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Wednesday, 14 Jan 2015

Written Answers Nos. 962-79

Broadband Service Provision

Questions (962)

Michael Healy-Rae

Question:

962. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources the position regarding broadband in Castlegregory, County Kerry; and if he will make a statement on the matter. [1652/15]

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Written answers

The National Broadband Plan aims to ensure that every citizen and business, regardless of location, has access to a high quality, high speed broadband service. This will be achieved through a combination of commercial investments and a State led intervention in areas where commercial services will not be provided. The commercial telecommunications sector is currently investing approximately €2.5 billion in network upgrades. Approximately 1.6 million of the 2.3 million premises in Ireland are expected to have access to commercial high speed broadband services over the next two years. These very significant investments represent a step-change in the quality of broadband services available.

On the 24 November last, a public consultation on a national high speed coverage map 2016 was launched. The map can be accessed at www.broadband.gov.ie. The areas on the map marked Blue will all have access to high speed broadband services of at least 30 Mbps from the commercial sector by end of 2016. The areas marked Amber will require the intervention of the State and includes Castlegregory, County Kerry.

The map allows all members of the public, be they business or residential, to see whether their premises/home will have access to commercial high speed broadband services by end 2016 or whether they will be included in the Government's proposed intervention. It also provides detailed information on over 50,000 townlands in every county in Ireland, including County Kerry.

It is anticipated that speeds of at least 30 Mbps will be also delivered through the Government's intervention and the network will be designed to cater for future increased demand from consumers and business.

The next steps in this process will see a further public consultation on a detailed intervention strategy in mid-2015. This is a requirement under EU state aid rules.

A detailed procurement process will be undertaken in order to select a potential preferred bidder or bidders towards the end of this year and in this regard the Department will design a tender in a way that maximises efficiencies and keeps the cost to taxpayers as low as possible. It is expected that the physical build of this network will commence from 2016.

This complex and ambitious project is a key priority for Government. It aims to conclusively address current connectivity challenges in Ireland.

Consultancy Contracts Data

Questions (963)

Tom Fleming

Question:

963. Deputy Tom Fleming asked the Minister for Communications, Energy and Natural Resources if he will provide details of all consultancy firms engaged by his Department during 2014; if he will also provide details of all the relevant fees paid to those firms during the period; and if he will make a statement on the matter. [1663/15]

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Written answers

My Department's expenditure on consultancy services and value for money and policy reviews in 2014 was €1.828m. In procuring these specialised services, my Department always seeks to ensure value for money and the keeping of expenditure to the minimum necessary. Details of expenditure on consultancy services in 2014 are outlined in the following table. In the case of the consultancy projects related to the Corrib gas project, the cost is recouped to the State by the Developers.

Given the technical complexity of the sectors which my Department oversees and, in some instances regulates, there is a requirement to procure specialised services to address specific issues as they arise. The Department therefore also necessarily incurs expenditure on outsourced services as part of programme expenditure, an element of which is consultancy in nature. I will forward the figure for the consultancy element to the Deputy, when it is disaggregated from the larger programme spends.

Project

Name of Firm

Amount

Cyber Security Exercise

BH Consulting

9,840

Programme of Research in Communications

Economic and Social Research Institute

75,000

Capacity Review of Department

PWC

81,800

Development of framework to determine public service character of a channel

Mr. Tim Suter

6,150

Economic Analysis of the Advertising Market in Ireland

Indecon

35,719

Market Research on Irish Advertising Market

AGB Nielsen Media Research Ireland Ltd

6,950

Market Research on Irish Advertising Market

MBRI Market Research Ltd.

3,321

PMDS Calibration

Kiltealy Associates LtdManagement & Project Consultants

4,514

Renewable Energy Export Project - Planning Consultancy

AECOM

37,091

Renewable Energy Export Project - Planning Consultancy

Doyle Kent Planning Partnership Ltd

38,855

Grid 25 Independent Expert Panel

Karen Foley, UCD & John Fitzgerald, ESRI

13,530

REFIT 3 Project

AEA Ricardo

5,536

Audit of consumer held strategic oil stocks

Byrne O'Cleirigh Ltd

44,314

Development of priority register framework to the Oil Emergency Planning Taskforce

Reidy Brophy Limited

7,969

Oil & Gas Fiscal Terms Review Consultancy

Wood McKenzie

212,873

East West Interconnector Monitoring Panel

Prof. Mark O'Malley

3,000

Petroleum Engineering Advice

David Fox Associates

192,581

Corrib Consent Conditions Monitoring

Corrib Consent Conditions Monitoring Committee expenses

2,596

Petroleum Geophysics Advice

Morgan Geophysics

113,496

Technical Verification Audits - Corrib

Keane Offshore Integrity Ltd

343,046

Environmental Monitoring – Corrib & Establishment of Administrative Frameworks for the conduct of strategic environmental assessments

Environ UK Ltd.

247,211

Expert advice - environmental assessments

Botanical Environmental Consultants

33,247

Financial Advisor to DCENR

Price Waterhouse Coopers

98,400

Financial Advisor to DCENR

NTMA

83,025

Head of Internal Audit Unit

Ronan Tierney & Associates

7,916

Head of Internal Audit & Outsourced Audits

Ernst & Young

93,393

Internal Audit Services

Capital Business Svs Ltd T/A Capita Consulting

9,789

Internal Audit Services

ASM

21,363

.

Fuel Prices

Questions (964)

Seamus Kirk

Question:

964. Deputy Seamus Kirk asked the Minister for Communications, Energy and Natural Resources due to the decrease in the value of natural resources, including oil and gas, if this reduction will be passed on to domestic customers of fuel, including for home heating; and if he will make a statement on the matter. [1710/15]

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Written answers

The Irish oil industry is fully privatised, liberalised and deregulated and there is free entry to the market. There is no price control in the oil sector and it is Government policy to encourage price competition and consumer choice. Responsibility for gas market regulation is a matter for the Commission for Energy Regulation. As such, I have no statutory function in the setting of gas, oil, petrol or diesel prices. The competitive energy market results in choices for consumers and businesses in terms of suppliers, products and prices and exerts downward pressure on prices. Consumers can try to mitigate electricity prices by shopping around to get the best possible price and service deal from suppliers. Measures such as comparison websites, approved by the CER, exist to assist them in this endeavour.

The CER is focussed on actions that can mitigate costs for business and domestic customers, including rigorous regulatory scrutiny of the network costs component of retail prices.

The latest EUROSTAT figures, published by the SEAI on the 9 December 2014 show all business consumption bands in both 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, 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, while the average price of electricity in the residential consumption band with the largest share experienced a reduction of 1.3%.

Households can also reduce their energy costs by being energy efficient. There are energy efficiency measures to assist business and domestic energy consumers, with significant funding allocated to them.

There is a role for the Consumer and Competition Commission in ensuring that markets are functioning well and that consumers are not being disadvantaged. Previous investigations and surveys into oil prices, including home heating oil, have been undertaken by the National Consumer Agency (now the Competition and Consumer Protection Commission), and these are available at www.ccpc.ie. Home heating oil surveys have been carried out by the National Consumer Agency on a regular basis. The latest heating oil survey indicated variations in price and the Agency encouraged consumers to shop around and get a number of quotes. The research indicates that the price paid by consumers is largely determined by taxation levels, the internationally traded price of crude oil and the consequent price at which refined product is traded in Europe, along with the level of competition in the retail market.

The European Commission maintains a Statistics and Market Observatory, which presents consumer prices and net prices (excluding duties and taxes) of petroleum products in EU Member States (known as the Oil Bulletin) on a weekly basis. The Oil Bulletin is designed to improve the transparency of oil prices and to strengthen the internal market. The relevant link is:

http://ec.europa.eu/energy/observatory/oil/bulletin_en.htm.

EU Directives

Questions (965)

Brendan Smith

Question:

965. Deputy Brendan Smith asked the Minister for Communications, Energy and Natural Resources if he will provide in tabular form the number of EU directives which remain to be implemented within his Department; the name of these directives; the timeframe for the implementation of these directives; and if he will make a statement on the matter. [1789/15]

View answer

Written answers

There are two EU Directives which remains to be implemented within my Department, the details of which are set out in the following table:

Title of Directive

Timeframe for transposition

Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC

In May 2014 the European Commission commenced proceedings relating to the transposition of the Directive. It is envisaged that Ireland will transpose all outstanding elements of the Directive in early 2015.

Directive 2013/30/EU on Safety of Offshore Oil and Gas Operations.

The deadline for transposition of the Directive is 19 July 2015.

Legislative Programme

Questions (966)

Micheál Martin

Question:

966. Deputy Micheál Martin asked the Minister for Communications, Energy and Natural Resources if he will provide in tabular form the number, name and date of Bills initiated in his Department that have been subject to the pre-legislative scrutiny procedure in the Oireachtas. [1810/15]

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Written answers

To date there have been no Bills initiated in my Department that have been subject to the pre-legislative scrutiny procedure in the Oireachtas, which was introduced with effect from November, 2013. There are a number of Bills currently in preparation in the Department which will be brought to the Houses of the Oireachtas in due course. These Bills will, in accordance with Dáil Standing Order 123A, where feasible be sent to the Joint Oireachtas Committee for consideration for the pre-legislative scrutiny procedure.

Legislative Programme

Questions (967)

Micheál Martin

Question:

967. Deputy Micheál Martin asked the Minister for Communications, Energy and Natural Resources if he will provide in tabular form the number, name and date of Bills initiated in his Department since September 2013. [1825/15]

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Written answers

There has been one Bill initiated in my Department since September 2013, the details of which are set out in the following table:

Title of Bill

Date Bill Published

Status

ESB (Electronic Communications Network) Bill 2013

19/12/2013

The Bill was enacted on the 18th of March 2014 as the ESB (Electronic Communications Network) Act 2014 - Number 5 of 2014.

Departmental Staff Data

Questions (968, 969, 970)

Barry Cowen

Question:

968. Deputy Barry Cowen asked the Minister for Communications, Energy and Natural Resources the number of secondments from his Department to external private firms in 2010, 2011, 2012, 2013, 2014 and to date in 2015; the firms involved; and if he will make a statement on the matter. [1840/15]

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Barry Cowen

Question:

969. Deputy Barry Cowen asked the Minister for Communications, Energy and Natural Resources the number of secondments based in his Department from external private firms in 2010, 2011, 2012, 2013, 2014 and to date in 2015; the firms involved; and if he will make a statement on the matter. [1854/15]

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Barry Cowen

Question:

970. Deputy Barry Cowen asked the Minister for Communications, Energy and Natural Resources if his Department has a policy regarding secondments from and within his Department to external firms; when the policy was initiated and last updated; the details of the policy; and if he will make a statement on the matter. [1868/15]

View answer

Written answers

I propose to take Questions Nos. 968 to 970, inclusive, together.

There were no secondments of staff from my Department to private firms from 2010 to date.

The following staff were seconded from external private firms to my Department from 2010 to date:

Period of secondment

Position In DCENR

Seconded from

June 2009 – December 2011

Financial Advisor

KPMG

April 2012 – June 2014

Financial Advisor

PWC

June 2014 – November 2014

Project Manager

Bord Gais Energy (Centrica)

November 2014 to date

Project Manager

Bord Gais Energy (Centrica)

The specialised expertise provided by the secondment arrangements in the period 2009 to-date, which was not available in-house, facilitated in delivering business outcomes across the Department.

Road Traffic Offences

Questions (971, 978)

Robert Dowds

Question:

971. Deputy Robert Dowds asked the Minister for Transport, Tourism and Sport if he will introduce legislation to help tackle the ongoing illegal use of scrambler motorbikes by unlicensed and under age children; and if he will make a statement on the matter. [49503/14]

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Robert Dowds

Question:

978. Deputy Robert Dowds asked the Minister for Transport, Tourism and Sport if he is satisfied that the current road traffic legislation is sufficient to tackle the illegal use of scrambler motorbikes by unlicensed and under age children; and if he will make a statement on the matter. [49504/14]

View answer

Written answers

I propose to take Questions Nos. 971 and 978 together.

The use of motorcycles of any kind in a public place is subject to the relevant requirements of road traffic legislation and I am satisfied that current legislation in this regard is adequate.

For the purposes of road traffic legislation a 'public place' means any public road, and any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge.  The definition of a mechanically propelled vehicle for the purposes of road traffic legislation includes motorcycles.

A range of requirements must be satisfied in relation to both the vehicle and the driver in order to use a mechanically propelled vehicle in a public place.  A vehicle must comply with the requirements of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, as amended.  Those Regulations prescribe requirements in relation to essential matters such as brakes, steering, mirrors and lighting. In addition, a driving licence is required in order to drive a mechanically propelled vehicle in a public place.  A person under 16 years may not hold a driving licence or a learner permit.  

It is a further requirement of road traffic legislation that, to use a mechanically propelled vehicle in a public place, the driver must have third party insurance cover to meet personal injury and property damage caused by their negligent driving. A mechanically propelled vehicle for use in a public place is also required to be registered and is liable to motor tax.   

Enforcement of the relevant legislation, including addressing any illegal use of a  mechanically propelled vehicle, is a matter for An Garda Síochána.  

Roadworthiness Testing

Questions (972)

Brendan Griffin

Question:

972. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if he will review the situation where DOE certificates are backdated on previously out of date vehicles/trailers; if his attention has been drawn to the nonsensical nature of the current system (details supplied); and if he will make a statement on the matter. [1058/15]

View answer

Written answers

Commercial vehicle owners have always been obliged to test their vehicle annually. This is a legal obligation in Ireland and throughout the EU. There have never been exemptions from this obligation and the requirement is not determined by the period that the vehicle is or has been in use or mileage.  

Roadworthiness testing standards are aimed at detecting any wear and tear, deterioration or alterations that could affect the roadworthiness or safety of the vehicle. There are no exceptions for vehicles which are temporarily off the road which can degrade and deteriorate during the period while they are off the road.

Since October 2013, the certificate of roadworthiness (CRW) issuing system is aligned to the longstanding obligation to have commercial vehicles tested annually.  The period of validity of the CRW is calculated by reference to the last test due date.  A delay on the part of a vehicle owner in completing the test has the effect of reducing the validity period of the CRW.   This change was introduced for the purpose of ensuring that operators who do not test their vehicles by the due date do not gain any economic advantage over operators who have their vehicles tested in accordance with the legal requirements.

I expect a review of the system as it applies to vehicles which are off the road for more than a year to be completed this year.   Any amendments to the system in respect of vehicles overdue the test by more than one year, and which have been off the road, would need to be considered against a background of very strong overall compliance, as well as road safety considerations.

Compliance with the obligation for annual testing is fundamental to improving the roadworthiness standard of commercial vehicles on our roads.  Apart from safer roads for all road users, the reforms being made to the commercial vehicle testing system are designed to level the competitive playing field for commercial vehicle operators by reducing non-compliance with testing and roadworthiness requirements.

National Roads Authority Projects

Questions (973, 1027)

Brendan Griffin

Question:

973. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the progress anticipated of a roads project (details supplied) in County Kerry in 2015; and if he will make a statement on the matter. [1972/15]

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Tom Fleming

Question:

1027. Deputy Tom Fleming asked the Minister for Transport, Tourism and Sport his plans to provide adequate funding to ensure the proper upgrading of a road project (details supplied) in County Kerry; and if he will make a statement on the matter. [1746/15]

View answer

Written answers

I propose to take Questions Nos. 973 and 1027 together.

As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding in relation to the national roads programme.  The planning, design and implementation of individual road projects is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects, such as the N70 is a matter in the first instance for the NRA in accordance with Section 19 of the Roads Act. Noting the above position, I have referred the Deputy’s question to the NRA for direct reply.

Please advise my private office if you do not receive a reply within ten working days.

Fáilte Ireland Funding

Questions (974)

Sandra McLellan

Question:

974. Deputy Sandra McLellan asked the Minister for Transport, Tourism and Sport if he will provide an update from Fáilte Ireland on the proposed motorhome park for Youghal, County Cork; if he will provide funding for a feasibility study; and if he will make a statement on the matter. [49454/14]

View answer

Written answers

The matter raised is an operational one for the Board and management of Fáilte Ireland. Accordingly, I have referred the Deputy's question to them for further information and direct reply.  Please advise my private office if you do not receive a reply within ten working days.

With further regard to the request for funding for a feasibility study, my Department’s tourism budget is channelled through the tourism agencies and I have no role in the administration of tourism-related funding programmes.  There is no discretionary funding available to my Department by which financial assistance could be provided.

Public Bike Schemes

Questions (975)

John McGuinness

Question:

975. Deputy John McGuinness asked the Minister for Transport, Tourism and Sport the results of the tender process relative to the bike hire scheme; if he will provide the total of each tender; the analysis carried out on each tender to determine the reasons for any variance in costed items or generally in tender amount; if the €11 million contract was awarded without meeting the bidders and without meeting an examination of the equipment to be used at a cost of €4 million; if clarification was sought or offered by the bidders; if his Department requested any clarification from the bidders; if the project is on schedule and the timeframe for delivery; and if he will make a statement on the matter. [49459/14]

View answer

Written answers

The National Transport Authority (NTA) is the body responsible for the tender process associated with the expansion of the Public Bikes Scheme to the Regional Cities.

Accordingly, I have forwarded your request to the NTA for direct reply.  If you have not received a response from the NTA within ten working days please contact my office.

National Car Test

Questions (976, 989, 990)

Michelle Mulherin

Question:

976. Deputy Michelle Mulherin asked the Minister for Transport, Tourism and Sport the current waiting time for a national car test at each of the test centres in the country; the provisions that are being made for motorists who are unable to book a test before the expiry of their current NCT and who will be unable to drive their cars on public roads because of this; and if he will make a statement on the matter. [49464/14]

View answer

Paul Murphy

Question:

989. Deputy Paul Murphy asked the Minister for Transport, Tourism and Sport if he will provide in tabular form the waiting times for national car tests in each test centre in the country; and if he will make a statement on the matter. [49626/14]

View answer

Paul Murphy

Question:

990. Deputy Paul Murphy asked the Minister for Transport, Tourism and Sport if measures are being taken to ensure that those who have an expired national car test certificate and who have applied for a test but are unable to receive an appointment for a test due to long waiting lists do not acquire penalty points. [49627/14]

View answer

Written answers

I propose to take Questions Nos. 976, 989 and 990 together.

Changes to the penalty points regime which came into effect on 8 December last were legislated for under the Road Traffic Act 2014.   Those changes relate to a range of measures, including the National Car Test (NCT) system, which contribute to making our roads safer for all users.

It has, for some years, been an offence to use a vehicle on public roads without a valid NCT certificate. Prior to the recent change, this offence involved a direct summons to court and the assignment of 5 penalty points on conviction. The provisions in the 2014 Act brought this offence within the fixed charge notice system. An alleged offender will now be issued with a fixed charge notice and, on payment of the €60 charge, will have 3 penalty points assigned to their licence. The driver will, of course, continue to have the option of going to court where 5 points will still apply on conviction.

I understand from the Road Safety Authority (RSA) that any car owner should receive an NCT appointment within 28 days and that in order to meet this standard, in some cases, the National Car Testing Service (NCTS) holds requests on a waiting list until a suitable slot is found. In the majority of cases, customers are given a slot within the required timescale.

The RSA is encouraging people to book early, as the test may be undertaken up to 90 days in advance of the due test date without affecting the expiry date of the new certificate. This system is to ensure that owners have ample time to have their vehicle tested before their current NCT certificate expires.

Enforcement of the relevant legislation is a matter for An Garda Síochána. If a person's NCT test date is imminent, it will be a matter for the Gardaí to use their discretion. However, responsibility rests with owners and users of vehicles to ensure their vehicles are in compliance with the law.

As the RSA has overall responsibility for the operation, oversight and delivery of the National Car Test, statistics relating to NCT waiting times at test centres are a matter for the Authority. I have therefore referred Deputy Murphy's Question, together with that part of Deputy Mulherin's Question relating to current NCT waiting times at each test centre in the country, to the RSA for direct reply.  Please advise my Office if you do not receive a reply within ten working days.

Penalty Points System Offences

Questions (977)

Mattie McGrath

Question:

977. Deputy Mattie McGrath asked the Minister for Transport, Tourism and Sport the analysis his Department has undertaken to investigate the disproportionate impact that will be felt by learner drivers in rural Ireland who must comply with new penalty points regulations; his views on introducing discretionary measures for such drivers in view of the increased likelihood of an adverse social impact; and if he will make a statement on the matter. [49474/14]

View answer

Written answers

The changes introduced last month, to which the Deputy refers, do not involve the creation of any new offences.  There has been no change in the legal obligations of learner or other drivers.  

Since the learner permit was created, it has always been an offence to drive without an L-Plate and without an accompanying driver.  These are conditions of the learner permit, and must be complied with for a learner to drive using their permit.  What has changed as of 8 December 2014 is that there are now penalty points for driving without an L-plate, and for driving unaccompanied while on a learner permit.

The purpose of the introduction of these penalty points is to improve road safety and save lives, and to reduce the number of collisions, deaths and injuries among inexperienced drivers.

My overriding consideration must always be safety, for learners themselves and for all other road users.

Question No. 978 answered with Question No. 971.

Motor Insurance Coverage

Questions (979)

Áine Collins

Question:

979. Deputy Áine Collins asked the Minister for Transport, Tourism and Sport the reason an insurance company (details supplied) will not provide private motor insurance cover in respect of a person in County Cork. [49518/14]

View answer

Written answers

Motor insurance is a private contractual arrangement between the insurer and the insured. My Department has no role in the regulation of motor insurance.  

While there is no reference to the reasons given for declining motor insurance in this case, the insurance company concerned, in their correspondence, rightly pointed out that the means of redress to a situation of refused motor insurance cover is through the Declined Cases Agreement with the motor insurance industry represented by Insurance Ireland.

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