Written Answers Nos. 1-25
11. Deputy Paul Murphy asked the Minister for Transport, Tourism and Sport the measures he plans to take to protect the rights of a company's (details supplied) passengers that have been impacted by flight cancellations; if he will consider a review of regulations in the sector which includes a protection for workers' rights; and if he will make a statement on the matter. [42164/17]
View answerSince Ryanair announced that it had made a commercial decision to cancel or suspend flights on a number of routes across its European-wide network, officials from my Department have been in regular contact with all the relevant entities including Ryanair, the Commission for Aviation Regulation (CAR) and the Irish Aviation Authority.
I have also been in direct contact with the airline’s CEO and have expressed the Government’s concerns at the disruption caused to passengers by these cancellations, and I will continue to engage with the CAR and the airline to ensure that all Irish passengers’ rights are upheld and that any possible impact upon them is minimised.
The legal framework in relation to protection of air passenger rights in the event of cancellation, denied boarding and delay is set at European level and is governed by the provisions of EU Regulation 261 of 2004. This regulation provides for consumer protections which may include, depending on the circumstances arising, refund of air fares, re-routing either as soon as possible or at a later date at the passengers convenience, care and assistance and compensation.
The Commission for Aviation Regulation (CAR) is the independent regulator for the enforcement of air passenger rights for flights out of Ireland, functioning as the national enforcement body for such matters. The CAR has been working directly with Ryanair since the announcements were made to ensure that the provisions of the regulation were correctly applied in respect of the passengers affected.
On Friday 29 September, CAR announced that it has secured agreement from Ryanair that it will comply with the regulations and directly provide affected customers with the necessary information on refunds, rerouting, care and assistance and compensation. Ryanair has also issued a public statement explaining to customers how and when they will be re-accommodated on other Ryanair flights or other airline flights as necessary. It is understood that Ryanair has also committed to provide weekly updates to CAR on the number of passengers entitled to compensation and expenses, the number of claims submitted and the number of claims closed-out.
The Commission for Aviation Regulation is part of a close network of national enforcement bodies across the EU, including the Civil Aviation Authority (CAA) in UK. It is noted that Ryanair has also recently replied to the UK CAA agreeing to meet its requirement for customer clarification on Ryanair’s obligations under regulation 261, which are in line with those requested by the CAR.
I am satisfied that the Commission for Aviation Regulation is working to ensure that passengers are dealt with efficiently and effectively to minimise disruption to affected customers and to ensure that their consumer rights are fully protected.
As to the cause of the cancellations, that is a matter for Ryanair to clarify and it would not be appropriate to comment on commercial or operational decisions of a private company. Matters concerning staff relations, recruitment, remuneration and other terms of employment are a matter for the company and its employees.
The cause of a flight cancellation is only subject to investigation by a national enforcement body where compensation is requested by passengers but contested by the air carrier. However where compensation is either non-applicable or the air carrier has agreed to pay same in compliance with its obligations, as is the case in this instance, further investigation is not undertaken by a national enforcement body as there is no legal basis to do so.
12. Deputy Mick Barry asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the various industrial disputes in the UK in recent years involving bus workers and a company (details supplied) that has recently been successful in its tender application for 10% of Dublin Bus routes; and if he will make a statement on the matter. [42028/17]
View answerAs I stated in my reply to Parliamentary Question No. 8 (42136/17), of 11/10/17 it is a statutory function of the National Transport Authority (NTA) to conduct the public procurement process relating to the tendering out of 10% of the PSO bus network. I am aware of industrial disputes involving the company and workers at a rail franchise it holds in the UK.
The Labour Relations Commission (LRC) recommendation of May 2015, accepted by all parties at that time, set out that in the event Dublin Bus were unsuccessful in the tendering competition that workers’ rights would be protected and that the NTA would ensure these were built into the contract with the winning bidder. Similarly, the NTA requires any transport operator who operates public transport services to act within the law, including relevant employment legislation.
It was also made clear at the LRC discussions that over a 2 to 3 year period there would be sufficient growth within Dublin Bus to absorb any drivers affected by the loss of tendered routes if Dublin Bus were unsuccessful in the competition. Due to this anticipated growth there will be no compulsory transfer of staff associated with the result of this tender competition.
However, under the EC (Protection of Employees on Transfer of Undertakings) Regulations 2003 (known as "TUPE") Dublin Bus employees may choose to automatically become employees of Go-Ahead on the same terms and conditions. It will be as if their contracts of employment had originally been made with the Go-Ahead. Thus employees’ continuity of employment would be preserved, as would their terms and conditions of employment under their contracts of employment.
13. Deputy Charlie McConalogue asked the Minister for Transport, Tourism and Sport the status of the Bonagee link road project in County Donegal; when this project is likely to commence; and if he will make a statement on the matter. [41975/17]
View answerAs 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 national road projects is a matter for Transport Infrastructure Ireland (TII) under the Roads Acts 1993-2015 in conjunction with the local authorities concerned.
Investment priorities for the period to 2022 are set out in the Capital Plan published in September 2015. 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 and the bulk of the roads capital budget, approximately €4.4 billion, is earmarked for such essential work with a further €600 million allocated for implementation of the PPP road programme which is already underway. Within the overall funding envelope there is, therefore, limited funding for road upgrade projects and it was not possible to include a range of projects in the Plan.
As regards the possibility of funding as part of the Capital Plan Review, my Department made a strong case for additional funding, including for the further development of a project pipeline for national road schemes. As Minister I have to work within the budget available to my Department.
Notwithstanding the strategic and financial constraints outlined above, TII provided an allocation of €1 million to Donegal County Council this year to progress planning work on priority national road improvement projects that were identified in a 2016 Needs Study Report on the TEN-T (Trans-European Transport Networks) Comprehensive Network in County Donegal. The comprehensive network includes the N14 Letterkenny to Lifford road, of which the Letterkenny Inner Relief Road, also known as Bonagee Link Road, is part. Based on the allocation provided in the Review as announced, I am pleased to say the Bonagee Link Road is now being progressed to design stage. The question of funding for construction will be considered in the context of the ten year investment framework which is to be developed with the National Planning Framework.
14. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport if he will seek funding to invest in the development of the Fingal coastal cycleway to link Balbriggan to the Dublin coastal cycleway in Sutton; and if he will make a statement on the matter. [42162/17]
View answerI am pleased to have secured an increase in funding for cycling infrastructure and greenways as part of the mid term review of the Capital Plan.
The awarding of funding to individual projects will be a matter for the National Transport Authority in the case of cycling infrastructure projects within the Greater Dublin Area and the Regional Cities of Cork, Waterford, Limerick and Galway. For projects that fall within the parameters of the upcoming Greenways Strategy, I anticipate that recommendations regarding funding criteria will be set out in the Strategy when it is finalised.
There is likely to be some cross-over in relation to Greenway projects within the Greater Dublin Area and the Regional Cities. However this has yet to be determined and will form a crucial part of the work in finalising the Greenways Strategy.
The East Coast Trail forms part of the Greenway Network of the Greater Dublin Area Cycle Network Plan, which was published by the National Transport Authority in 2014. The East Coast Trail includes an indicative route for a Greenway from Drogheda to Arklow, including a section from Balbriggan to Sutton. To date the only application made for funding to my Department for the route in Fingal has been for the Broadmeadow Estuary Greenway that would link Malahide to Donabate and Newbridge House.
That application was not funded due to the cost of the project exceeding the funding available at that time. I understand that Fingal County Council has subsequently progressed their work on this project with funding from the National Transport Authority and expects to be in a position to submit an application to An Bord Pleanála in the coming months.
Once the Greenways Strategy has been completed I expect to be in a position to announce a new round of funding for Greenways, which will be based on the criteria set out in the Strategy. Those projects that have planning permission in place will benefit from their ability to commence work quickly.
15. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport his plans to deal with the significant financial shortfall in Iarnród Éireann, especially with regard to the capital budget for the rail network; and his views on whether closing certain rail lines is a potential solution. [41967/17]
View answer26. Deputy Bríd Smith asked the Minister for Transport, Tourism and Sport if he will assure workers in Irish Rail and the travelling public that the Government does not support the closure of any of the existing rail network or lines; and if he will make a statement on the matter. [42135/17]
View answerI propose to take Questions Nos. 15 and 26 together.
I refer the Deputies to my replies to Priority Question Nos. 1 and 2, which I answered earlier.
In terms of subvention, I have increased the actual level of subvention available for public transport, which has allowed Iarnród Éireann to receive higher levels of support. Of course I recognise that subvention levels were reduced during the recession; most areas of public expenditure were. But PSO subvention is now increasing - last year Iarnród Éireann got 13% more than 2015. This year it will increase by a further 10%. Overall Exchequer funding (PSO and capital investment) for Iarnród Éireann this year will be over €300 million. But let me be equally clear, that in always focussing on the incremental increases in Budget lines, we can easily forget about the sheer size of taxpayers' money we're talking about. Between 2008 and 2016 the taxpayer has made over €5 Billion available to the three CIÉ companies across both PSO and Capital investment programmes. As taxpayers we need to be certain of the value for money for that level of expenditure.
Just last week, my Department received the NTA's report about the submissions it received as part of the public consultation on the Rail Review Report 2016. As I have already stated, I will now consider the consultation report and I will then bring it to Government. It is my intention that the consultation report should be published by the NTA following consideration by Government. In advance of that, no decisions have been taken regarding matters such as the future of individual rail lines or investment in the company and its relevant infrastructure.
16. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport the level of funding he requested in budget 2018 to move the metro north project forward; his views on the project; the progress to date in 2017; and if he will make a statement on the matter. [42161/17]
View answerAs the Deputy is aware, the National Transport Authority (NTA) has statutory responsibility for the development of public transport infrastructure in the Greater Dublin Area (GDA), including the new Metro North project. Together with a number of other large scale projects included in the NTA's Transport Strategy for the GDA 2016-2035, the new Metro North project will significantly improve capacity in the public transport network in the GDA.
Funding of over €700 million has been allocated under the Government's Capital Plan 2016-2021 for planning, design and to begin construction of new Metro North. Funding in the initial years of the Capital Plan is for planning and design work with construction expected to commence in 2021 with a view to delivering the project by 2026/2027. I am advised by the NTA that there is very little scope to accelerate the project to any significant extent in view of the large volume of work that must be done in terms of planning, etc. and the timeframes required for consultation before construction can commence.
As I have previously advised the Deputy, the NTA and Transport Infrastructure Ireland (TII) have commenced preparatory work on the planning and design of new Metro North and a dedicated project Steering Group has been established which is meeting on a regular basis. The NTA, in collaboration with TII, is undertaking an option analysis and selection study of possible metro alignments and station locations. Arising from this work a final route and station configuration will be established. It is my understanding that the NTA and TII expect that this process will be complete by the end of 2017, after which a public consultation process will be undertaken in 2018.
17. Deputy Imelda Munster asked the Minister for Transport, Tourism and Sport the status of his consideration of the removal of the slip road tolls in Drogheda in view of his recent visit to the site; and if he will make a statement on the matter. [42155/17]
View answerAs Deputy Munster notes, I recently visited the toll bridge and the surrounding areas to hear about the difficulties faced by some local residents and businesses. I am reflecting on the issues raised and whether there are reasonable measures within my power that could ameliorate the concerns expressed to me without causing adverse consequences to the tax payer or local communities.
The statutory position which I as Minister for Transport, Tourism and Sport have is responsibility for overall policy in relation to roads. The statutory powers to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors are vested in Transport Infrastructure Ireland or TII and as such there is no provision under legislation by which I, as Minister, could review toll charges, such as those on the M1.
I am advised that in 2012, TII conducted a study of the implications of the removal of the tolls at the north-facing slip roads at M1 junction 9. Two scenarios were considered. The first involved removing ramp tolls only and the second involved removing ramp tolls and increasing the mainline toll.
The study concluded that significant levels of additional traffic would divert to local routes and that for both Scenarios there would be significant financial implications for TII through increased payments to the PPP company of up to €7 million and that mainline tolls would have to be increased by up to 60%. An update of the study in 2017 concluded that the findings are still valid and would increase in line with growth in traffic demand, year-on-year.
TII is not in a position to underwrite the loss in income that would arise from a TII instruction for the removal of the ramp tolling at Donore interchange. Given the need for ongoing investment in our transport infrastructure, I would not consider it reasonable for the State to pay this and the only possible course of action available to TII would be to increase mainline tolls.
I would also point out that the aim of the Donore ramp toll plazas was to mitigate possible rat-running through local communities by those seeking to avoid the tolls on the M1 main line. It is also important to recall that the toll scheme allows vehicles to exit and re-enter within three hours, with no further charge.
18. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport if he will increase the tourism marketing budget to mitigate the decline in visitor numbers from the UK; and his plans to implement a business support fund to aid small to medium tourism businesses affected by the decline in visitors from Britain. [41968/17]
View answerI welcome the overall growth in visit numbers to Ireland in the first eight months of 2017. However, the persistent decline in the numbers visiting from Great Britain continues to be a concern. Growth from North America, Mainland Europe and other markets has allowed us to maintain upward momentum.
Overseas marketing is vital for tourism. While recent tourism performance has been strong, research in our key overseas markets has indicated that Ireland’s share of voice needs to be strengthened. To that end, I have secured €2m in Budget 2018 for digital investment in tourism marketing, both to help restore Ireland’s share of voice vis-à-vis its competitors and also to develop growth from alternative markets. This is critical in the context of Brexit and the decline in visitors from Britain.
Tourism Ireland and industry partners, working in collaboration with Fáilte Ireland, have implemented a series of actions in the GB market to address the implications of Brexit and the fall in the value of sterling. For example, a greater focus has been placed on ‘culturally curious’ visitors, who are less impacted by currency fluctuations and highlighting off-season breaks and value offers. As well as this, Tourism Ireland is continuing its market diversification strategy. This aims to attract more visitors from markets which deliver longer stays and, therefore, higher revenue returns. The market diversification strategy, amongst other possible factors, has led to a significant increase in visitors from North America and other markets thus far in 2017.
While my Department provides funding to Fáilte Ireland for investment in the provision of business and training supports, it is not directly involved in developing or managing these supports. This is a matter for the Board and Management of Fáilte Ireland. However, I am pleased to also have secured an increase in Fáilte Ireland’s current expenditure budget for 2018 and I am asking Fáilte Ireland to allocate some of this budget towards Brexit-related activities.
Fáilte Ireland recently launched a new 'Get Brexit Ready' programme to provide tailored support to help Irish tourism businesses meet specific Brexit-related challenges. The programme offers a suite of industry supports, designed to help businesses to respond to the loss of trade created by Brexit. It allows individual businesses to self-assess their exposures and risks and provides a range of interventions to match their needs.
19. Deputy Margaret Murphy O'Mahony asked the Minister for Transport, Tourism and Sport his plans to increase the number of audible announcements on public transport. [41976/17]
View answerThe National Disability Inclusion Strategy (NDIS) 2017-2021 launched by my colleague, Minister of State for Disability, Finian McGrath T.D., in July last contains a number of transport actions, including one committing to the implementation of consistent and reliable on-board audio and visual announcements on all public transport vehicles.
While the issue raised by the Deputy is a matter for the public transport operators, I understand that accessibility features, such as audio/visual aids, are built into all new vehicles from design stage, including the Luas. On-board oral and visual next stop announcements are now available on all subsidised bus services (apart from Local Link rural transport services). On-board oral and visual next stop announcements are available on approx. 80% of the rail fleet. These systems require update and investment which is subject to availability of funding.
20. Deputy Ruth Coppinger asked the Minister for Transport, Tourism and Sport the position regarding the recent closure of a number of Bus Éireann routes; and if he will make a statement on the matter. [42146/17]
View answer35. Deputy Mick Barry asked the Minister for Transport, Tourism and Sport his views on the unforeseen recent announcement by Bus Éireann to discontinue four routes; and if he will make a statement on the matter. [42030/17]
View answerI propose to take Questions Nos. 20 and 35 together.
I am not aware of a recent announcement by Bus Éireann to discontinue routes. I am, however, aware that Bus Éireann has experienced significant operational issues in the eastern region recently and it is a matter for the Company to resolve those issues. I am also aware that the National Transport Authority (NTA) is continuing to closely monitor developments and has reminded Bus Éireann of its performance obligations under its contract with the NTA including the importance of providing relevant and timely information to customers. The NTA has indicated that it will give consideration in due course to the appropriate course of action under that contract.
I have forwarded the Deputies' questions to the Company for direct reply. The Deputies should advise my private office if they do not receive responses within ten working days.
21. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport if he will report on the planned transfer of ownership of Dún Laoghaire harbour to Dún Laoghaire-Rathdown County Council; and if he will make a statement on the matter. [42168/17]
View answerDún Laoghaire Harbour Company, as a Port of Regional Significance, is designated under National Ports Policy for transfer to Dún Laoghaire Rathdown County Council. The process of transferring governance of Dún Laoghaire Harbour Company to Dún Laoghaire Rathdown County Council is ongoing. This process and the future operational structures of the port are primarily matters for agreement between the Council and the port.
The Chief Executive of the Council presented a due diligence report at a Council meeting held on 9 January 2017. As the report raised a number of issues for further clarification, the Chief Executive engaged a risk and financial consultant to carry out a risk assessment. This will enable the Council to fully understand the implications of models of transfer and the responsibility that will transfer in financial and other terms.
I understand that the port company has been engaging with the risk assessor and the process is nearing completion. I expect the risk assessment will be completed in a matter of weeks. When finalised, I expect matters to progress towards agreeing a model and a date for transfer.
23. Deputy Mick Wallace asked the Minister for Transport, Tourism and Sport further to his commitment earlier in 2017 to conduct an internal review in his Department of the international legal implications of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order SI 224 1973, the details of discussions he has had on the timeframe and scope of the review; the progress made to date on the review; and if he will make a statement on the matter. [41965/17]
View answerI can confirm to the Deputy that my Department has now commenced its internal review of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973.
This is an internal review in my Department to identify the options available for updating various aspects of the Order. Given that so many aspects of the current Order require review, taking into account legislation at EU level and internationally at the International Civil Aviation Organisation, it is likely that implementing the recommendations of the review would require a new Statutory Instrument to replace existing legislative provisions.
My Department has now initiated consultations with the relevant Divisions / Agencies concerned. It is envisaged the internal review process would be completed before the end of this year.
24. Deputy Martin Heydon asked the Minister for Transport, Tourism and Sport the progress on the southern distributor route, the new ring road for Athy; the work ongoing in his Department on the project; the timeframe for the project; and if he will make a statement on the matter. [42156/17]
View answerThe improvement and maintenance of regional and local roads, such as the Athy Distributor Road, is the statutory responsibility of Kildare County Council, in accordance with the provisions of Section 13 of the Roads Act 1993.
The Capital Plan 2016-2021 provides that a number of schemes, including the Athy Distributor Road, targeting bottlenecks in the road network will be progressed subject to necessary approvals. In this context the project has to meet the requirements of the Public Spending Code and my Department's Common Appraisal Framework for Transport Projects as well as obtaining CPO and development approval from An Bord Pleanála. It is a matter for Kildare County Council to progress the scheme through the approval process.
The Business Case for the Athy project was submitted to my Department in December 2016. Following a review of this Business Case by my Department and by the Department of Public Expenditure and Reform’s Irish Government Economic Evaluation Service Unit (IGEES), approval was given in April 2017 to submit the project to An Bord Pleanála for consideration. A decision is awaited from An Bord Pleanála.
25. Deputy Charlie McConalogue asked the Minister for Transport, Tourism and Sport the status of the A5; the details of his engagement with his counterparts in Northern Ireland on this project; the funding which will be made available for this project; and if he will make a statement on the matter. [41974/17]
View answerThe planning and implementation of the A5 project is the responsibility of the Northern Ireland authorities.
The Stormont House Agreement and Implementation Plan - A Fresh Start - sets out the Government's commitment to contribute £75 million to ensure that Phase 1 of the project (Newbuildings to north of Strabane) can commence as soon as the necessary planning process in the North has been concluded.
While, in the absence of the Northern Ireland Executive, the North South Ministerial Council cannot meet, the Senior Officials Group overseeing progress on implementing the Fresh Start Agreement commitments met in February and June this year.
