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Dáil Éireann debate -
Thursday, 15 Jan 2015

Vol. 863 No. 2

Topical Issue Debate

Road Traffic Legislation

I thank the Ceann Comhairle for allowing me to raise this issue. Many people in my constituency - and, I am sure, in the Minister's constituency - are having to put up with excessive noise and nuisance as a consequence of the misuse of scrambler vehicles and other types of motorbike. The problem has been particularly acute since Christmas, when many such vehicles were given as presents. People trying to relax in their homes on a Saturday evening or Sunday morning are subjected to hours of deafening noise as people race up and down the roads on scrambler bikes. In many cases, these drivers are using the wrong side of the road and going the wrong way around roundabouts. Some of them also do significant damage to public parks, making them places of fear for other residents rather than places where they can go for leisure, to exercise their dogs and so on.

What is happening amounts to an epidemic and something must be done about it. Some of the scrambler racers have put videos of their activities on the Internet. I will send the links to the Minister if he wishes so he can see what is going on. My concern in this regard is twofold. The first is the impact of these activities on the quality of life of ordinary people. Second, I am concerned that the wild behaviour in which some of these scramblers are engaging will ultimately result in loss of life. The problem is exacerbated by the fact that these drivers generally do not have the appropriate licences and, in many cases, are underage.

The thrust of the reply to the parliamentary question I tabled yesterday on this issue was that it is a Garda matter. That is, of course, correct. However, the gardaí to whom I have spoken about the issue have indicated they are fearful of chasing these people in case one of them should be killed, in which case the garda in question will be held responsible. There is also an issue as to whether gardaí are authorised to go into public parks and chase them there. My understanding is that they do not have adequate powers to take that type of action.

It is time to consider whether anything can be done in legislation to address this problem. I appreciate that it is a difficult issue to deal with, but I will offer a suggestion. I am proposing that people who purchase scrambler bikes for juveniles should be obliged, at the point of sale, to show the birth certificate of the person for whom the vehicle is being bought and give evidence that this person has the relevant licence. That would contribute towards eliminating this scourge. It is an issue that needs to be addressed as a matter of urgency.

I thank Deputy Dowds for raising this important matter. It is an issue with which I am familiar in my own constituency and I understand the difficulties it can cause for residents. My area of responsibility relates to legislation concerning the use of motor vehicles, including scrambler bikes, in public places. Enforcement of the relevant legislation, including addressing any illegal use of a mechanically propelled vehicle in a public place, is a matter for An Garda Síochána. The use of mechanically propelled vehicles in a public place is subject to the relevant requirements of road traffic legislation. The Road Traffic Act definition is that "public place" means any street, road or other place to which the public has access with vehicles, whether as of right or by permission and whether subject to or free of charge.

The Garda has been contacted about the issue raised by the Deputy and has stated its view that it does have the necessary powers to deal with cases concerning the use of such vehicles in public places under the Road Traffic Acts. Based on the definition of a "public place" and "mechanically propelled vehicle" in those Acts, gardaí are satisfied that road traffic law applies in public parks and the powers granted to them under the Road Traffic Acts may be exercised there. Those powers allow members of the force to stop a mechanically propelled vehicle in a public place and demand production of a licence or learner permit. If the scrambler bike is below 50 cc, the minimum age to hold a driving licence is 16 years. For vehicles above 50 cc, the minimum age is 17 years.

In addition, gardaí may inspect the vehicle for compliance with vehicle standards legislation. The legislation makes it an offence to drive without reasonable consideration, drive carelessly or drive dangerously. The Garda Síochána is satisfied that any of these charges could be brought, where appropriate, in the circumstances of misuse to which Deputy Dowds refers. The Garda has further indicated that a prosecution could be brought in these circumstances under the Criminal Damage Act, if appropriate. Furthermore, gardaí have powers of seizure, detention, storage and disposal of vehicles under section 41 of the Road Traffic Act 1994 and SI 89 of 1995.

As the Garda Síochána is satisfied that the necessary powers exist to deal with the matters raised by the Deputy, it does not appear at this stage that any further legislative action is required.

If, however, Deputy Dowds has proposals concerning the implementation of existing laws, especially regarding public places or residential roads or where a law is not in place to deal with the matters he referred to, I would be glad to hear his specific points to see if I could be of further help.

I thank the Minister for his reply. I accept that the legislation is in place but I wish to raise two or three issues in this regard. First, I am interested in what the Minister said about public parks because, in a sense, it contradicts something that was said to me by our local gardaí. I will bring this to their attention.

The second problem concerns tracking down those using scrambler bikes because they are not registered. If they were registered, gardaí could photograph them and chase them up afterwards. Since there are no registration plates on such motorbikes, it is not so easy for gardaí to track them down. That is why I specifically suggested that when somebody is buying such a bike for a minor, they should have to produce evidence to show their age and that they have a relevant licence.

I am concerned that we will have deaths over this. The Minister is well aware that deaths have occurred as a result of joyriding in cars, although I am surprised that this has not yet happened in my area. I would be happy to show the Minister some of the videos that have been sent to me. If he looks at them he will see what is likely to happen. In a recent video, there were buses and cars on the road while the scramblers were going up the wrong side of the road as well as taking roundabouts the wrong way. They also lifted the motorbikes so that only the back wheel was in contact with the road, while being videoed by the pillion passenger. There is a real need to re-examine this issue.

I thank the Deputy and will respond to each of his points. I take his point that this is not just a matter of inconveniencing people or affecting the domestic environment. It is also a serious road safety issue. I am aware of the kind of behaviour the Deputy referred to, which is a threat to people on such scrambler bikes as well as those in the vicinity. I am also aware that in many cases scrambler bikes may be used in places that are well run by clubs. That poses no difficulty to anybody.

As the Deputy said in his opening contribution, safety is the paramount issue. In dealing with somebody on a scrambler or other motorbike in a residential area or in a public park where other people are present, including families with young children, gardaí must use their discretion in responding for fear of aggravating a situation or causing further risk to others in that area.

The Deputy raised this issue in a parliamentary question earlier this week, to which I responded. In anticipation of this Topical Issue matter, however, I specifically checked the definition of a public place and it includes a public park. There is therefore no impediment to stopping illegal activity taking place in a public park.

The Deputy's second point concerned a requirement to show evidence of age when purchasing such bikes or obtaining a licence. As I said in my earlier response, there are already two different age requirements in place. They are 16 or 17 years, depending on whether the engine is above or below 50 cc. To obtain a licence, the individual would be required to show that he or she is above either 16 or 17 years of age, just as one has to show evidence to obtain a driving licence for other vehicles.

I will take the Deputy's points to see whether that provision could be enforced more strongly or in a different manner. Having dealt with this in my constituency, I know that Garda stations seize these vehicles and take them from people who are either too young or pose a threat to others. I will follow up on the Deputy's specific point regarding whether this could be done in a different way or even more rigorously in order to respond to the risks he mentioned. I will write back to the Deputy on that point as well.

I thank the Minister.

Before moving on to the next item, I will ask Deputy Joan Collins to address the House. She has formally agreed to the postponement of Topical Issue matter No. 4.

I am requesting a deferral of that Topical Issue matter to Tuesday, 20 January 2015, as the Minister and both Ministers of State are not available to take the matter today. I wish to put on the record the fact that quite frequently Ministers are not turning up or cannot turn up. The idea of Topical Issue matters is that such matters can be taken up with the relevant Ministers. It is something we should look at.

Thank you, Deputy. In reply to your point, I have already made it known that it is becoming unacceptable that week after week we are losing a slot. The fact is that another slot could have been used by somebody else today. Next week, because this matter has been postponed, only three slots will be available on Tuesday, so two slots have been lost. My office received no prior notice that Ministers were not available. If that had happened, and there was a good reason for it, we could have postponed the matter and picked somebody else's issue. I am asking, on the record, for Ministers to be conscious that this is an important opportunity for a Deputy to raise serious issues. It is a shame to be losing valuable slots like this, although I know it is not the Minister, Deputy Donohoe's, fault. I just wanted to put that on the record.

Road Projects Expenditure

I thank the Ceann Comhairle for allowing me and Deputy Heydon to raise this issue. I also appreciate the Minister taking time out from his busy schedule to give us a response. This project concerns upgrading the N7, including the Osberstown interchange and the Sallins bypass. If the Minister does not mind, we will group them all together because in Kildare we look upon them as being part of one package.

The N7 has been upgraded from two lanes to three lanes as far as Naas, but then comes into a two-lane road. This has caused serious congestion, particularly at peak traffic times. As a result of that congestion, there is increased traffic going through the villages of Kill and Johnstown which have been bypassed since the early 1960s. The planning on this upgrade has been passed by An Bord Pleanála because it is a strategic piece of infrastructure. That was welcomed last September, but we now need funding to progress this upgrade further.

The economic benefit of this is quite clear. The National Road Design Office has explained that the development is justified when it is at an economic benefit rating level of one. The Sallins bypass is at level 17, while the Naas bypass can be up to 15. The N7 is the second busiest road in the country after the M50. The interchange at Osberstown has the potential to create 6,000 jobs in the north-west quadrant of Naas. Anybody passing by can the see the development there by the Kerry Group and so the necessary infrastructure for the Osberstown interchange is vitally important in that respect.

We are seeking a commitment for multi-annual funding for 2016 to 2018 because this project will take about 18 months to complete.

This project will take about 18 months to complete. At present, the NRDO hopes it will be able to make further progress on it.

I thank the Minister for attending personally to address this issue. His doing so is greatly appreciated because it is an issue of significant importance, not only to the residents of Kildare, including south Kildare, but also to those residents and businesses in the south of the country. The road in question is the main artery. As Deputy Lawlor stated, it is the second busiest road in the country after the M50.

My constituents in Kildare South, including commuters from Newbridge, Athy, Kildare, Rathangan and beyond, are greatly affected by having to sit in traffic at the spot in question. They greatly appreciate the €100 million investment in Newlands Cross in that this has made part of their journey easier. However, the solving of the problem at Newlands Cross has led to further congestion down the line. There are three lanes as far as the big ball at Naas, from where there are two lanes. Those commuting from Dublin to Cork and Limerick will be very aware of this. Traffic slows to a crawl until one gets beyond Newbridge. That is why the investment is crucial.

Those affected, who must sit in traffic, include constituents of mine who are rushing home to get their children who have spent a long day in child care, in addition to business representatives and delivery staff. There are economic, social and national arguments for securing road funding. It is very badly needed. From the big ball, we need three lanes all the way to the M7-M9 junction, in addition to an upgrade to the junction at No. 10, or the Bundle of Sticks, as it is known locally.

To put the congestion in context, it is the equivalent of 42 vehicles sitting in traffic for 24 hours per day for 30 years. As the country recovers and as we get more people back to work, it will only increase. The problem is a function of recovery. The increase in the number on the roads is a good problem to have in that so many people are back to work. However, as road projects go, the one in question is really important. We got planning permission at the end of last year, and now we need funding committed to it. The project has the full backing of the Garda because there is a significant safety element, as raised during the recent oral hearings.

I thank Deputies Lawlor and Heydon for raising this matter with me. Both Deputies have raised it with me persistently. They raise it continually with my Department and me to emphasise the importance of the project, both nationally and locally. At some point in the future, when progress is made thereon, it will be in no small part due to the efforts of both Deputies consequent to their having continually raised the matter with me and my Department, and on the Dáil floor through parliamentary questions and Topical Issue debates.

As the Deputies are aware, I have responsibility for overall policy and funding regarding the national roads programme. The construction, improvement and maintenance of individual national roads, such as the Naas bypass widening, is a matter for the National Roads Authority under the Roads Acts 1993 to 2007, in conjunction with the local authorities concerned. The assessment and prioritisation of individual national road projects is a matter for the NRA within its capital budget and in accordance with section 19 of the Roads Act.

With regard to the interchange and bypass referred to by both Deputies, the improvement and maintenance of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of section 13 of the Roads Act 1993. Works on those roads are funded from local authorities' own resources, supplemented by State road grants. The selection and prioritisation of works to be funded is, therefore, a matter for the local authority.

Owing to the national financial position, there have been very large reductions in roads expenditure in recent years. Funding in 2008 was €2.3 billion while funding this year is around €730 million for the national, regional and local road network. The reality, as I have stated publicly, is that the available funds do not match the amount of work that needs to be done to maintain existing projects and roads while addressing the growing demand both Deputies have raised with me. For this reason it is not possible to progress a range of worthwhile projects. The focus has to be on maintaining and repairing the existing road network. The Deputies will be aware of the great importance of road safety, and that is why I have devoted all funds available to me to maintaining existing roads before prioritising new projects. Only a small number of new national projects have been progressed to construction stage.

It is important to reiterate that the role of Exchequer grants for regional and local roads is to supplement the funds of councils. I am aware that the projects raised, which have considerable merit, are interconnected and have a substantial overall cost. The objective of the M7 Naas bypass widening scheme is to increase capacity and to improve traffic flow on the Dublin-Cork road corridor. The interchange and bypass schemes are intended to enhance connectivity between the M7 and the towns of Naas and Sallins. The interchange will connect to the proposed R407 Sallins bypass to the north and the existing roads to the south. The receipt of planning permission for these projects last September was a very positive and important development. Unfortunately, the current financial realities are such that the budgets proposed for my Department for 2016 and 2017 indicate that capital funding will continue to be very tight, and my ability to progress new projects and PPPs is limited.

I acknowledge it is important to restore over time capital funding for the transport sector to ensure that infrastructure is maintained but, as of now, I am not in a position to give a commitment in regard to funding of the projects in question, although I acknowledge their national and local importance.

Overall, I am not very enthused by the Minister's response. I understand the financial constraints the country is under but I hope part of the funding may be secured on a European basis. Deputy Heydon will talk about this. NAMA, which owns the land surrounding the proposed Osberstown interchange, is willing to put forward €10 million towards the project there. Therefore, there are outside sources of funding. The project is expected to cost approximately €110 million overall. We can identify other sources for approximately 25% of this.

I understand a capital programme is to be initiated shortly. I hope the Minister will consider this project as a priority for the capital funding being proposed for the period from 2016 onwards. At least, we might then get the project up and running. Deputy Heydon and I may refer to the local aspects of the project but it is a national one. The road is one of the main arteries in the country. It is not only a national route but also a European route. Consequently, we hope that the Minister will push the Minister for Public Expenditure and Reform, Deputy Howlin, on the project when the capital programme is being analysed.

I thank the Minister for his response. I am very disappointed with it and it makes me even more determined to increase the priority accorded to the project. I accept completely the Minister's statement that he accepts its importance and that there are so many competing projects in the Department but, as he knows, there is potential to obtain European funding for the M7 Newbridge-Naas bypass upgrade scheme. The application deadline for the Connecting Europe Facility, CEF, funding for the scheme is the end of February. The application cannot be lodged without the commitment of funds for the balance of the scheme by the member state. Therefore, there is a minimum State requirement of approximately €38.5 million. This is the scheme cost of €55 million minus the €16.5 million in potential CEF funding for the years 2016 and 2017. Approximately €19 million per year would be required. Without this, the potential CEF funding may be lost until the next application round in 2016. I accept that the Minister's Department is tight on funds because of constraints. This is a matter that we need to bring to the attention of the Minister for Public Expenditure and Reform, Deputy Howlin, as part of an overall examination of capital funding for 2015 and potential stimulus programmes. This project is of the utmost importance to the country.

I thank the Deputies for their response.

I fully accept and recognise that my initial response is disappointing because I know how important this project is locally and I accept the importance of it nationally. On job creation, I am very much aware of the investment that Kerry Group is making in Millennium Park which, I understand, will employ between 350 and 400 staff. They emphasised to me directly that they believe the development of better access would be important to ensure their investment pays out and delivers what they want to the economy.

I have a number of points on what my colleagues have put to me. First, I have been informed that were we to go ahead with the interchange, it would increase traffic flow within the vicinity by approximately 8%. Deputy Heydon correctly stated that a project such as the flyover that has been opened beyond the Red Cow can shift traffic congestion elsewhere which feeds into the concern he has with this project. The current analysis of the projects to which the Deputies refer is that were we to go ahead with them it would be highly advisable to progress the three of them together to ensure we do not end up shifting a problem from one part of their community to another. In order for that to go ahead, the overall cost of that project is €110 million. While they acknowledged that there could be other funding opportunities out there and I recognise that NAMA indicated it would be willing to make a contribution, there are still many tens of millions of euro that I would be required to contribute to this project.

I emphasise how important I know the project to be in order to support economic development within the Deputies' region. While I cannot give them a commitment now that it can be progressed because the Government simply does not have the funding to do it, I am aware that this project has received planning permission. Despite all the competing demands that I must manage, I will continue to see if I can find any opportunity to progress projects that are economically and socially important.

Energy Prices

I thank the Ceann Comhairle for selecting this important topic which needs urgent attention. I also thank the Minister, Deputy White, for coming in to reply.

It is a simple matter. The prices of oil and gas have plummeted over the past few months but this has not been reflected in energy bills, that is, the electricity and gas bills that are dropping through the letter boxes of homes and businesses. In fact, the opposite is true because there was a recent increase in the public service obligation, PSO, charge.

From the point of view of companies, this is not acceptable. If the price of fossil fuel had gone in the opposite direction we would be told that Ireland, as a small country with no oil and little gas, has no control over the international prices and that would be a reason for hiking them. However, when the opposite is the case, it does not happen the other way.

I listened with interest to the energy regulator in a media interview. I accept what the regulator states, that she does not have a role in fixing the prices - either increasing or decreasing them - and that is taken care of through competition between the companies. However, the evidence does not support that argument. In other words, prices are not coming down.

The price of Brent crude oil today was $47 a barrel. The average price in 2014 was $110 a barrel. That represents a considerable decrease. I acknowledge that gas prices have fallen by 27%, but it is still a major decrease.

We have seen fuel prices, both for petrol and diesel, dropping at the pumps in recent weeks despite the Government tax take remaining constant, and there should be capacity for a bigger decrease to be reflected in ESB and gas bills, but that has not happened. In fact, as I stated, the opposite is what is happening.

It has also been suggested that, with competition, consumers can make savings by switching from one provider to another. While there are incentives to switch, consumers must also sign a contract which ties them to a provider for a minimum of 18 months and the original decrease due to changing disappears after a few months. That should not be the only way that consumers can make savings on energy bills. Consumers have changed provider without reading the terms and conditions and found that they were tied in for 18 months. If the companies are suggesting that consumers can make savings only by switching provider, I have another suggestion. The simple suggestion is that the bills should reflect the price of fossil fuels on the international market, and that has not happened.

I thank Deputy O'Mahony for raising this issue.

The Government is acutely aware of the financial challenges faced by families and businesses from high electricity prices. However, it is important to note - the Deputy has fairly acknowledged this although the consequences of it are a matter for debate - that the electricity and gas markets are commercial, liberalised and competitive and they operate within national and European regulatory regimes, supported by legislation.

Responsibility for electricity and gas market regulation is a matter for the Commission for Energy Regulation, CER, which is an independent statutory body. The CER is focused on actions to mitigate costs for business and residential consumers, such as rigorous scrutiny of network costs, deeper integration with European energy markets and the delivery of a truly competitive market in the interest of customers. My officials continue to liaise with the Commission for Energy Regulation on all these matters. Indeed, there was a meeting earlier today in this respect. The commission also continues to monitor the electricity and gas markets to ensure that competition continues to develop and that customers benefit from competition.

At a national level, electricity and gas prices are no longer regulated by the CER. The competitive energy market results in choice for consumers and businesses in terms of suppliers, products and prices and this exerts downward pressure on prices.

The reduction in wholesale gas prices since the beginning of 2014 has led to reductions in the wholesale electricity price. It should be noted that wholesale electricity prices tend to reflect the price-setting fuel in the market, which is natural gas, not crude oil. It is worth noting that only 1% of electricity was generated from oil in 2012. Lower wholesale gas prices in 2014, compared to 2013, should have a knock-on impact on retail prices and this is reflected in the latest EUROSTAT figures published by the Sustainable Energy Authority Ireland, SEAI, on 9 December last. However, I should caution that wholesale gas prices have been rising since the summer of 2014 and this rise is likely ultimately to feed through to retail electricity and gas prices.

The SEAI report shows that all business consumption bands in electricity and gas experienced reductions in average prices in the first half of 2014, ranging from 0.7% to 4% in electricity and 6.7% to 12.9% in gas. Similarly, in the first half of 2014 EUROSTAT figures show a reduction of 5.7% in the average price of gas in the residential consumption band with the largest share of the market. The average price of electricity in the residential consumption band with the largest share experienced a reduction of 1.3%.

Electric Ireland, the larger supplier of electricity in this country, reduced its unit rate for domestic customers by 2% in November 2014.

I listened carefully to what the Deputy said about switching, but it remains true that consumers can and in many cases have mitigated electricity and gas prices by shopping around to get the best possible price and service deal from suppliers. I would encourage people to continue to do so. Measures such as comparison websites, approved by the regulator, are there to assist people in this endeavour. Even if customers wish to remain with their existing supplier, they should contact that supplier and insist that they be placed on the best possible offering.

I realise that energy supply companies have not automatically passed savings on to their customers, but I expect that savings will feed through to domestic prices in due course. However, all supply companies offer competitive deals to customers who switch or engage with their suppliers. For example, a customer can go online today and achieve a discount of approximately €150 per annum by switching from the standard rate electricity offering and also more than €150 on gas by switching from the standard rate. That equates to a saving of more than €300 a year by switching electricity and gas suppliers.

However, I fully appreciate that some customers, particularly older and more vulnerable people, are reluctant or feel unable to switch. In this situation I urge all stakeholders, including the energy companies and the regulator, to make the more vulnerable customer categories aware of the most competitive offerings available and to facilitate their transition to the best value deals in the market. I intend to meet the chief executive officers of the various energy supply companies in the very near future to outline the Government's concerns regarding these matters and to insist that they offer their customers, our citizens, the best value available in a competitive, liberalised market.

I am not suggesting that the Minister sets the prices. I also accept that the energy regulator does not set the prices. I heard an argument to the effect that energy companies must buy supplies in advance and that the current prices reflect the price of fuel bought at a higher price. If that is true then we should expect a reduction in the coming months, because I presume they are taking advantage by buying fuel at the current lower price.

The Minister provided a lot of facts. I refer to an article from The Irish Times from 29 December 2014 which suggests that the wholesale price for natural gas fell by 27% in 2014. As far as I am concerned, that reduction has not been reflected in the price paid by domestic consumers. I noted yesterday the point made by the National Competitiveness Council that this country has higher than average energy prices which restrict job creation. That matter must be addressed. We are all aware of it. I am not the only one saying it; the National Competitiveness Council has also made the point.

I wish the Minister well in his forthcoming meetings. There is a need to do something, because the ordinary person sees prices going up very quickly but they do not drop as quickly. That is not a good message to send. We must get to the bottom of the matter. As Chairman of the Joint Committee on Transport and Communications, which also deals with energy, I intend to tease out the matter further with the energy companies and the regulator.

I again thank Deputy O'Mahony for raising the issue. He referred to his perspective as Chairman of the joint committee. He exercises his important role assiduously in this regard, as indeed in other areas within the remit of the committee. It is important - and perfectly natural and reasonable - that this issue should be debated publicly and in this House. The Deputy has fairly acknowledged the legal framework in respect of the fact that we have a liberalised market and there are no price controls, as such, but he raises very good points, particularly with regard to the reasonable expectation that if purchases are made at a lower price this would have a consequent positive implication for customers and businesses in the future. Deputy O'Mahony is correct to be vigilant and I will join him in that regard. I look forward to meeting with the chief executives of the supply companies. I have no doubt the issues raised by the Deputy can feed into the discussion.

The Dáil adjourned at 5.25 p.m. until 2 p.m. on Tuesday, 20 January 2015.
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