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Tuesday, 7 Mar 2017

Written Answers Nos. 788 - 803

Cycling Facilities Funding

Questions (788)

Catherine Murphy

Question:

788. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the current programmes which are directly funded by his Department and which provide in whole or in part cycle infrastructure or cycle promotion; if he will quantify funding provision for same in 2017; and if he will make a statement on the matter. [11603/17]

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Written answers

€9.3m has been allocated for 2017 for Smarter Travel initiatives.  Over recent years my Department has funded a number of behavioural change programmes under Smarter Travel including the Green Schools programme, Bike Week and the Smarter Travel Workplaces and Smarter Travel Campuses programmes.  Funding of these behavioural change programmes will continue in 2017 and this year the Department will also fund the roll-out of the new national cycle training standard - Cycle Right.

My Department has also funded a number of infrastructural programmes under Smarter Travel including the National Cycle Network, Smarter Travel Towns and Active Travel areas programmes. These infrastructural programmes were multi-annual funding programmes that ran until the end 2016.  Some grants awarded under these programmes were not fully drawn down by end 2016 so there is some carry-over of funding for those projects in 2017.

My Department will now undertake an evaluation of the Smarter Travel infrastructural programmes to establish what worked and what did not work in the Smarter Travel Area, Active Travel Towns and National Cycle Network programmes.  The knowledge gained from this review will determine the best way of using the remaining funding available for Smarter Travel under the remaining period of the Capital Plan.  My Department is also developing a new Greenways Strategy to inform future investment in greenways.

Irish Aviation Authority

Questions (789)

Dara Calleary

Question:

789. Deputy Dara Calleary asked the Minister for Transport, Tourism and Sport the operating conditions of an Irish Aviation Authority facility (details supplied); if he is satisfied that all good practice is adhered to; if there is any aspect of the facility that gives rise to health concerns, in particular, emission levels from radar equipment within the facility; and if he will make a statement on the matter. [11675/17]

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Written answers

The issues raised  are operational matters for the Irish Aviation Authority (IAA).  I have referred the Deputy's question to the IAA for direct reply.  Please advise my private office if you do not receive a reply within ten working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Irish Aviation Authority

Questions (790)

Dara Calleary

Question:

790. Deputy Dara Calleary asked the Minister for Transport, Tourism and Sport the damage caused to a facility (details supplied) in County Mayo during recent storms; and if he will make a statement on the matter. [11676/17]

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Written answers

The issues raised  are operational matters for the Irish Aviation Authority (IAA).  I have referred the Deputy's question to the IAA for direct reply.  Please advise my private office if you do not receive a reply within ten working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Taxi Regulations

Questions (791)

Catherine Connolly

Question:

791. Deputy Catherine Connolly asked the Minister for Transport, Tourism and Sport the names and corresponding categories of the members of the Taxi Advisory Committee; the vacancies that exist; when it is expected that these vacancies will be filled; the criteria for regional representation that are considered; and if he will make a statement on the matter. [11726/17]

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Written answers

The Taxi Regulation Act 2013 provides that the Taxi Advisory Committee (TAC) shall consist of a Chairperson and 17 ordinary members. The 2013 Act also sets out requirements with regard to categories of representation.

There are currently four vacancies on the TAC. In relation to three of those vacancies which are in the special interest/expertise category, applications for these vacancies submitted to me from the Public Appointments Service (PAS) are currently being reviewed in line with recently approved new principles and procedures relating to State Board appointments under my Department’s remit.  I expect to make those three appointments shortly. The process to fill the fourth vacancy which is in the consumer interest category, will be initiated shortly with PAS.

There is no specific category relating to geographical location. However, the 2013 Act does provide that in appointing the Chairperson and ordinary members of the TAC the Minister shall, in so far as is practicable, ensure both urban and rural representation.

Details of current membership are as follows:

Taxi Advisory Committee - March 2017

 -

Board Member

Agency/Organisation

Category under the 2013 Act 

Date of Expiry of appointment

1.

Pat Byrne

Chair

Chairperson

31/07/2018

2.

Gerard Macken

Taxi Alliance of Ireland

Small Public Service Vehicle (SPSV) Sector

31/07/2018

3.

Martin Plummer

National Chauffer Drivers Association of Ireland

SPSV Sector

31/07/2018

4.

Robert Lynch

Allied Cork Taxi Council

SPSV Sector

31/07/2018

5.

Joe Herron

Irish Taxi Drivers Federation

SPSV Sector

31/07/2018

6.

David Mc Guinness

Tiománaí Tascaí na hÉireann

SPSV Sector

31/07/2018

7.

Mary Henchy

Dún Laoghaire Rathdown Co.Co.

Local Authorities

31/07/2018

8.

Cornelius O'Donohue

Garda National Traffic Bureau of An Garda Síochána

An Garda Síochána

31/07/2018

9.

Michael Kilcoyne

Consumer Association of Ireland

Consumer interest

31/07/2018

10.

VACANCY

 

Consumer interest

31/07/2018

11.

Niamh Fawl

National Disability Authority

Persons with disabilities interest

31/07/2018

12.

Mike Jones

Chambers Ireland

Business interest

31/07/2018

13.

Mairead Hayes

Irish Senior Citizens Parliament

Older persons interest

31/07/2018

14.

Al Ryan

Irish Hotel Federation

Tourism interest

31/07/2018

15.

Stephen Cluskey

N/A

Special interest/expertise

31/07/2018

16.

VACANCY

Special interest/expertise

31/07/2018

17.

VACANCY

Special interest/expertise

31/07/2018

18.

VACANCY

Special interest/expertise

31/07/2018

Driver Licensing Exchange Agreements

Questions (792)

Michael Harty

Question:

792. Deputy Michael Harty asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 614 of 21 February 2017, and in view of the fact that the licence exchange agreement is already fully in place in British Columbia as it has accepted Irish licences since early 2016, the reason a timeframe for an agreement from the Irish side in regard to accepting British Columbian licences, which is affecting Canadians' ability to drive here, cannot be provided; and if he will make a statement on the matter. [11729/17]

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Written answers

Further to my response to PQ number 614 of 21 February 2017, an agreement with British Columbia is not yet in place.  Until such an agreement is in place it is not possible for Ireland to commence the licence exchange agreement with that Canadian province.  I cannot speak for the British Columbian authorities and their acceptance or not of Irish driving licences for exchange.

Sports Facilities Provision

Questions (793)

Eamon Ryan

Question:

793. Deputy Eamon Ryan asked the Minister for Transport, Tourism and Sport his plans for the provision of a velodrome at the National Sports Campus in Abbotstown; if funding has been identified for this; if a timeframe is in place to deliver it; and if he will make a statement on the matter. [11843/17]

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Written answers

Any proposal to proceed with the development of a velodrome at the National Sports Campus will be subject in the normal way to the availability of capital funding and the outcome of an appropriate financial appraisal, in accordance with the Public Spending Code.  A financial appraisal for the project has been submitted to my Department by Sport Ireland and is currently being reviewed.  The availability of capital funding for the project will be determined in the Mid Term Review of the Capital Plan.

Sports Capital Programme Applications

Questions (794)

Fiona O'Loughlin

Question:

794. Deputy Fiona O'Loughlin asked the Minister for Transport, Tourism and Sport when the allocation of funds for the sports capital programme will be announced; and if he will make a statement on the matter. [11933/17]

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Written answers

A record 2,320 applications were received under the 2017 Sports Capital Programme and these applications are seeking a total of €155m.  All of the applications received will be assessed by officials in my Department over the coming months.  Given the number of applications received and the detailed information submitted, it will take a number of months to complete this process and I expect that allocations will be made in August or September.

Bus Éireann

Questions (795)

Thomas P. Broughan

Question:

795. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport his views on the current state of Busáras; if he will support greater investment in improving Busáras for bus passengers; his position on the way Busáras could be enhanced to become a first class bus transport facility; if a new bus station will be built in Dublin or if it is planned to have a new hub for private bus operators in the inner city; and if he will make a statement on the matter. [11999/17]

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Written answers

As Minister for Transport, Tourism and Sport I have responsibility for policy and overall funding in relation to public transport.  The National Transport Authority (NTA) has statutory responsibility for the planning and development of public transport infrastructure in the Greater Dublin Area.

In accordance with Dublin Transport Authority Act 2008, as amended, the NTA has statutory responsibility for securing the provision of or providing bus stops, bus shelters, bus stations, stands and bus fleets in the State. Accordingly, I have referred your question to the NTA for reply.  Please advise my private office if you don't receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Maritime Training

Questions (796)

Michael McGrath

Question:

796. Deputy Michael McGrath asked the Minister for Transport, Tourism and Sport further to Marine Notice No. 06 of 2017, the reason he will not recognise under EU mutual recognition rules training certificates issued in respect of training provided here by the competent authorities of other EU member states; and if he will make a statement on the matter. [12026/17]

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Written answers

I refer to my previous reply to Deputy McGrath on 29 September 2016.  In that reply I confirmed that the mutual recognition of IMO STCW certificates validly issued by other EU Member States is fully supported and accepted by my Department.  Particular issues had arisen in relation to IMO STCW certifications under the authority of the United Kingdom which were the subject of correspondence between my Department and, inter alia, the UK authorities.

  That correspondence has now concluded and it has been clarified that the sole competent authority for the designation of bodies to provide statutory training and for the issue of IMO STCW certificates in respect of such training in Ireland is the Minister for Transport, Tourism and Sport.

Only IMO STCW certificates issued in Ireland by or under the authority of the competent authority in Ireland are valid for the purposes of the relevant EU legislation and are therefore properly the subject of mutual recognition.  Training cannot validly be provided under EU law in this jurisdiction under the authority of another EU Member State and the purpose of Marine Notice No. 06 of 2017 was to make this position clear to seafarers, students, Training Providers and other interested parties.

Brexit Issues

Questions (797)

Charlie McConalogue

Question:

797. Deputy Charlie McConalogue asked the Minister for Jobs, Enterprise and Innovation if she has raised the future status of the UK as a member of the European Chemicals Agency with her UK and EU counterparts; and if she will make a statement on the matter. [11354/17]

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Written answers

European chemicals legislation has undergone much change in recent years with the introduction of key EU Regulations such as the “REACH” Regulation 1907/2006 (governing the Registration, Evaluation, Authorisation and Restriction of Chemicals) and the “CLP” Regulation 1272/2008 (Classification, Labelling and Packaging of hazardous chemicals). The aim of REACH is to protect both human health and the environment.

The European Chemicals Agency (ECHA) ensures the consistent implementation of the “REACH” and “CLP” Regulations (together with EU Regulations governing biocides and the export/import of hazardous chemicals) across the European Union and the countries in the European Economic Area.

There are a number of Government Departments and Agencies involved in the regulation of chemicals in Ireland. The Department of Jobs, Enterprise and Innovation has the lead responsibility for chemicals policy and for developing the enforcement regime associated with REACH. An agency of my Department, the Health and Safety Authority (HSA), is the principal competent authority under the Chemicals Acts 2008 and 2010. In addition, other bodies have also been designated as competent authorities with responsibility under these Acts for particular aspects of REACH, including the Minister for Agriculture, Food and the Marine and the Environmental Protection Agency (EPA).

The UK Government has not yet indicated how it envisages the future of chemicals regulation in the UK after the Referendum result. In the United Kingdom, the Minister responsible for chemicals policy is the Secretary of State for Environment, Food and Rural Affairs. I am not aware that the topic of the future status of the UK as a member of the European Chemicals Agency has arisen at any of the series of regular contacts that have taken place between the UK Minister and her Irish and other EU counterparts.

My Department is monitoring developments closely in conjunction with the other relevant Government Departments and Agencies, including the HSA, the Department of Agriculture, Food and the Marine; the Department of Communications, Climate Action and Environment; and the EPA. My Department is also following work being undertaken by the UK House of Commons Environmental Audit Committee which is conducting an inquiry into the future of environmental law and policy following the result of the EU Referendum. That parliamentary inquiry will focus on the future of REACH and will consider, for instance, whether administrative and enforcement responsibilities, which are currently discharged by the European Commission or ECHA, will need to be transferred to national authorities in the UK.

The UK’s decision to leave the European Union will impact significantly on policy fields across all Government Departments. However as negotiations on the UK’s exit have not yet commenced it is not possible to pre-empt the outcome at this stage. That said, the Government’s preparation remains extensive and ongoing across all key issues and sectors. Both risks and opportunities arising from Brexit are being analysed and considered.

Copyright Legislation Review

Questions (798)

Joan Burton

Question:

798. Deputy Joan Burton asked the Minister for Jobs, Enterprise and Innovation if she will undertake a full review of the rights of artists here, including a thorough examination of existing copyright laws and the current competition Acts. [11687/17]

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Written answers

In response to Parliamentary Question No. 739 put down by the Deputy on 31 January 2017, I informed the Deputy that Government had approved the General Scheme of a Copyright Bill, the main purpose of which is to respond to certain of the recommendations contained in the Report of the Copyright Review Committee entitled “Modernising Copyright”, which was published in October 2013.  Formal drafting of the Bill with the office of Parliamentary Counsel is currently in progress.

Artists who are employees in Ireland have the same rights as all other employees. In cases of self-employed artists, as with other self-employed workers, the application of competition law would only be a consideration if there are allegations of anti-competitive behaviour.

Personal Injury Claims

Questions (799)

Noel Rock

Question:

799. Deputy Noel Rock asked the Minister for Jobs, Enterprise and Innovation if consideration will be given to a consultation process to amend the injuriesboard.ie book of quantum in an effort to tackle high compensation payments; and if she will make a statement on the matter. [11879/17]

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Written answers

The Personal Injuries Assessment Board (PIAB) is an independent statutory agency charged with assessing claims for compensation arising from personal injuries sustained as a result of a motor, workplace or public liability accident and where both parties, claimant and respondent, consent to an assessment.  It is a matter for the parties concerned whether or not they wish to accept the assessment.  I have no direct function in relation to the day to day operational matters of PIAB. 

Section 54 of the Personal Injuries Assessment Board Act 2003 sets out the principal functions of the Board. Section 54(1)(b) states: ‘to prepare and publish a document (which shall be known as the ‘‘Book of Quantum’’) containing general guidelines as to the amounts that may be awarded or assessed in respect of specified types of injury’.

The revised Book of Quantum was published on 5 October 2016.  The Book was compiled by independent consultants and commissioned by the Personal Injuries Assessment Board (PIAB).

The Book isn’t a recommendation for compensation levels but rather a reflection of the prevailing level of awards, i.e.:

- compensation values awarded by the courts

- settlements agreed by the Insurance Industry

- settlements agreed by the State Claims Agency; and

- settlements agreed through the PIAB process.

The revised Book of Quantum provides the most comprehensive research available on levels of personal injuries awards prevailing in Ireland.  It is based on a detailed analysis of 51,000 closed personal injury claims from 2013 and 2014 and includes compensation awards from Court cases, insurance company settlements, State Claims Agency cases and data relating to awards of the Personal Injuries Assessment Board. It also contains more granular detail on injuries and new injury types and more narrowly defined compensation bands.

One of the recommendations in the Cost of Insurance Working Group Report on the Cost of Motor Insurance published on 10 January 2017 by the Minister for Finance, Mr Michael Noonan T.D., and the Minister of State for Financial Services, Mr Eoghan Murphy T.D. is to explore with the judiciary how future reviews of the Book of Quantum/guidelines might involve appropriate judicial involvement in its compilation or adoption.

Construction Industry

Questions (800)

David Cullinane

Question:

800. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the measures her Department has put in place to combat bogus self-employment in the construction industry; and if she will make a statement on the matter. [11249/17]

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Written answers

Apart from significant losses to the Exchequer that can arise from cases of so-called bogus self-employment, the practice has serious implications from an employment rights perspective.  In this respect, it is important that individuals are correctly designated regarding their employment status so that those who ought to be designated as employees are not deprived of their employment rights.  This is particularly the case for vulnerable workers who may not feel in a position to object to certain arrangements. 

Ireland has a well-resourced labour inspectorate, which forms part of the Workplace Relations Commission (WRC) and there are existing mechanisms in place to determine the employment status of individuals or groups. 

WRC Inspections are undertaken on the basis of risk analysis which identifies certain sectors, as a result of complaints received and on a routine basis.  Where the WRC inspection service discover or issues are raised in relation to bogus self-employment or bogus sub-contracting, they are forwarded to the Revenue Commissioners and/or the Department of Social Protection (Scope Section) for investigation either solely by the recipient, or jointly with the Workplace Relations Commission.  In this respect, the Deputy will be aware of a case reported in the media earlier this year about a number of construction workers who sought clarification of their employment status from the Department of Social Protection.

In most cases it will be clear whether an individual is employed or self-employed.  Where there is doubt in relation to the employment status of an individual the relevant Departments and Agencies will have regard to the Code of Practice for Determining Employment or Self-Employment Status of Individuals.  This Code was drawn up and agreed in 2007 by the relevant Government Departments with ICTU and IBEC.

Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the WRC where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court.  Complaints can be made on a single complaint form available at the WRC’s website www.workplacerelations.ie.

WRC inspectors can also be asked to investigate certain breaches.  The WRC’s Customer Service Section, which  provides information to both employers and employees in relation to employment and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.

Brexit Issues

Questions (801)

Niall Collins

Question:

801. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if she has raised the UK's future membership of the European Space Agency with her UK or EU counterparts; and if she will make a statement on the matter. [11350/17]

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Written answers

The European Space Agency is an international organisation with 22 Member States from both within and outside the European Union.  The Agency operates independently of the European Union and the United Kingdom’s membership of ESA is not dependent on its EU membership. The UK Government’s White Paper on Brexit notes that the United Kingdom was a founding member of ESA and that it recently committed €1.4 billion to research and development in this sector. The United Kingdom’s policy is to continue to be a member of ESA after it leaves the European Union.  I have not, therefore, raised the issue of the UK’s future membership of ESA in any forum.

Jobs Data

Questions (802, 803)

Mary Lou McDonald

Question:

802. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation the cost per job in taxpayer support of jobs created by IDA Ireland and ConnectIreland respectively. [11405/17]

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Mary Lou McDonald

Question:

803. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation the reason a review is being conducted into ConnectIreland; and the reason the programme is being shut down before the results of that review are published. [11406/17]

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Written answers

I propose to take Questions Nos. 802 and 803 together.

The contract underpinning the Succeed-in-Ireland initiative, which has been operated by Connect Ireland since March 2012, is set to conclude on 26 March 2017. This had been due to expire in March 2016 but was extended for a further 12 months last year. The purpose of that extension, which was jointly agreed by Connect Ireland and IDA Ireland, was to facilitate both parties in effecting an orderly wind down of the original contract.

A review of the initiative’s performance and operation will shortly be commissioned by my Department. This will allow us to better understand its contribution to employment generation in the State. As I have said before in the Dáil, I believe it is in the interests of good governance that this review be undertaken before a determination is made on the long-term future of the programme.

As regards the cost to the exchequer of IDA Ireland client company jobs, the most recent available figures cover the period between 2009-2015. These indicate an average cost of €10,553 per position.

I understand, from the IDA, that the Succeed-in-Ireland initiative has created 527 jobs on the ground. IDA Ireland has paid €2,069,000 to Connect Ireland as a financial reward for those 527 positions. The Agency has also provided Connect Ireland with a further €150,000 for marketing support for the operation of the programme. My understanding is that the remainder of Connect Ireland’s operating costs are met by the company itself.

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