Tuesday, 16 May 2017

Written Answers Nos 547-565

National Transport Authority Remit

Questions (547)

Robert Troy

Question:

547. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport his plans to give the NTA powers to regulate motorised or battery powered rickshaws. [22912/17]

Written answers

Minister for Transport, Tourism and Sport

Dáil Éireann voted to provide for the regulation of rickshaws by way of an amendment to the then Road Traffic Bill 2016, which subsequently became Section 31 of the Road Traffic Act 2016.

As I indicated in the Seanad during that House's consideration of the Dáil amendments to the Road Traffic Bill and in reply to recent Parliamentary Questions, I am taking legal advice on the implications of Section 31, especially given that it was not drafted by the Office of the Parliamentary Counsel or approved by the Office of the Attorney General.

In addition, the National Transport Authority (NTA) has submitted proposals to my Department for a potential framework for the future regulation of rickshaws.  These are being considered in tandem with the legal advice. 

I share the Deputy's concerns about the need for regulation of rickshaws and I hope to finalise my consideration of both the legal advice and the NTA proposals shortly.

Action Plan for Rural Development Implementation

Questions (548)

Peadar Tóibín

Question:

548. Deputy Peadar Tóibín asked the Minister for Transport, Tourism and Sport if the strategy to underpin the development, funding and promotion of greenways has been developed in quarter 2 of 2017 as was promised in the Action Plan for Rural Development; if not, the stage it is currently at; when it is due for publication; and if he will make a statement on the matter. [22926/17]

Written answers

Minister for Transport, Tourism and Sport

My Department will be developing a new Strategy to underpin the future development and funding of greenways this year.  I recently discussed the proposed approach to the development of the Strategy with my colleagues on the Cabinet Committee on Rural and Regional Affairs.  I will be launching a public consultation process in the coming days to inform the development of the Strategy and all interested parties will have the opportunity to give their views as part of the public consultation process.  The public consultation process will last for 6 weeks and I would urge all those interested in the subject to submit their views on it.  These will be taken into account in finalising the Strategy and I expect that this will be completed and the Strategy published by the end of the year.

Taxi Regulations

Questions (549)

Peadar Tóibín

Question:

549. Deputy Peadar Tóibín asked the Minister for Transport, Tourism and Sport if the review of the small public service vehicle driver licensing framework has been carried out; when the findings will be published; and if he will make a statement on the matter. [22927/17]

Written answers

Minister for Transport, Tourism and Sport

The regulation of the small public service vehicle (SPSV) industry, including issues pertaining to the SPSV Driver Entry requirements, is a matter for the National Transport Authority (NTA) under the provisions of the Taxi Regulation Act 2013.

I have therefore referred your question to the NTA for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.

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

Regional Road Network

Questions (550)

Peadar Tóibín

Question:

550. Deputy Peadar Tóibín asked the Minister for Transport, Tourism and Sport if the scope for increased investment in regional roads, in view of the review of the capital investment plan 2016 to 2021, as outlined in the Action Plan for Rural Development has been examined; the stage this scoping review is at currently; if the findings will be published; if so, when the publication is due; and if he will make a statement on the matter. [22928/17]

Written answers

Minister for Transport, Tourism and Sport

As the Deputy is aware, the Capital Plan sets out transport investment priorities to 2022. The decisions on the transport elements of the Capital Plan were framed by the conclusions reached in my Department’s Strategic Investment Framework for Land Transport. Based on the findings in that report it is envisaged that maintenance and renewal of the road network will continue to be the main priority over the next period and the bulk of the roads capital budget, over €4 billion, is earmarked for such essential work with a further €600 million allocated for implementation of the PPP road programme which is already underway. In this context it was not possible to include a range of projects in the Plan given the overall funding envelope available.

As regards the possibility of additional funding within the Plan period, the Minister for Public Expenditure and Reform has started the Capital Plan review and has indicated that the additional capital funding for allocation across all Departments totals €2.6 billion.  My Department is seeking additional funding for a package of measures, including regional and local roads.  While there is a strong case for additional funding for the transport sector, which was reflected in the Action Plan for Rural Development, there are a multitude of possible national, regional and local projects around the country, the cost of which far exceed available funding. The final decisions on allocations are matters for the Minister for Public Expenditure and Reform and Government as a whole.

Driver Safety

Questions (551)

Róisín Shortall

Question:

551. Deputy Róisín Shortall asked the Minister for Transport, Tourism and Sport his plans to reduce the incidence of the number of learner drivers driving unaccompanied; his views on the impact that this has on their insurance coverage in the event of an accident; and if he will make a statement on the matter. [22969/17]

Written answers

Minister for Transport, Tourism and Sport

The Road Safety Authority runs advertising campaigns including through social media, in conjunction with An Garda Síochána, several times a year to highlight the responsibilities of learner drivers.  Recommendation 32 of the Report on the Cost of Motor Insurance prepared by the Working Group on the Cost of Insurance http://www.finance.gov.ie/sites/default/files/170110%20Report%20on%20the%20Cost%20of%20Motor%20Insurance%202017.pdf concerns an arrangement to be made by my Department and the Road Safety Authority with the insurance industry which will entail the insurance industry promoting compliance with road safety legislation with a particular focus on learner drivers.  A draft Agreement has been drawn up by my Department and the Road Safety Authority and has been circulated to the insurance industry for their observations and agreement. What is envisaged is motor insurance companies outlining through a number of channels the duties and responsibilities of learner drivers, including making them aware of the serious consequences of any non-compliance with road safety legislation including of driving unaccompanied.

It is an offence for learner drivers to drive unaccompanied under the Road Traffic Acts and enforcement of this requirement is a matter for An Garda Síochána.  In addition, section 39 of the Road Traffic Act 2016 provides for the offence where the owner of a vehicle allows it to be driven by a learner driver driving unaccompanied. Legal advice, however, will be required before commencing the provisions.

National Transport Authority Administration

Questions (552)

Robert Troy

Question:

552. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport his views on the recommendation of the Mahon tribunal that there be an independent appointments board to appoint members of National Transport Authority to improve transparency in the planning process which has yet to be implemented and is not in the process of being implemented. [22995/17]

Written answers

Minister for Transport, Tourism and Sport

As we are all aware, the Mahon Tribunal was established, as its formal title states, to enquire into certain planning matters and payments. The Final Report of the Tribunal made a total of 64 recommendations relating to its inquiry into those planning matters and payments and included among those 64 was a recommendation that appointments to the Board of the National Transport Authority (NTA) be made by an independent authority rather than the Minister for Transport, Tourism and Sport.

The Deputy is as aware as I am that the remit of the NTA extends far beyond its important role in ensuring better integration of transport and land-use planning in the Greater Dublin Area. The NTA is the key agency involved in the regulation of public transport services and delivery of public infrastructure not just in the GDA but the State as a whole:

- It has responsibility for the provision of all PSO bus and rail services across the State through the award of public service contracts with operators;

- It monitors and reports on the performance of those operators and can reward and penalise operators based on their performance;

- It licenses and regulates all commercial bus services in the State;

- It is responsible for the development of integrated ticketing and passenger information in relation to public transport services across the State;

- It invests in bus infrastructure and cycle facilities throughout the State;

- It administers and oversees the Rural Transport Programme;

- It is the designated national authority in relation to passenger rights in bus, rail and maritime transport; and

- It has a particular role in the GDA in terms of public transport infrastructure delivery.

So as can be seen from the above, the NTA's role is much broader than that of a purely land-use focussed planning authority, such as An Bord Pleanála for example. Its role in relation to land-use planning is primarily to ensure consistency between the adopted land-use plans of local and regional authorities in the GDA with the transport strategy as developed by the NTA.

The Deputy is aware that in addition to the generally applicable Guidelines on State Board Appointments, appointments to the Board of the NTA must also comply with my Department's new Principles and Procedures, which I have introduced and which complement the Public Appointments Service-led process.

I am satisfied that there are robust and transparent processes in place to ensure suitably qualified and independent persons are appointed to the Board of the NTA.

Local Improvement Scheme Funding

Questions (553)

Brendan Griffin

Question:

553. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if he will provide funding to local authorities specifically for local improvement schemes in view of the fact that the current level of roads funding is not adequate to allow local authorities to allocate funding for local improvement schemes; and if he will make a statement on the matter. [23059/17]

Written answers

Minister for Transport, Tourism and Sport

The improvement and maintenance of regional and local roads is the statutory responsibility of the local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from the local authority's own resources supplemented by State road grants.  The initial selection and prioritisation of works to be funded is also a matter for the local authority.

Maintenance of private laneways/roads not taken in charge by local authorities is the responsibility of the landowners concerned. Due to the major cutbacks in roads funding it was necessary for my Department to cease making separate allocations to local authorities in respect of the Local Improvement Scheme (LIS). The approved scheme remains intact and local authorities can use a proportion of State grant funding for LIS should they wish to do so.

While there is a modest increase in funding for roads this year, it will take some years yet under the Capital Plan to restore "steady state" funding levels for regional and local roads. The primary focus has to continue to be on the maintenance and renewal of public roads. Local authorities can continue to use a proportion of their Discretionary Grant for the Local Improvement Scheme in 2017.

In light of the provision in the Programme for Government indicating that, as the economy recovers, the Government will promote increased funding for Community Involvement and Local Improvement Schemes, I will review the scope for making a separate grant allocation once the planned Review of the Capital Plan is completed.

Driver Test Waiting Lists

Questions (554)

Michael Healy-Rae

Question:

554. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport the status of a driving test for a person (details supplied); and if he will make a statement on the matter. [23124/17]

Written answers

Minister for Transport, Tourism and Sport

The Road Safety Authority has statutory responsibility for the driver testing service.

I have therefore forwarded your question to it for direct reply.

I would ask the Deputy to contact my office if he has not received a response within 10 working days. 

Motor Insurance

Questions (555)

Imelda Munster

Question:

555. Deputy Imelda Munster asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that car owners are being quoted outlandish amounts to insure cars that are 15 years old or more, notwithstanding the fact that they have passed the NCT and as such are deemed to be roadworthy and safe; the reason for this premium loading; and if he will make a statement on the matter. [23141/17]

Written answers

Minister for Transport, Tourism and Sport

The provision of insurance cover and the price at which it is offered is a commercial matter for insurance companies, and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet those risks. These are considered by insurance companies on a case by case basis, relying on a combination of rating factors such as age of the driver, claims record, driving experience, number of drivers, uses of the car, etc.

The National Car Test was introduced to comply with EU Periodic Roadworthiness Testing requirements, and a car which passes the test may be driven on our roads. A valid NCT certificate only confirms that a vehicle is in a roadworthy condition at the time of the test.

Accordingly, different insurance companies apply ratings individually when pricing insurance.  Member States are expressly prohibited by the EU framework for Insurance from requiring insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.

Tourism Promotion

Questions (556)

Pearse Doherty

Question:

556. Deputy Pearse Doherty asked the Minister for Transport, Tourism and Sport his plans to develop and guarantee the long-term future of Arranmore lighthouse in County Donegal as a tourist attraction; the assistance and supports his Department has provided in recent years to realise same; and if he will make a statement on the matter. [23178/17]

Written answers

Minister for Transport, Tourism and Sport

I have no such plans, as Arranmore lighthouse is owned by the Commissioners of Irish Lights (CIL), which has overall responsibilities for aids to navigation around Ireland.

The potential uses of the lighthouse in addition to its core function as an aid to navigation is a matter for CIL, and I have no role in that regard.

Aviation Industry Regulations

Questions (557)

Seán Haughey

Question:

557. Deputy Seán Haughey asked the Minister for Transport, Tourism and Sport if he will regulate the use of drones particularly in private spaces; the way in which the existing laws are being implemented; and if he will make a statement on the matter. [23204/17]

Written answers

Minister for Transport, Tourism and Sport

The Irish Aviation Authority (IAA) has statutory responsibility for aviation safety regulation in Ireland, including the regulation of remotely piloted aircraft systems (drones), as provided for under  S.I. No. 563/2015 - Irish Aviation Authority (Small Unmanned Aircraft (Drones) and Rockets) Order, 2015. Under this Order, all drones weighing over 1 kilogram must be registered with the IAA and their use is prohibited over urban and residential areas.

Any unauthorised use of a drone may be reported to An Garda Síochána. Moreover, the IAA has informed my Department that it engages with those who operate drones unsafely when its brought to its attention. Each case is dealt with on an individual basis and evaluated for potential impact on safety.

Should you require further information about the implementation of S.I. No. 563 of 2015 the IAA is available to assist you.

Olympic Games Ticketing Arrangements

Questions (558)

Imelda Munster

Question:

558. Deputy Imelda Munster asked the Minister for Transport, Tourism and Sport when he expects the inquiry into the Rio de Janeiro Olympic Games ticketing scandal to publish its findings; and if he will make a statement on the matter. [23215/17]

Written answers

Minister for Transport, Tourism and Sport

On 21 March 2017, the Moran Inquiry's solicitor contacted my officials to say that Judge Moran's Report into the circumstances and facts concerning ticketing at the Rio Olympic Games would be circulated to certain parties on 31 March 2017. Those parties would be afforded three weeks to respond, and the Judge would then require time to consider these responses. As a consequence, Judge Moran wrote to Minister O'Donovan and I to request an extension of the deadline for presentation of his Report to 19 May 2017.  This extension was granted.

Once the Report has been presented, it will require careful consideration prior to its publication and I am therefore not yet in a position to indicate a publication date.

Sports Capital Programme Applications

Questions (559)

Declan Breathnach

Question:

559. Deputy Declan Breathnach asked the Minister for Transport, Tourism and Sport when the sports capital grant awards will be announced; and if he will make a statement on the matter. [23220/17]

Written answers

Minister of State at the Department of Transport, Tourism and Sport

All of the 2320 applications received under the 2017 Sports Capital Programme 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 the assessment process.

It is expected that an announcement regarding allocations will be made in September.

Aviation Policy

Questions (560, 561, 562, 563, 564, 565)

Darragh O'Brien

Question:

560. Deputy Darragh O'Brien asked the Minister for Transport, Tourism and Sport if he has advocated for or made official representations at national or EU level for aviation to be included in the transitional arrangements that may be required once the UK leaves the EU; and if he will make a statement on the matter. [23233/17]

Darragh O'Brien

Question:

561. Deputy Darragh O'Brien asked the Minister for Transport, Tourism and Sport if his Department has considered the way Brexit may affect the EU-US open skies agreement; the steps which have been taken by his Department to mitigate against this or prepare for this; and if he will make a statement on the matter. [23234/17]

Darragh O'Brien

Question:

562. Deputy Darragh O'Brien asked the Minister for Transport, Tourism and Sport if the UK exited the EU without any agreement, the estimated impact this would have on aviation here; if Ireland would have to revert back to previously agreed bilateral aviation agreements between Ireland and the UK; if such an agreement would cover all of the airports here; and if he will make a statement on the matter. [23235/17]

Darragh O'Brien

Question:

563. Deputy Darragh O'Brien asked the Minister for Transport, Tourism and Sport the way in which Brexit will potentially affect international connectivity in aviation; and if he will make a statement on the matter. [23236/17]

Darragh O'Brien

Question:

564. Deputy Darragh O'Brien asked the Minister for Transport, Tourism and Sport if his Department has considered the impact that Brexit will have on airlines that sell seats a year in advance and are facing uncertainty as to whether their airplanes will be able to operate as normal in the future as a result of Brexit. [23237/17]

Darragh O'Brien

Question:

565. Deputy Darragh O'Brien asked the Minister for Transport, Tourism and Sport if his Department has examined the impact that the UK leaving the European Safety Agency would have on flights between Ireland and the UK, the UK and Europe and Europe and the US; and if he will make a statement on the matter. [23238/17]

Written answers

Minister for Transport, Tourism and Sport

I propose to take Questions Nos. 560 to 565, inclusive, together.

As with most sectors, Brexit has profound implications for the European aviation sector. But each sector is also different: one of the big differences for international civil aviation is the fact that it is governed by a unique legal regime under the 1944 Chicago Convention. This makes the legalities around Brexit quite different to other areas. For instance unlike most other areas, trade in aviation services are usually excluded from general international trade and investment agreements and instead are governed by a complex web of bilateral agreements between states.

The Deputy's questions cover a number of the most important issues that Brexit raises for civil aviation. I answered a number of questions from the Deputy relating to Brexit and aviation on 2 May (questions 1323, 1324, and 1325) and my answer outlined how aviation matters fit in to the whole-of-government approach to Brexit. Since then the Government has also published a comprehensive document outlining its approach to the Brexit negotiations, which includes a section dealing with transport.

In relation to transitional arrangements the Government has outlined that Ireland's position is that, in order to provide certainty and continuity, a transitional arrangement, bridging the gap between a withdrawal agreement and a future relationship agreement, will be necessary and should be provided for. The particular importance for aviation of such transitional arrangements has been emphasised during the process for the development of the Government's approach, including for the reason correctly highlighted by the Deputy, that airlines plan their routes and sell seats up to a year in advance. Other sectors face similar planning issues, which is why certainty and an orderly withdrawal is being prioritised.

The EU-US Open Skies Agreement is one of over a thousand international agreements which the EU has entered into on a whole range of issues. It is the most important EU aviation agreement. There are a range of possibilities as to how Brexit may impact on this agreement and other similar aviation agreements with third countries.

A similar range of possibilities arises in relation to the European Aviation Safety Agency. EASA currently has a range of different relationships with non-EU states. Some non-EU states have full membership of EASA, while others have observer status, bilateral agreements and/or working arrangements. The UK has played an important role in developing the European aviation safety regime and no doubt it will continue to do so after Brexit.

In relation to Ireland's bilateral aviation agreement with the UK, this was first put in place in 1946 and was last updated in 1988. Other Member States have similar agreements in place. The future status of such agreements will depend on the outcome of the future relationship negotiations with the UK.

All the above issues do of course pose risks for future air connectivity within Europe. The Government has been clear that its approach is aimed at minimising the impact of Brexit on our trade and economy and an orderly withdrawal of the UK from the EU. The Government recognises that there is a desire to have clarity and certainty on every detail of the future EU-UK relationship as quickly as possible. However, we also need to be realistic about the process we are heading into, and the time it will take to reach a full conclusion.

I thank the Deputy for highlighting these important issues. However, it is too early in the Brexit process to speculate in any detail on the possible impacts or outcomes. These questions relate to the future relationship of the EU and the UK in aviation and much depends on progress that can be made during the negotiations on such matters. Ireland will be ready for those negotiations when they begin and the necessary preparations and consultations are already in place.