Emmet Stagg
Question:360 Mr. Stagg asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to errors in the drafting of S.I. 405 of 2006 which means that offences are not prosecutable. [42329/06]
View answerTuesday, 12 December 2006
Questions (341, 342)
Emmet Stagg
Question:361 Mr. Stagg asked the Minister for Enterprise, Trade and Employment the reason for the delay in signing the ADR European Agreement in view of the fact that the Carriage of Dangerous Goods by Roads Act was passed in 1998. [42336/06]
View answerWritten answers
I propose to take Question Nos. 361 and 360 together.
The ADR is an international agreement drawn up by the United Nations Economic Commission for Europe. Its main purpose is to secure the safety of international transport of dangerous goods by road. Ireland's formal accession to the ADR took effect from 12 November 2006.
The Carriage of Dangerous Goods by Road Regulations 2006 (S.I. No. 405 of 2006) came into operation on 31 July 2006. The Regulations apply to the carriage, in tanks, in bulk and in packages, of dangerous goods by road, including the packing, loading, filling and unloading of the dangerous goods in relation to their carriage. They apply the provisions of the Annexes A and B to the "European Agreement Concerning the International Carriage of Dangerous Goods by Road" (ADR) 2005.
The Regulations also place duties on the various participants associated with the carriage of the dangerous goods. They contain requirements for the vehicles, tanks, tank containers, receptacles and packages containing the dangerous goods during their carriage. They require that the drivers, and others involved in the carriage of the dangerous goods by road, be adequately trained and, in the case of drivers, hold certificates of such training. They also contain provisions on an EC harmonised approach to the road checks aspect of their enforcement.
EU Directive 94/55/EC as amended and adapted to technical progress, requires national legislation to be in line with the Annexes to ADR, which are updated and replaced every 2 years. S.I. 405 of 2006 reflects the 2005 update.
The Department's attention has been drawn to a number of errors in S.I. No. 405 of 2006, relating inter alia, to certain provisions of the Regulations concerning the application of some payment in lieu of prosecution provisions relating to some minor offences. I am informed, however, that these do not affect the overall initiation of any necessary prosecution proceedings under the Regulations by the Health and Safety Authority, which is responsible for the monitoring and enforcement of standards under the Statutory Instrument.
The latest adaptation to technical progress of Directive 94/55/EC, which reflects the 2007 update of the ADR, is through Commission Directive 2006/89/EC of 3 November 2006, which is due to be transposed into national legislation by 1 July 2007. Work has already commenced by the Health and Safety Authority on the development of proposals for new Regulations to implement the 2007 version of the ADR to ensure that it is transposed by the due date.