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Wednesday, 11 Oct 2017

Written Answers Nos. 51-72

Road Projects

Questions (51)

Éamon Ó Cuív

Question:

51. Deputy Éamon Ó Cuív asked the Minister for Transport, Tourism and Sport if he met a campaign group over summer 2017 in relation to the N59 in Galway; the result of the meeting; the actions he has taken to address the issues raised by the group; and if he will make a statement on the matter. [41987/17]

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Written answers

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 Transport Infrastructure Ireland (TII) under the Roads Acts 1993-2015 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for TII in accordance with Section 19 of the Roads Act.

I did facilitate a meeting between the N59 Campaign Group and TII and Galway County Council in February this year and I also met with the Group during a visit to Galway in June. 

As the Deputy knows work on the upgrade of the Oughterard to Maam Cross section of the route is subject to the agreement of method statements by the National Parks and Wildlife Service (NPWS).  As method statements have not been agreed to date for the Maam Cross to Oughterard section of the N59, Galway County Council in liaison with TII has focused on the overlay of 7 kms of pavement this year and on progressing preparatory work for the upgrade of the Maam Cross to Bunnakill section of the road. In this context I understand method statements for ground investigation works relating to the upgrade of that section were agreed by NPWS.

As the allocation of resources to progress work in relation to the N59, is a matter for TII I have referred the Deputy’s question to TII for further direct reply.  Please advise my private office if a reply is not received within 10 working days.

Aviation Industry

Questions (52)

Mick Barry

Question:

52. Deputy Mick Barry asked the Minister for Transport, Tourism and Sport the measures his Department has taken to ensure the protection of the rights of passengers that booked flights with a company (details supplied) that have subsequently been cancelled; and if he will make a statement on the matter. [42027/17]

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Written answers

Since 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 airfares, 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.

Public Transport Fares

Questions (53)

Brendan Ryan

Question:

53. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport his plans to address the substantial price difference for persons travelling from Newbridge rail station compared with Sallins station, just seven kilometres away; his further plans to reduce the fares for adults families or students in view of the need to encourage as many persons as possible to use public transport; and if he will make a statement on the matter. [42133/17]

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Written answers

The issue raised is a matter for the National Transport Authority (NTA) and I have forwarded the Deputy's question to the NTA for direct reply.  Please advise my private office if a response is not received within ten working days.

Rail Network Maintenance

Questions (54)

James Lawless

Question:

54. Deputy James Lawless asked the Minister for Transport, Tourism and Sport the expenditure by his Department on new or improved Irish Rail rolling stock and on station extensions, including car parking facilities in the past five years; and if he will make a statement on the matter. [42067/17]

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Written answers

My Department provides capital funding to Irish Rail for the maintenance and renewal of the heavy rail network under the Infrastructure Manager Multi-Annual Contract (IMMAC), in accordance with the requirements of EU law.  Irish Rail also receives capital funding, via the National Transport Authority, for heavy rail projects in the Greater Dublin Area as well as funding under the Accessibility Grants and Regional Cities Programmes.

I have forwarded your question to Irish Rail for direct reply in relation to details of the expenditure requested by the Deputy.  Please advise my private office if a response is not received within ten working days.

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

Tourism Industry

Questions (55)

Éamon Ó Cuív

Question:

55. Deputy Éamon Ó Cuív asked the Minister for Transport, Tourism and Sport his plans to re-establish CERT to ensure adequate training resources in the catering sector; and if he will make a statement on the matter. [30220/17]

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Written answers

There are no specific plans at present to re-establish CERT or to create any new dedicated training organisation for the tourism and hospitality sector.  Rather, projected skills demands across the economy are being addressed through a combination of measures involving various key stakeholders. 

In line with provision for other sectors, education and training for the hospitality sector is primarily funded and delivered through the higher and further education and training bodies, namely the Institutes of Technology and the Education and Training Boards, with some complementary training and business supports provided by Fáilte Ireland.

Question No. 56 answered orally.

Road Projects Status

Questions (57)

Niamh Smyth

Question:

57. Deputy Niamh Smyth asked the Minister for Transport, Tourism and Sport if he will progress the east-west link road for the local economy of east County Cavan and the surrounding areas. [42170/17]

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Written answers

Proposals to deliver an upgraded route linking Dundalk to Sligo, taking in Cavan, involve linking elements of the national road network and regional roads along as direct a route as possible. Essentially the route involves upgrade/realignment works on the regional routes from Dundalk to Cavan and on national routes from Cavan to Sligo. The latter would involve a route that passes through Northern Ireland. 

In relation to the national element 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 national road projects is a matter for Transport Infrastructure Ireland under the Roads Acts 1993-2015 in conjunction with the local authorities concerned. 

As regards the regional road aspect of the proposal, the improvement and maintenance of regional and local roads in its area is a statutory function of local authorities in accordance with the provisions of Section 13 of the Roads Act, 1993.  Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants.  

My Department did provide funding to Cavan County Council (acting as lead authority with Monaghan and Louth County Councils) of over €2 million in the period 2007-2014 to progress the regional road element of the project to preliminary design.  At an estimated cost of €150 million, it has not been possible to include the East-West Link in capital investment plans.

Aviation Industry

Questions (58)

Clare Daly

Question:

58. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport if he has had discussions with the Commission on Aviation Regulation and the IAA in regard to the potential safety implications of atypical working conditions for pilots at some Irish airlines. [42140/17]

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Written answers

Civil aviation safety regulations are set at European level by the European Aviation Safety Agency (EASA), and the same rules apply across the board to all registered European airlines.  There are also extensive international safety standards set by the United Nations agency ICAO.   In Ireland, the Irish Aviation Authority (IAA) is the designated independent regulator of civil aviation safety regulation in accordance with ICAO and EASA rules and regulations.  In this role, the IAA is responsible for ensuring that all Irish registered airlines are in compliance, including with rules governing flight time limitations.

European flight time limitations are a key safety provision because they serve to restrict the number of hours that pilot and cabin crew can fly during a 12 month period to no more than 900 hours.  This is regardless of their contractual arrangement.  The Deputy should note that in addition to an annual upper limit on flight hours, the rules also cap daily, weekly and monthly flight hours.  I am advised by the IAA that all Irish airlines have always and continue to be fully compliant with the regulations governing flight time limitations.

The issue of atypical working conditions has been raised with me by the pilots’ trade union, the Irish Air Line Pilots' Association.  Terms and conditions of employment within a private company is a matter in the first instance between the company and its employees, governed by employment laws which apply the same in all industries.  It is not a factor under the European civil aviation safety framework. 

More generally, it is also important to acknowledge that the IAA is a high performing regulator, whose safety oversight and inspection regime is subject to rigorous international, independent audit, which consistently confirms it amongst the very best aviation regulatory bodies.

For clarity, the Commission for Aviation Regulation is responsible for regulating certain aspects of the aviation and travel trade sectors in Ireland - it has no role in safety regulation.

Bus Éireann

Questions (59)

Robert Troy

Question:

59. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport the position regarding implementation of the industrial relations commission's recommendations for Bus Éireann; and the commitments he made to management and unions during the recent industrial dispute. [41971/17]

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Written answers

The implementation of the Labour Court Recommendation is a matter for the Company and the trade unions.

I was pleased that both the Company and the Trade Unions accepted the recommendation issued by the Labour Court.  I believe implementation of that recommendation can provide for a successful and sustainable future for Bus Éireann.

As the Deputy is aware, I made a commitment to meet with trade unions once the industrial relations dispute at Bus Éireann was fully resolved.  That meeting took place on 10th July and I found the exchange to be both useful and informative. I reiterated my wish to hold a dialogue with all public transport stakeholders as my Department moves forward with its review of public transport policy in line with the Programme for Government commitment. I requested each of the unions to make submissions to me on the format and issues that might be covered by the proposed dialogue. They expressed an eagerness to do so, and I look forward to receiving those submissions.  I would also welcome any suggestions that the Deputy or other opposition spokespersons might have. Planning is at a preparatory stage but I envisage a meaningful exchange of views about how we should shape the development of our public transport policy over the next 10 to 15 years.

Irish Aviation Authority

Questions (60)

Richard Boyd Barrett

Question:

60. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport the way in which the routes tendered to a company (details supplied) will be affected by this transfer; and if he will make a statement on the matter. [42137/17]

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Written answers

I refer the Deputy to my reply to Question No. 9, which I answered earlier.

Olympic Council of Ireland

Questions (61)

Kevin O'Keeffe

Question:

61. Deputy Kevin O'Keeffe asked the Minister for Transport, Tourism and Sport if he will release funding that is being withheld by the Government to the Olympic Council of Ireland, OCI; his views on whether the OCI is taking all measures possible to improve its corporate governance; and if his attention has been drawn to the fact that continuing to withhold this funding will have a detrimental effect on athletes' preparations for the 2020 Tokyo Olympic games. [42166/17]

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Written answers

Following the publication of the Moran Inquiry Report in mid-August 2017, I met with the President and Honorary General Secretary of the Olympic Council of Ireland (OCI) and received an outline of the considerable progress that has been made in improving corporate governance within the OCI since the election of the new OCI Executive Board in February of this year. I noted the demonstrable commitment to change and reform which has been shown by the new OCI Executive Board.

It is important that Ireland's athletes' preparations for international competition, including for Tokyo 2020 would not be hampered by the events that surrounded and following Rio 2016. In respect of the portion of Sport Ireland funding to the OCI for 2016 which was withheld (€130,000), having satisfied myself that this was entirely spent on athlete related activities, I have decided that it would be in order for these funds to be released. I conveyed this to the OCI at our recent meeting and I have written to the Chair of Sport Ireland in this respect also. I understand that the Board of Sport Ireland is to consider the matter shortly and it would be my expectation that Sport Ireland would soon be in a position to reimburse the outstanding funding in respect of 2016.  

In relation to funding for the Tokyo 2020 Olympic cycle, from 2017 onwards, I recognise the importance of ensuring that the preparation of athletes for those Games should not be adversely affected by the withholding of state funding to the OCI. There is however a need for the OCI to continue progress on its corporate governance reform agenda in the months ahead, and to address, as much as is possible, the legacy issues arising from the 2016 Rio Olympic Games. To that end, I have requested Sport Ireland to commence an engagement with the OCI. My Department will be keeping abreast of developments in this matter over the coming months.

Question Heading

Questions (62)

Bernard Durkan

Question:

62. Deputy Bernard J. Durkan asked the Minister for Transport, Tourism and Sport the extent to which he has identified the most strategic and urgently required arterial road replacement and improvements projects; the extent to which these projects are or can be included in the capital programme; the extent to which it is expected that these projects will assist the free flow of traffic and improve the travel time, locally or nationally; and if he will make a statement on the matter. [42151/17]

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Written answers

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, 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. In this context it was not possible to include a range of projects in the Plan given the overall funding envelope available. 

The extra allocations being made available as a result of the Capital Plan Review will also allow planning to progress on some additional road improvement projects.

Sports Events

Questions (63)

Michael Moynihan

Question:

63. Deputy Michael Moynihan asked the Minister for Transport, Tourism and Sport if he will report on the meetings he held on the Rugby World Cup bid. [41383/17]

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Written answers

I have had a number of meetings over the last year to progress Ireland's bid to host the Rugby World Cup in 2023.  I am glad to say that the outcome has been the submission of a compelling bid to World Rugby. 

Most recently, on 25 September, together with the Taoiseach, I led the delegation that presented the world class proposition to host the Rugby World Cup tournament on the island of Ireland in 2023.  The delegation included, amongst others, Dick Spring, Chairman, Ireland 2023 Oversight Board;  Philip Browne, Chief Executive, IRFU; David Sterling, Head of the  Northern Ireland Civil Service; and Brian O'Driscoll, Ireland's Bid Ambassador.

The decision regarding the successful bidder will be announced by World Rugby on 15 November 2017.

Public Service Obligation Services

Questions (64)

Brendan Ryan

Question:

64. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport if he has requested increased funding to be included in budget 2018 in order to increase the subvention for public transport companies such as Dublin Bus, Irish Rail and Bus Éireann in order to improve services and reduce costs for commuters; and if he will make a statement on the matter. [42160/17]

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Written answers

As the Deputy is aware the allocation for Public Service Obligation (PSO) public transport services is subject to the annual Budgetary process. I did of course engage regularly with Ministerial colleagues as Budget 2018 was developed and PSO subvention was one relevant area of expenditure which formed part of that engagement.

Throughout the year I committed publicly, both here in the House and in the Joint Oireachtas Committee, to further increasing PSO funding levels in the future as resources allowed.  Therefore, I am pleased to inform the Deputy that, in Budget 2018 I secured an 8% increase in the overall Exchequer funding available for PSO services throughout the country. This means that over €285 million will be allocated via the National Transport Authority (NTA) in 2018 to support the continued delivery of these socially necessary but financially unviable services that have grown in recent years, and to facilitate some further expansion including the commencement next year of the planned roll-out of bus market opening.

The Deputy has asked about the proposed 2018 PSO allocations to individual companies.  As is normal, the precise allocations to the companies will be decided by the NTA in exercise of its statutory mandate and in accordance with the various contract arrangements that it has in place with PSO service providers.

Finally, I am sure the Deputy will agree that the PSO is a large expenditure area, and one which requires careful scrutiny to ensure the taxpayer receives value for money in respect of the services delivered given the considerable expenditure incurred.

Dublin Bus

Questions (65)

Paul Murphy

Question:

65. Deputy Paul Murphy asked the Minister for Transport, Tourism and Sport his views on the rights of Dublin Bus workers transferring into a company (details supplied) in view of the company's track record of industrial relations issues; and if he will make a statement on the matter. [42165/17]

View answer

Written answers

I refer the Deputy to my reply to Question No. 13, which I answered earlier.

EU Regulations

Questions (66)

Clare Daly

Question:

66. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport the reason that neither a statutory instrument nor primary legislation has been introduced to give effect to EU Regulation 598/14 in relation to the establishment of a competent authority to deal with aircraft noise. [42142/17]

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Written answers

As Deputy Daly will recall, in September 2016 I announced my intention to designate the Irish Aviation Authority as the competent authority under EU Regulation 598/2014, and so charge it with responsibility for managing aircraft noise.  The proposed nomination of the Authority for this function was in line with the approach in other European Member States, and it was broadly consistent with previous practice in assigning aviation regulatory functions to the IAA.

The most recent legal advices of senior counsel, engaged by the Office of the Attorney General, is that this approach is no longer advisable.  Influenced by recent case law at European level, which has laid out a more strict interpretation of what constitutes “functional independence” within an organisation, the IAA is now deemed to have too much of a potential conflict of interest to take responsibility for  noise regulation, given its commercial interest in growth in traffic volumes at Dublin.

It is now clear to me that this Regulation requires primary legislation to ensure that its application is legally robust and that it is fully and clearly integrated with the planning system. Going down the secondary legislation route – which as I have said before is how EU regulations are normally implemented – is evidently no longer appropriate or sensible in this instance. 

I have already instructed my Department to re-engage with the Department of Housing, Planning and Local Government and the Department of Communications, Climate Action and the Environment, as a matter of urgency.  There are a number of options.  I will talk to my two Cabinet colleagues, and once there is a decision on an alternative I will advise the Deputy and the House.

In light of this advice, I am now of the view that in the best interests of all stakeholders - including the IAA, Dublin Airport and the local residents - that responsibility for the Regulation is better housed elsewhere.  I intend to consult further on this matter and will advise the Deputy and the House as soon as I have come to a decision.

Road Signage

Questions (67)

Martin Heydon

Question:

67. Deputy Martin Heydon asked the Minister for Transport, Tourism and Sport if a directional sign for Athy can be provided at the M7/M9 intersection to ensure that traffic travelling to Athy can exit at this junction in view of the fact that Athy is not signposted; and if he will make a statement on the matter. [42169/17]

View answer

Written answers

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 (including signage) is a matter for the Transport Infrastructure Ireland (TII) under the Roads Acts 1993-2015 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for TII in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred the Deputy's question to TII for direct reply.  Please advise my private office if a reply is not received within 10 working days.

Rail Network Expansion

Questions (68)

Joan Burton

Question:

68. Deputy Joan Burton asked the Minister for Transport, Tourism and Sport the steps he has taken to secure financing of the electrification of the two commuter railway lines from Dublin to north Kildare; if his attention has been drawn to the fact that it would significantly enhance the capacity of this area to provide housing on residentially zoned land that can access Dublin city centre; and if he will make a statement on the matter. [40355/17]

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Written answers

As the Deputy is aware, funding has been provided under the Government's present Capital Plan for some elements of the DART Expansion Programme including for design and planning of DART services to Maynooth on the Sligo line and Hazelhatch on the Kildare line.

As I have previously informed the Deputy, I have sought additional funding for public transport in the context of the ongoing mid-term review of the Capital Plan.  This includes increased funding to accelerate implementation of the DART Expansion Programme.

Driver Licences

Questions (69)

Thomas P. Broughan

Question:

69. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport if the new card style drivers' licences will be used to electronically record penalty point convictions and disqualifications; the necessary measures to be taken to allow this information be accessed by relevant State bodies; and if he will make a statement on the matter. [41986/17]

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Written answers

The plastic card format of driving licence was introduced in January 2013, in line with EU requirements.  The card contains a microchip on which a limited amount of data can be recorded.

At present, the microchip is not used in Ireland.  It is intended in future to store some information on it, and this will most likely be identical to the principal information printed on the card.

The use of the chip on the card will be dependent on the availability to An Garda Síochána of reading devices which can access the data. 

While the possibility of recording penalty points and disqualifications on the chip may exist technically, we are some distance from considering whether this is one of the uses to which the chip will be put, and I would not wish to make any rash commitments at this stage.

Road Projects

Questions (70)

Brian Stanley

Question:

70. Deputy Brian Stanley asked the Minister for Transport, Tourism and Sport if he will prioritise funding to relieve the major traffic bottleneck on the N80 in County Laois to improve connectivity from the west and the midlands to the south east. [42065/17]

View answer

Written answers

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 Transport Infrastructure Ireland (TII) under the Roads Acts 1993-2015 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for TII in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred the Deputy's question to TII for direct reply.  Please advise my private office if a reply is not received within 10 working days.

Bus Services

Questions (71)

Mick Barry

Question:

71. Deputy Mick Barry asked the Minister for Transport, Tourism and Sport if his attention has been drawn to a complaint made to the Health and Safety Authority regarding alleged unsafe practice by a company (details supplied) with regard to the training of drivers in the operation of the new routes; and if he will make a statement on the matter. [42031/17]

View answer

Written answers

The issue raised is a matter for my colleague, Frances Fitzgerald, T.D., Tánaiste and Minister for Business, Enterprise and Innovation, and I have forwarded the Deputy's question to her for direct reply.

Local Improvement Scheme

Questions (72)

Niamh Smyth

Question:

72. Deputy Niamh Smyth asked the Minister for Transport, Tourism and Sport the status of the reintroduction of the local improvement scheme; and if he will make a statement on the matter. [41979/17]

View answer

Written answers

The Local Improvement Scheme (LIS) for which my Department provides grant assistance is continuing to operate on the basis this year that local authorities can use a proportion of their Discretionary Grant (15%) for LIS should they wish to do so.

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