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Dáil Éireann debate -
Wednesday, 12 Nov 2008

Vol. 667 No. 1

Priority Questions.

Public Transport.

Fergus O'Dowd

Question:

82 Deputy Fergus O’Dowd asked the Minister for Transport the way the 7% cut in the public transport investment programme will affect the roll out of public transport infrastructure; and if he will make a statement on the matter. [40252/08]

The provision of increased capacity will be a key consideration in determining public transport investment priorities in the period ahead.

All of the public transport projects currently under construction will continue on schedule and some, such as the Cork-Midleton line, phase 1 of the western rail corridor and the Luas extension to the docklands, will be completed in 2009. Other public transport projects due to start shortly include Citywest Luas line, the Navan rail line and Dublin city centre resignalling.

The adjustment in capital funding for public transport investment will not have a significant effect on the roll out of the Transport 21 public transport programme and will not result in the postponement of the start of construction of any public transport project next year. The start and completion dates of public transport projects which have not yet commenced will be determined by the funding allocation available during the current difficult economic climate. The commencement dates for these projects will also be influenced by the time taken for public consultation, the relevant statutory process and the procurement and contract award processes.

I protest at the absence of my two priority questions, which the Minister refused to accept, and with no appeal to the Ceann Comhairle. They related to the €10 travel tax and also——

The Chair has no control over whether questions are accepted or not.

I accept that. That is the problem, that the Minister can arrogantly refuse to deal with the key issues of the day.

No doubt Deputy O'Dowd might refer the matter to the Committee on Procedure and Privileges.

The absence of that issue, and the question on the €200 car parking levy is not acceptable to us.

On the Minister's response to this question, I do not accept that cutting back money means that all the projects will continue as proposed. He is spending €70 million less on public transport in this year's budget than he did in last year's. Clearly, something must suffer. What are the contracts that will not proceed? Where will be the delays? Is it that Government policy is moving away from national roads into public transport? It does not make sense.

The Minister referred to these difficult economic circumstances. Now is the time to build his public transport initiatives and to fast-track joining up the Luas lines. It is not the time to cut back.

I am afraid I cannot help the Deputy if he does not know the procedures of the House and if he does not know that tax matters are a matter for the Minister for Finance. Perhaps he might seek the guidance of the Ceann Comhairle's office on such matters.

The Ceann Comhairle does not have a role in this. The Minister refused to take the questions.

Stick to the questions that are properly before the House, please.

The information I have given to the Deputy is accurate. I have stated that the public transport projects currently under construction, such as the Cork-Midleton line, phase 1 of the western rail corridor and the Luas extension to the docklands, will continue on schedule. We will complete those in 2009. We will start the Citywest Luas line, the Navan rail line and Dublin city centre resignalling project. That is what is committed.

The projects already under way and continuing include the Cherrywood Luas line, the Kildare route project, the integrated ticketing project, the Luas capacity enhancement with two new trams, rolling stock and the intercity railcars. The ongoing programmes include the railway safety programme, removal of speed restrictions on railways, road-crossing automation on railways, Dublin traffic management, provincial cities bus priority, park and ride and accessibility for those mobility impaired. All of those are continuing.

As I mentioned, public transport projects that will begin shortly include the Luas extension to Citywest, phase 1 of the Navan rail line from Clonsilla to Pace and the Dublin city centre resignalling. Planning will continue on the metro north, the metro west, the Lucan Luas line, the Luas line BXD St. Stephen's Green to Liffey junction, the DART underground and electrification programme, the Maynooth rail line development, phase 2 of the Navan rail line, and phases 2 and 3 of the western rail corridor. All are continuing. All commitments are being met during the course of 2009.

The sums do not add up. I repeat that the Minister is spending €70 million less on public transport initiatives and new works. Clearly, there are cutbacks, there are delays or there are contracts not being signed. Is it perhaps that Dublin Bus will not get the buses it is expecting? It got 100 buses so far this year and it is expecting another 100. In the fine print of the budget there are things going on and the Minister is not being transparent and open about them here today. I do not accept his reply.

I also do not accept what the Minister stated about the role of the Ceann Comhairle. In the priority questions to the Department, the Minister alone is the person who decides whether they are accepted or not——

We will stick to the questions before us.

——without reference to me, to Deputy Broughan or to the Ceann Comhairle. The Minister has refused to face the arguments on the travel tax and on aviation policy, which will bank up.

These matters are not properly before the House.

Aer Lingus will lose €30 million on this.

Did Deputy O'Dowd table the questions to the Minister for Finance?

The Minister is refusing to debate them here.

A final reply, an tAire.

Of what is the Minister afraid?

Did Deputy O'Dowd table the question to the Minister for Finance to whom it properly relates?

I tabled the question to the Minister, Deputy Dempsey.

If the Minister would put his remarks to the Chair as well——

These are the transport initiatives in the budget.

——and if Deputy O'Dowd would resume his seat——

We are entitled to raise them with the Minister because he is the competent or incompetent Minister, as the case may be.

——I will call on the Minister to make a final reply.

Clearly, Deputy O'Dowd, in his short time in the House — is it seven years? — has not learned the procedures of the House.

I am happy to have spent the seven years here.

The Deputy is a very slow learner in these matters.

I will repeat for the Deputy, if he wants, the various projects committed to and being proceeded with in 2009. Budget provision is made for them all to advance and there is no change in that regard. If the answer does not suit the Deputy, that does not make it wrong.

Road Safety.

Thomas P. Broughan

Question:

83 Deputy Thomas P. Broughan asked the Minister for Transport the number of actions under the Road Safety Action Plan 2007 to 2012 that have been successfully implemented to date; the estimated completion deadline for each action of the Road Safety Action Plan 2007 to 2012; the reason targets under the Road Safety Action Plan 2007 to 2012 have already been missed; and if he will make a statement on the matter. [39830/08]

The primary purpose and aim of the road safety action plan is to save lives and reduce injuries on our roads, by reducing fatalities to no more than 60 fatalities per million or 252 fatalities per year. This primary action of saving lives is supplemented by 125 other specific actions, designed to bring about the objective expressed in the primary action.

The strategy is being successfully implemented. Thankfully, we have seen a marked reduction in the number of people killed on our roads in 2007 and to date this year, despite the fact there has been a 40% increase in the number of drivers and a 70% increase in the number of vehicles on our roads over the ten years to 2007. According to the European Road Safety Performance Index, PIN, programme, Ireland is now ranked in the top ten best performing EU countries for road safety performance.

Action 83 of the strategy is for the Road Safety Authority to report to me each year on the implementation of the 126 actions in the strategy, all of which identify the lead agency responsible for implementation and a target implementation date. Both the Minister, Deputy Dempsey, and I have received that report and the authority has confirmed that all actions in the strategy identified for completion in 2007 have been completed in full. These include publication of a revised Rules of the Road, road safety awareness events, integration of RSA enforcement activity with An Garda Síochána and Customs and Excise and publication of various consultation documents, including one on compulsory training for motor cyclists. In the coming weeks we will bring that report to the Cabinet sub-committee on road safety which is chaired by the Minister, Deputy Dempsey. Subsequently, I envisage that the report will be publicly available.

It is of course the case that work has already begun on other actions in the strategy which have a longer timeframe for completion, for example, the introduction of a lower blood alcohol level for drivers — action No. 76 — which will be included as part of the road traffic and transport Bill, which we hope to see published early next year. Provisions relating to mandatory alcohol testing of drivers at collisions — action No. 75 — will also be included in that Bill.

I protest at the disallowance by the Minister for Transport of eight or nine questions, including one on the new air travel tax.

This exercises our constituents and is a transport matter. I asked the Minister whether he was consulted on it. I do not want to cut into the time allotted for this question but will the Leas-Cheann Comhairle ask the Ceann Comhairle to call a meeting of the CPP——

That is not a matter for the Ceann Comhairle but the Labour Party Whip or the Fine Gael Whip could well——

I ask the Leas-Cheann Comhairle to use his good offices. He is aware that for a number of reasons we should have a meeting of the CPP. Both he and I are members of it.

I will pass on the Deputy's views.

I thank the Leas-Cheann Comhairle.

With regard to the road safety strategy, we have had almost 250 deaths so far this year and recently we had a couple of very bad weekends in terms of deaths and casualties. We know each of these family tragedies costs the country approximately €3 million. Already this year, the tragedies have cost us €750 million. The Minister of State referred to actions completed in 2006 and 2007. However, they were broad and general. If he examines the specifics of 2008 he will see that he is far too complacent. Since the role of Minister of State with responsibility for road safety was established we seem to be getting worse.

Actions Nos. 72 and 73 with regard to the graduated driver licence require legislation to ensure new drivers can drive safely for the first few years. Neither the Minister nor the Taoiseach seemed to know this a few months ago. Action No. 26 is with regard to speed cameras and this has been an issue for the past 11 or 12 years, since the former Taoiseach, Deputy Bertie Ahern, announced the roll out of speed cameras at 600 locations. We have allocated €10 million for it and have had a preferred bidder. It will probably bring in approximately €40 million in income and will cost €25 million. Where are the speed cameras and why was this not finished? It states in the road safety strategy that it was to be finished a number of months ago. That was the timeframe.

I want to give one or two other brief examples. Action No. 66 with regard to the code of practice for the management of roadwork sites and bad roads and bad surfaces did not happen by the third quarter. Actions Nos. 80, 82, 116 and 121 cover a range of areas in which the Minister of State has fallen behind.

The Deputy is correct to state the number of fatalities this year is 249 and each fatality is serious and this is what the strategy is about. However, it is only fair to say that 249 is 36 less than the equivalent number last year.

One is one too many.

I have stated that. Each one is a tragedy for family and friends. I am trying to be balanced in stating that we are having successes. The public and the drivers are buying into the process. Our enforcement, rules and regulations are working. If the trend continues for this year we might have an historically low number of fatalities which would be marvellous. Even still, 300 deaths mean 300 families who will have their Christmas destroyed by sadness. I do not deny this.

It is true that some of the items move faster than others. Deputy Broughan mentioned action No. 72 which outlines the graduated system.

It needs legislation.

The first phase——

The Minister of State has responsibility.

This is being done in phases. The first phase of the scheme was introduced last year with the regulations on learner drivers. These regulations replace provisional licences with learner permits. They require the learner drivers to be accompanied by a person with two years' experience and one must have spent six months as a learner before one can apply for the test. Other measures are being considered on the basis of proposals submitted to us by the RSA.

No one in this House feels it is marvellous that already we have 249 deaths on our roads and will probably reach the 500 mark.

I did not say that.

This is a timetable set out by Noel Brett and Gay Byrne for the Road Safety Authority. The Minister of State is missing all of his deadlines.

We do not have legislation for half of our penalty point offences and I know this matter will be raised later. The Minister of State has refused to take a stand on blood alcohol levels. Is he waiting until after the local elections? Drivers are not being tested at the scenes of major crashes despite the Minister promising Public Against Road Carnage, PARC, and relatives of crash victims that the legislation would be in place this year. He also made a promise to Deputy O'Dowd in a Private Members' debate.

The Minister of State is far too complacent about a tragic situation.

I am certainly not complacent. We are making progress. The strategy is in place and the numbers and statistics are important. However, let me be honest. In five years' time I or whoever is here would be happier to report on action on the number of fatalities. There would be no point in stating the number of fatalities has increased by 50%.

The Minister of State should do what he stated he would.

We achieved 115 of the 126 actions in full. Of course we are——

Keep to the timetable.

Yes, and we are doing so. I can account fully for any small slippage. There will be a full report on it which will be published and Deputy Broughan can see what can be achieved and what has not.

Road Traffic Offences.

Fergus O'Dowd

Question:

84 Deputy Fergus O’Dowd asked the Minister for Transport if he will introduce reductions in the BAC level of drivers; and if he will make a statement on the matter. [39888/08]

The Government recently gave its approval to the drafting of a road traffic and transport Bill, which inter alia deals with the legal blood alcohol content level for drivers. It is hoped to have the Bill published early next year. The introduction of a reduced blood alcohol content level for drivers will require the recalibration or replacement and subsequent recertification of the evidential breath testing, EBT, machines in Garda stations and roadside breathalysers used by the Garda. The Medical Bureau of Road Safety, which has responsibility for the approval, supply and testing of apparatus for indicating the presence and concentration of alcohol in breath, will arrange and carry out these functions.

I welcome what the Minister of State has said. It is important we keep to the timetable to reduce the blood alcohol content level which I understand is for the second half of 2009. I welcome the new legislation. One of the key points is that disparate views exist on how the reduction will impact on people. At a recent conference at Croke Park, Dr. Declan Bedford presented frightening research. He pointed out the risk of a fatal accident is four to ten times higher for drivers with blood alcohol levels between 50 mg and 79 mg compared to those with 0 mg. The proposed reduction is welcome. We have clear and incontrovertible proof that it is a major contributor to deaths and fatal accidents.

Some countries in Europe have introduced an alcohol lock for repeat drunk driver offenders. Does the Minister of State intend to introduce ancillary actions along with the reduction in the blood alcohol level?

I welcome the Deputy's comments. Experts state there is no safe blood alcohol level. Many people would disagree and state it depends on how one is affected by alcohol. The penalties we have mean the higher the blood alcohol content level with which one is caught the higher the fine or disqualification. This is the regulation at present. I am not sure I understand the point about a lock.

When a repeat drink driving offender gets back his or her licence a lock is placed on the car whereby if he or she has had alcohol the car will not work.

I do not think we will make announcements on that in the Bill. The penalties and convictions in court reflect alcohol levels and previous disqualifications.

Other issues are raised with regard to having a lower blood alcohol level for younger drivers rather than for the youngest cohort of drivers. Issues are also raised with regard to people who carry passengers for a living such as taxi drivers, bus drivers and commercial drivers of HGVs. Recent surveys done throughout Europe showed that a significant number of drivers of commercial vehicles had excessive blood alcohol levels. Are there any other safety issues in regard to alcohol abuse that the Minister of State intends to include in the legislation to which he referred?

As I said, the heads of the Bill have been agreed by the Cabinet. There will be further discussion of the detail, but the advice from the Road Safety Authority is that the limit should be reduced to 50 milligrams for all drivers other than learner drivers, recently qualified drivers and professional drivers for whom it should be reduced to 20 milligrams. These issues are being considered and we await the final outcome.

Fuel Prices.

Thomas P. Broughan

Question:

85 Deputy Thomas P. Broughan asked the Minister for Transport his views on the operation of the transport liquid fuels market; if he has had contact with the National Consumer Agency, any of the transport liquid fuels providers or their industry representatives on the operation of the transport liquid fuels sector; his views on measures to address alleged dysfunctionality in the transport liquid fuels market or to address deficiencies in the powers of the Competition Authority as outlined to the Joint Committee on Transport by the authority chairman; if he has liaised with the Department of Enterprise, Trade and Employment on this matter; and if he will make a statement on the matter. [39831/08]

Diesel and oil prices are not subject to price controls in the State. These prices are determined by the international oil commodities markets and influenced by supply considerations, economic growth in the major consuming economies, exchange rate volatility, market speculation and production and refining costs. In a market with fluctuating oil prices, there is usually a time lag between the prices quoted on international markets and prices available at the pumps. In the case of falling oil prices, there is a time lag for the lower prices to be passed on to customers as suppliers have to sell the oil they purchased at a higher cost before reducing prices.

I understand from the Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Coughlan, that the National Consumer Agency has initiated a price survey on the costs of fuel. The survey is intended to ascertain whether oil companies are passing on savings on oil prices internationally and whether petrol and diesel pump operators are subsequently passing those savings on to consumers in a timely manner. I understand the agency's work in this area is well under way and that it is expected to present its report to the Tánaiste next month. I also understand from the Minister that the Competition Authority's enforcement powers are just one of the many issues being considered as part of the ongoing review of the operation and implementation of the Competition Act 2002.

The Deputy may wish to contact the Tánaiste and Minister for Enterprise, Trade and Employment directly for further information in regard to these matters.

Irish consumers are the most ripped-off in Europe in terms of fuel prices, including petrol, diesel and home heating oil. The European Commission recently reported that petrol prices in this State are 11% higher than the European average, diesel prices are 20% higher and home heating oil is 13% more expensive.

The Minister referred to the explanation by the wholesale and retail oil businesses that when prices go down, they cannot follow because they have purchased their oil stocks at the higher rate. Why does this not happen in reverse? That was the question asked by every caller to a recent episode of Joe Duffy's radio programme. Callers referred to the outrageous prices charged throughout the State — as high as €1.29 or €1.30 per litre of petrol — at the same time as the price of oil was plunging to $60 per barrel. Does the Minister agree there is a fundamental problem in this regard?

The Minister referred me to his colleague, the Tánaiste and Minister for Enterprise, Trade and Employment. I do not know whether the Minister, Deputy Dempsey, bothers to read the minutes of meetings of the Joint Committee on Transport. If he read the minutes of a recent meeting, he would know that Mr. Bill Prasifka, the chairman of the Competition Authority, told the committee that he has no power to order a forensic study of a business such as the oil industry. He does not have that power because everything is couched in terms of the criminal law. If he orders an investigation, he might prejudice a criminal case. Does the Minister agree, therefore, that the legislation underpinning the Competition Authority is fundamentally flawed? The Minister is standing idly by as consumers are ripped off.

I do not have direct responsibility for the Competition Authority.

Did the Minister know this was the case?

I am wondering why this question was put to me.

Do vehicles run on air?

If I had any control over which questions are submitted, this one would not have got through because it is not relevant to my area. As an ordinary consumer, I am aware of the variations in the price of oil versus the price charged at the pumps. The price of oil peaked on the international commodity markets last July at approximately $147 a barrel and is now trading at approximately $65. The price at the pumps was approximately €1.43 per litre at the time of the peak in prices, reducing to €1.33 in late July and to €1.13 or €1.14 at this stage. Therefore, there has been some movement. As a motorist, I would be delighted to see immediate falls in prices and would certainly be displeased to see immediate increases. However, it is a matter for the consumer.

The Minister's answers are unbelievable and scandalous. All vehicles run on fuel and the cost of the input is of vital importance. Is the Minister concerned by the impact on public transport providers, including taxi drivers, bus operators and so on, of the increase in fuel prices? Is he concerned by the impact of increases on our two major airlines, Ryanair and Aer Lingus? Did the Minister have any input into the imposition of the new air travel tax? Did he give the Minister for Finance any guidance in this matter?

That is well beyond the scope of the question, as the Deputy well knows.

I do not know what the Deputy finds unbelievable in my response. I have quoted the prices from last July to the present. Perhaps the Deputy has a difficulty, as I sometimes suspect, in believing facts.

I have a difficulty in believing the Government.

I am concerned by any rise in petrol and diesel prices. In particular, I was anxious to avoid increases in diesel prices in the recent budget. The Government took my views on board in this regard and did not increase the price of diesel, because of the knock-on effects that would have for the transport sector generally. I am concerned by increased fuel costs for airlines.

What about the impact of air travel taxes?

However, neither I nor the Government controls the price of oil. That is true for Governments throughout the world.

Road Network.

Shane McEntee

Question:

86 Deputy Shane McEntee asked the Minister for Transport if his Department has increased funding for the National Roads Authority to pay for the introduction of barrier-free tolling; if he has raised concerns with the NRA regarding problems with the introduction of barrier-free tolling; and if he will make a statement on the matter. [40251/08]

As Minister for Transport, I have responsibility for overall policy and funding in respect of the national roads programme element of Transport 21. The implementation of individual national road projects and the allocation of funding to those projects, including barrier-free tolling on the M50, is a matter for the National Roads Authority, NRA, in conjunction with the relevant local authorities, under sections 17 and 19 of the Roads Act 1993. In addition, the statutory power to levy tolls on national roads, to make toll by-laws and to enter into toll agreements with private investors in respect of national roads is vested in the NRA under Part V of the Roads Act 1993, as amended by the Planning and Development Act 2000 and the Roads Act 2007.

I am informed by the NRA that toll revenue from users of the M50 more than covers the introduction and ongoing operational costs of the M50 barrier-free tolling system and also contributes to the funding of the M50 upgrade. The NRA is satisfied that, overall, the new barrier-free tolling system is operating successfully. Take-up on the electronic registration system, which includes electronic tags and licence plate registrations, has exceeded expectations and traffic flow has improved significantly on the route, thus making a positive contribution towards the easing of congestion for all road users.

I understand from the NRA that, in common with similar such systems around the world, in the first few weeks of operation there were some initial problems with the M50 system. These included difficulties getting through to the customer service call centre and errors where the wrong person was billed for a toll. In recent weeks, however, the combination of the toll operator devoting more resources to the system and users becoming more familiar with the system has meant the call service centre has improved significantly and the number of billing errors has fallen substantially, with billing errors now comprising less than 0.2% of all traffic. The NRA has assured my officials that the authority and its toll operator, eFlow, will continue to work hard to put in place measures that will progressively improve the operation of the system.

I used the system for the first time last week. As the Minister said, he has no control over the NRA with regard to its funding but there are still up to 4,000 calls each day, down from a maximum of 12,000. Is the Minister satisfied the NRA has put in the necessary resources to ensure it runs smoothly, so that most of its time is not taken up sending out letters at a costly rate to justify the mistakes that have occurred? I accept that it takes time to get the system set up and that it is a good system. However, the Minister should have control in respect of ensuring that it is implemented and that everything is working right from the beginning.

When problems arose with the operation of the system and when some of the difficulties were highlighted here and in other places, I took the matter up, through the officials in the Department, with the NRA. The NRA admitted there were difficulties but to be fair to the authority, it had made it clear initially that there would be teething problems with the system, and that was the case. There was a particular difficulty with the service call centre due to the volume of calls and, frankly, the many abusive calls in the earlier stage. However, that has been resolved.

There is no place in the world that a system such as this has been rolled out without difficulties. There will be ongoing misidentifications. One will not get 100% accuracy but an inaccuracy rate of 0.2% is quite a good record. According to the information on Toronto's Highway 407, Dubai and the systems in Sydney and Melbourne in Australia there were huge problems at the initiation of the systems but they have been ironed out. I agree with the Deputy that the NRA should continue to give the high level of service and follow-up that is necessary. I will try to ensure it does.

It should be noted that the system has been hugely successful in terms of take-up. In the initial stages it was anticipated that between 40,000 and 60,000 vehicles would be registered. That has been hugely exceeded with approximately 400,000 vehicles registered in advance. That has eased problems.

There appears to be a problem with the tag system, with tags working for one toll but not for another. Could the Minister clarify the situation and ensure that the tags work? I am aware that some people were caught in the port tunnel looking for change when they thought the tag system would work. Perhaps the Minister would ask the NRA to clarify the situation. He should also ask the NRA what costings have been made to date to ensure the system is run properly.

I will raise the difficulty the Deputy mentioned with the NRA for him. Specific difficulties can be taken up directly with the NRA.

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