and regulatory oversight of those services. This requirement for functional separation has been implemented by the Irish Aviation Authority.

However, in implementing SES legislation, most EU member states have provided for institutional separation of air traffic management service provision and regulatory functions. Ireland is currently one of only four member states not to effect full institutional separation.

My Department is reviewing whether changes are necessary in the Irish context. As part of the ongoing review, the possibility of incorporating the Commission for Aviation Regulation, CAR, into a new regulatory structure is under consideration. In addition, as the regulatory framework for all civil aviation in the EU develops, the role of the Commission for Aviation Regulation will be kept under ongoing review.

This question was prompted by the fact that the chief executive of Ryanair, Michael O'Leary, has said that the budget of CAR should be slashed and its staff numbers cut by half. Does the Minister agree with this view? Alternatively, is it the case that additional resources should be given to CAR? I understand that something like one half of its staff are busy with various lawsuits emanating, in particular, from Ryanair. How does the Minister view its current operational level?

Is the Minister concerned that recent statistics show that Irish airlines are the most complained about airlines in Europe, accounting for one quarter of all passenger complaints in the EU, with 70% of those, in effect, relating to Ryanair? Does the Minister welcome the fact that Cathal Guiomard, the Commissioner for Aviation Regulation, published an interesting advertisement in national newspapers today which has the heading "Air passengers have rights" and which shows the rights to which air passengers are entitled, such as sustenance and accommodation where there are overnight delays on flights? Does he welcome the fact that the commissioner has now issued 53 final warnings to carriers flying out of Irish airports to ensure that passengers receive their full rights?

I, of course, welcome any action taken by the regulator to ensure that airline customers get the kind of service they should receive. If I thought the regulator's office was overstaffed or overpaid, I would do something about it. I have no plans to do that. As I said in the body of the answer I gave, we are looking at whether we should continue with the current situation where safety and regulation are kept together. We are one of four countries where this pertains. Most other countries have gone for the full separation. If that arises, obviously, there might be some need for rearranging or reorganisation but that would be done in that kind of context. I am sufficiently satisfied that the commissioner needs the staff he has and that he is doing a good job.

In respect of the budget, did the Minister put in any additional resources? My final point may touch on another question.

I would rather the Deputy did not make that point.

Did the Minister give any additional resources to CAR, taking into account inflation, in the budget?

I gave no resources other than resources for ELS. There have been discussions in recent years and the number of staff has gradually increased, as Mr. O'Leary has noticed. It is at about optimum level. Obviously, if more responsibilities were given to it, we would have to review that. If changes were made and some functions were taken away, one might give it other ones. I am satisfied that it has sufficient staff to look after the area.

Light Rail Project.

Jan O'Sullivan

Question:

7 Deputy Jan O’Sullivan asked the Minister for Transport his views on proposals for the development of a light rail system for Limerick city; and if he will make a statement on the matter. [32798/07]

Deirdre Clune

Question:

48 Deputy Deirdre Clune asked the Minister for Transport the steps he has taken or intends to take to conduct a feasibility study into developing a Luas style light rail transit system for Cork and other cities outside Dublin and a timetable for same; and if he will make a statement on the matter. [30363/07]

I propose to take Questions Nos. 7 and 48 together.

My Department has agreed with Limerick local authorities that the terms of reference for the proposed Limerick planning, land use and transportation study will include an examination of the feasibility of introducing light rail transit and-or bus rapid transit. I understand that Limerick local authorities hope to engage consultants by the end of April 2008 to work on this study.

The Cork local authorities have, in recent weeks, commissioned consultants to update the Cork area strategic plan. At the request of my Department, the terms of reference for this update include a requirement that the review of the transportation strategies should include consideration of the feasibility of introducing light rail transit or bus rapid transit.

My Department is in discussion with the local authorities in Galway and Waterford about arrangements for studies, similar to those for Cork and Limerick, to be carried out in their areas. I raised the matter with Galway City Council recently.

I warmly welcome the Minister's reply. Has he seen the proposals for Limerick published in the Irish Examiner? This proposed a line from Raheen through Castletroy and Cahirdavin, linking to UL. Is that the approach we could pursue in Limerick and Cork, where the Green Party made a commitment to a Cork Luas before the election?

I was shocked to receive a circular from the track and signalling reports of Iarnród Éireann. The report, WC 3270 of 11 November 2007, states that signalling on the Limerick to Foynes line was to be cut forever. If it was to be reconnected it would cost €2 million to €3 million. Is the decision to disconnect the Limerick-Foynes rail link from the national network totally opposed to policy in respect of Transport 21?

The Deputy is going outside the question.

It is the same thing because this line could be part of the Limerick regional system. It is an astonishing decision in light of the Minister's comments on encouraging rail freight.

The Department has agreed with the Limerick local authorities that the terms of reference of the land use and transportation study will include this study on light rail transit and rapid bus transit. Not much progress has been made on priority or quality bus corridors. The council is willing but the public is not responding. Much work remains to be done.

I have not examined the detail of the proposal but I am committed to seeing these studies finished and action happening. In anticipation of an increase in population the area strategic plan of Cork is being updated and will be completed by July 2008. That will give Cork an opportunity for new public transport systems.

I was impressed with Galway because the local authorities have a clear idea of where to go. We referred previously to the bus strategy. A dedicated unit has been set up to make progress on the issue and is part financed by my Department. I asked officials in my Department to invite the four managers to my Department to let them know my commitment to this issue.

I welcome the commitment and determination of the Minister, local authorities and statutory bodies to provide adequate public transport systems outside the city of Dublin. The footprint of cities such as Cork and Limerick has changed, with fewer people living in the cities and more living on the outskirts. We need a proper transit policy. I welcome Deputy Clune's question and the response.

I received the same e-mail as Deputy Broughan from the United Kingdom. I checked it out and discovered there has not been a train to Foynes in 20 years. The matter did not have the urgency I thought it did.

We need a proper public transport policy in our cities. Everyone must work together. The Minister suggested the public does not want it but this may change when people see the effectiveness and cost comparisons. Quality bus corridors and public transport are the only way forward in view of carbon emissions from cars.

I agree with Deputy O'Dowd. There is a focus on these four cities because they are cities and because of commitments in the programme for Government. I encourage as many local authorities as possible, in places such as Drogheda, Dundalk and Navan, to consider these opportunities. The scenario has changed fundamentally. The footprint of Cork city, to which Deputy O'Dowd referred, is replicated across the country. The public transport providers, from management to drivers, must come to terms with this and become more flexible in how they provide services to customers.

I accept that Foynes was on a care and maintenance contract. I have had this discussion about rail freight several times since representing the Labour Party in this portfolio. When Todd Andrews slashed the rail system, major elements of the programme were crazy. We are the posterity that must redo what he destroyed. Should the Minister not ask the chief executive, Dick Fearn, and Dr. John Lynch what they are up to in removing a link that could have been reactivated?

I will raise the matter. I did not mean to ignore the question. I will not discuss the decision but, more generally, policy on rail freight is a matter I will raise.

I agree with the Minister's point on examining other cities and towns. In Drogheda, where I live, the main street has been pedestrianised. People must realise that we can no longer bring cars into the centres of cities and towns. A few years ago in San Francisco I noted that no planning permission is granted for buildings with car parking provided. Instead, a contribution is made towards public transport. That city has an effective underground system. We must forget about cars. Strategically located car parks around town centres, which should be tax incentivised, would make a big difference.

Airport Development Projects.

Fergus O'Dowd

Question:

8 Deputy Fergus O’Dowd asked the Minister for Transport his plans for the operation of terminal 2 in Dublin Airport; if the operation of this terminal will be put out to tender; and if he will make a statement on the matter. [32938/07]

The Government decision of May 2005 on the aviation action plan envisaged a tender process being held in relation to the operation of the second terminal at Dublin airport. Now that the planning issues relating to the terminal have been settled and construction has started, I anticipate that the design and running of an appropriate tender process will proceed next year. The tender process will have to be structured so as to ensure the schedule for the opening of terminal 2 is adhered to.

This is an issue raised by the Commission for Aviation Regulation in its submission to the Department. The terminal will carry 15 million passengers per year and, including the associated works, will cost over €600 million. It will be a unique location, one of two in Europe where one can clear US customs. It is important that it is run effectively, whether by a designated air carrier or a private consortium linked to transport carriers. It is important the Minister provides us with a timetable for the process. When will he advertise for tenders for the project?

Drafting of the tender documents is already under way. It is intended that this documentation will be finalised by the first quarter of 2008. The procedure should take approximately 12 months. The first part of 2008 will largely be taken up with the design of the tender process and various other procedures that have to take place, including notifications to the Official Journal of the European Union, and so on.

The question raised by the Deputy is also a matter of concern for me. T2 is scheduled to be operational in early 2010. The tender process is being geared towards ensuring that this will not be held up by a delay in appointing the operator.

The Commissioner for Aviation Regulation, Cathal Guiomard, stated that airport charges are likely to rise by 22% between 2010 and 2014 to pay for T2. Does the Minister expect that this will happen and will these increases be similar to those that occurred recently in respect of long-stay charges? When T2 is operational, will there be any excess capacity? Has the Department considered what will be the ultimate size of the development? The authorities at Heathrow have stated that its passenger numbers will increase to 100 million from 67 million. The numbers travelling through Dublin Airport are rapidly heading towards 30 million. Has any long-term thinking been done in respect of this matter?

The Commissioner for Aviation Regulation has not made a decision in respect of charges post-2010. He has indicated that the T2 project will have some impact but it would not be right for me to second guess him. The commissioner's aim is to ensure that the airport can operate in the most economically efficient manner possible. He also has a role and a remit in the context of protecting consumers. On the one hand, the airlines have stated that the increases he is giving are too high while, on the other, there are those who say the needs of consumers are not being adequately considered. The truth probably lies somewhere in between. One can never win when one is a regulator.

I am informed that the Deputy's figures in respect of capacity — namely, that passenger numbers at the airport are heading towards 30 million — are not incorrect. The airport is being developed in such a way as to allow it to cater for this number of people by 2015 or thereabouts. The total capacity should be approximately 33 million. As we near that, and even with second runways, and so on, it would be necessary to query how much more capacity could be added. The latter will be considered as part of a process that will be entered into at that point. The capacity being provided will be sufficient for the short to medium term and there are those who would say that it will also probably be adequate for the longer term.

The Deputy also referred to excess capacity. It would be reasonable to ask what constitutes excess capacity. If we complete the various envisaged projects and five or ten years' worth of spare capacity is created, we must ask if this is this excess capacity or is it merely planning for the future. The debate and arguments in respect of this matter have been ongoing for some time. I tend to favour the view that infrastructure should be provided, to the greatest extent possible, in anticipation and without wasting taxpayers' money.

Public Transport.

Deirdre Clune

Question:

9 Deputy Deirdre Clune asked the Minister for Transport the number of buses he will provide to the Cork area under Transport 21; the number of those that are replacing old buses; the number that will be extra buses over the current level; the timetable for their delivery; and if he will make a statement on the matter. [30362/07]

My Department approved total funding of €73 million — in September 2006 and April 2007 — towards the purchase of 235 new buses by Bus Éireann. I understand that Bus Éireann is in the process of taking delivery of the new buses on a phased basis. The deployment of buses, including the new vehicles, is a matter for Bus Éireann and I have no function in the matter.

Will the Minister indicate how many of these are completely new buses not meant to replace older vehicles?

I understand that of the 235 buses, 166 are replacement vehicles and 69 are new. A total of 117 are expected to be delivered by the end of December. The balance will be delivered early in 2008.

State Airports.

Frank Feighan

Question:

10 Deputy Frank Feighan asked the Minister for Transport the progress to date in the restructuring of the State airports; the date he foresees independent Cork and Shannon Airports; and if he will make a statement on the matter. [32906/07]

Tom Hayes

Question:

54 Deputy Tom Hayes asked the Minister for Transport his views on the future of Cork Airport and the management of its debt; and if he will make a statement on the matter. [32930/07]

Emmet Stagg

Question:

68 Deputy Emmet Stagg asked the Minister for Transport when Cork and Shannon Airports will become fully independent; the issues that have still to be resolved in statutorily separating Cork and Shannon Airports from the DAA; the position on the burden of debt on Cork Airport; and if he will make a statement on the matter. [32801/07]

I propose to take Questions Nos. 10, 54 and 68 together.

The State Airports Act 2004 provides the framework for the establishment of Shannon and Cork as independent airports. Under the Act, both the Minister for Finance and I must be satisfied as to the state of operational and financial readiness of the three airports before any vesting of assets can take place.

The timing of airport restructuring will depend on creation of the appropriate conditions that will ensure the financial sustainability of each of the three State airports. The restructuring process will require coordinated strategies to achieve the operational and financial readiness of each airport. In this regard, the Dublin Airport Authority, DAA, has a key role to play in finalising the financial framework and co-ordinating the individual business plans for the three airports that will enable separation to take place.

The Shannon Airport Authority, SAA, recently submitted its draft business plan to the DAA and I understand that discussions have commenced between the DAA and the SAA on the content of the plan. In parallel with this process, I expect a similar engagement to occur between the Cork Airport Authority, CAA, and the DAA relating to the Cork Airport business plan, a draft of which was submitted to the DAA in recent days.

The debt issue is clearly crucial to the Cork business planning process and there will have to be agreement on this point between the Cork Airport Authority and the Dublin Airport Authority before the Cork business plan can be completed and submitted to the Minister for Finance and me. The Government's position is that the funding of the new terminal and other works at Cork Airport will have to take account not only of what is commercially and financially feasible for Cork Airport, but of what is commercially and financially feasible for the Dublin Airport Authority.

Subject to satisfactory progress being made on the plans, I await the DAA's overall considered views on airport separation to enable the plans to be examined by the Minister for Finance and me. Only then will I be in a position to consider the timing and sequencing for the restructuring of the three State airports.

The independence of the State airports is a serious issue, particularly as it relates to their future financial viability. The critical issue that arose in respect of the Shannon slots and the role of the Dublin Airport Authority in not informing its subsidiary, Shannon Airport, as to what was happening has raised serious questions regarding the future of the region. If the Shannon Airport Authority had been independent, I presume the Minister's Department would have contacted it and alerted it to the significant changes that would result from the decision made by Aer Lingus.

The State Airports Act has been in place for three years. That is a long period for this matter to have dragged on. That Shannon Airport is not independent has brought about serious repercussions for it in the context of the Aer Lingus decision. It is unforgivable and unacceptable that the Dublin Airport Authority did not inform Shannon as to the nature of that decision.

It is intended that these airports will compete for new business, particularly in the context of the open skies policy, in the future. The Shannon region is believed to be under significant threat unless a viable business plan is brought forward in respect of its airport. In addition, everyone, including the Government, must row in and draw up a new overall plan in respect of Shannon and Cork.

It was announced in budget that funding for regional airports will increase by approximately €20 million. Is any of that money meant for either Shannon or Cork? I accept that neither of them might be perceived as regional airports.

The amount in the budget for regional airports does not apply to Shannon and Cork Airports, which are State airports. The Shannon Airport Authority has submitted its plan and the Government could do nothing about restructuring until it was submitted. Discussions have taken place between the SAA and the DAA, with progress being made. If agreement is reached, the DAA will make a submission to the Government and the Minister for Finance and I will consider it. We will make a decision without undue delay. The same procedure applies to Cork. The CAA has to submit its business plan, which I think has been done. The DAA will then have a look at it.

There are two quite distinct issues involved for these airports. Shannon Airport is as it was, but there has been substantial investment in Cork in the past few years. Without taking the land into account, the assets there are valued at €360 million and the discussion has been about the wish of the CAA to be debt free. From the point of view of the DAA, there are huge investments that must be made in Dublin and it cannot agree to a plan which affects its financial status and business borrowing. The DAA must provide the facilities at Dublin Airport. I hope that both sides can come up with an agreement.

Is it not the case that the board of Cork Airport has submitted a plan that would include carrying a debt of €60 million? Some board members are anxious that the debt would be no more than €20 million. Has the Minister any definitive information in that regard? Is it not the case that the DAA wants Cork to carry up to €100 million in debt?

The Joint Committee on Transport spent about four hours last week examining the debacle about Shannon Airport. It is one of the great mysteries of our time that when the Minister met four aviation area principal officers for a couple of hours upon taking up his new role, the Shannon slots issue did not come forward for discussion. It is an incredible mystery and we may never get to the bottom of it. Given that we are in the situation we find ourselves, why did the Minister not respond yesterday in the budget to the €53 million package put forward by the Shannon business community? Deputy Jan O'Sullivan has raised it many times in the House. That money would be used for route support or marketing support and it would enable Shannon Airport to be in the position where it can become truly independent and viable. We searched the whole budget for that €53 million and went through all the related Departments, yet we could not find any of the money. I thought this would be one of the positive aspects of yesterday's budget, but there was nothing.

Many of us in Opposition, with very little resources, have been trying to tease out the possibility of having some kind of PSO in conjunction with the British Government, as part of the development of the peace process, whereby if Belfast was to be facilitated, Shannon could get back some of its slots. We believe that this is possible under European legislation. Deputy O'Dowd and one of his colleagues have argued this very strongly.

Is the Minister aware of the concern expressed by many workers at Shannon Airport that if the independence of the airport is handled badly, and if the Government fails to support Shannon properly in its future plans, we could end up with vicious cost cutting in the future? This will have grave repercussions for the jobs of workers in Shannon, which has always been a growthcentre.

The report to which the Deputy refers was drawn up by groups in the mid-west as part of a consultation process on a document prepared by the Department of Transport on foot of the open skies policy. It was basically a request for €44 million in market support and €9 million in route support for Shannon. I have explained on many occasions that it cannot be done because it against EU state aid rules to provide any money for a scheme of that nature.

How can the French do it? Monsieur Sarkozy would do that.

It is illegal and we would not get away with it. The €44 million sought in market support is equivalent to the entire Tourism Ireland budget. We are providing about €2 billion in transport infrastructure in the Shannon region. About €13 million is being provided for broadband roll-out. The DAA has invested about €100 million in Shannon Airport in the past four or five years. The area is being well supported.

The matter of a PSO for the Shannon to London route is being pursued by the Department with the EU. We must first find out whether the EU would favour this kind of route. The normal PSO is from peripheral regions within a country. We would have to get approval from the British Government for this and I am not sure how forthcoming that would be for flights into London Heathrow.

The Transport Minister there is an Irish woman.

Shannon Airport Authority wants independence and provided we can come up with a plan, it should get it. It must stand on its own two feet subsequently. There will be an open, competitive environment and restrictive practices of any nature will have to end.

I think there are 252 PSOs allowed in Europe at the moment. There is no reason Shannon cannot have one. Notwithstanding the fact that it is a State airport, Shannon is a badly served region in terms of connectivity.

We have six of those PSOs on different routes, so we are familiar with the concept. However, they are basically from peripheral regions within the country to a more centralised location. From that point of view, it is different because we would have to get approval from another Government if flights were going to another jurisdiction. That is only the part of the process.

Road Traffic Offences.

Michael Creed

Question:

11 Deputy Michael Creed asked the Minister for Transport the progress to date in the implementation of penalty points to those who hold non-Irish driving licences; and if he will make a statement on the matter. [32890/07]

Denis Naughten

Question:

34 Deputy Denis Naughten asked the Minister for Transport the steps he will take to attach penalty points to persons holding a licence other than an Irish driving licence; and if he will make a statement on the matter. [28597/07]

I propose to take Questions Nos. 11 and 34 together.

I am conscious that enforcing penalties for road traffic offences on foreign registered drivers raises many legal, organisational and procedural issues, which make it very difficult for any one State to enforce such penalties. For that reason, my Department is pursuing this question at European, British-Irish and North-South levels where mutual recognition and cross-border enforcement possibilities are under consideration. Work is ongoing.

All drivers are subject to road traffic law and it is a matter for the Garda Síochána to enforce the law. As foreign licence holders do not have an Irish driving licence record, penalty points incurred in this State are recorded against that person on a separate record in the national driver file. Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006, SI 477 of 2006, the Road Safety Authority has responsibility for ensuring penalty points are endorsed on a licence record. Data on penalty points is held on the national driver file.

This is one of the most serious scandals in the country. Some 100,000 drivers, mainly from the North and the UK, are not subject to penalty points. When I drive to Dublin on the M1 every day, cars from Northern Ireland drive at unbelievable speeds. They are taking over the roads with impunity. What is the Minister doing about it? I am not satisfied he is doing enough. The Automobile Association recommended the Minister take driving licences from people not from the State and create a parallel account of their driving in the State. It is unacceptable and leads to many crashes.

Approximately 15% of cars from out of the State have no insurance compared to an average of 6% of Southern cars. They cause mayhem on our roads and the Minister is not acting quickly enough on this. I have attended the British-Irish Interparliamentary Union, which published a brief report on it last week. It is not good enough. We must deal with it. It is putting lives in danger. Most Northern drivers I see on our roads could not care less when they drive in this jurisdiction.

In my experience when I was Minister for the Environment, Heritage and Local Government people in Northern Ireland say the same about drivers from the Republic driving in the North.

It is not only Northern drivers coming South but Southern drivers going North.

I am concerned about trapping them here.

Northern Ireland has the lead role for transport matters in the British Irish Council, BIC, and the authorities in that jurisdiction are taking the lead in considering this issue. I have been trying to arrange to meet my counterpart in the UK. Deputy Broughan seems to know him, so he might put in a good word for me to meet the UK transport minister in January to try to move on mutual recognition of disqualifications.

The Minister has recently inherited the national driver file. Is there a system whereby all foreign drivers will be on it? How will electronic tolling operate for Northern drivers?

When somebody is convicted we have a file created on the national driver file and that person's name, conviction and penalty points are entered in it.

Could we have all the 100,000 people who drive here regularly on the file?

That is the AA's proposal.

This proposal is similar to that of the AA. I saw the article by the AA and it was sent to us as a statement for strategy. I have asked my Department staff in Shannon to examine that to see how we can improve the data and information. I would be grateful for any suggestions anybody comes up with on this. When people come in with a licence they do not have to record it here, neither do we have to have ours recorded when we go to the UK, or anywhere else.

Written Answers follow Adjournment Debate.

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