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Tuesday, 16 Jan 2018

Written Answers Nos. 1335-1355

Ministerial Meetings

Questions (1335)

Seán Fleming

Question:

1335. Deputy Sean Fleming asked the Minister for Communications, Climate Action and Environment the number of times he has met formally with the CEO of the Sustainable Energy Authority of Ireland since his appointment; and if he will make a statement on the matter. [1993/18]

View answer

Written answers

I have met with the CEO of the Sustainable Energy Authority (SEAI), on numerous occasions since my appointment as Minister for Communications, Climate Action, and Environment. I have held scheduled formal meetings with the CEO on three occasions:

- 6th July 2016

- 13th April 2017

- 2nd May 2017

As is to be expected the CEO and I attend a number of the same events and conferences in the energy sphere. When we meet at these events or conferences we have an opportunity to discuss energy issues. These events include, among others, the Better Energy Community grantee meeting in June 2016, the One Good Idea launch in September 2016, the Brexit Civic Dialogue on Energy in February 2017, the Energy Ireland Conference in June 2017, and the SEAI Oireachtas members briefing in November 2017. This list should not be considered exhaustive.

In addition to this officials from my Department are also in regular contact with the CEO and officials from the SEAI.

Offshore Exploration

Questions (1336)

Eamon Ryan

Question:

1336. Deputy Eamon Ryan asked the Minister for Communications, Climate Action and Environment the process by which his Department assesses if a company granted a licence to explore or exploit offshore hydrocarbon resources under the petroleum affairs division is in keeping with its work programme commitments; and if there are penalties for falling behind in those commitments. [1998/18]

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Written answers

Authorisations to carry out hydrocarbon exploration and production activities in the Irish Offshore are granted under the Petroleum and other Minerals Development Act, 1960. The terms and conditions under which any such authorisation is granted are set out in the Licensing Terms for Offshore Oil and Gas Exploration, Development and Production 1992 and 2007 and in the authorisation instrument itself. Exploration authorisations, in particular, Licensing Options and Exploration Licences, are granted subject to an agreed work programme, the progress of which is monitored by my Department.

Progression from Licensing Option to Exploration Licence and between the individual phases of an Exploration Licence, is dependent upon fulfilment by the authorisation holder of its existing work programme obligations, and consideration by my Department of the authorisation holder's proposed work programme for the next phase of the Exploration Licence, and its capacity to undertake same. Occasionally there may be practical and logistical reasons why commitments may not be delivered within a certain period of time and each such case is considered on its merits with a view to delivering the objectives of the work programme.

It should also be noted that one of the criteria for consideration of an application for an exploration authorisation contained in the Licensing Terms is the previous performance by the applicant under any authorisation to which the applicant has been a party.

Questions Nos. 1337 and 1338 answered with Question No. 1286.

Air Pollution

Questions (1339)

Brian Stanley

Question:

1339. Deputy Brian Stanley asked the Minister for Communications, Climate Action and Environment his plans to increase air monitors in Rialto, Dublin 8, in view of the environmental pollution as a result of the construction of the national children's hospital; and if he will make a statement on the matter. [2004/18]

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Written answers

Ambient air quality monitoring in Ireland is carried out in accordance with the requirements of the 2008 Clean Air for Europe (CAFE) Directive (Directive 2008/50/EC) and the Fourth Daughter Directive (Directive 2004/107/EC of 15 December 2004). These Directives also include rules on how Member States should monitor, assess and manage ambient air quality. The Environmental Protection Agency (EPA) is tasked with co-ordinating and managing the monitoring programme. Under the Directives, EU Member States must designate "zones" for the purpose of managing air quality.  For Ireland, four zones were defined in the Air Quality Standards Regulations, 2011. The zones in place in Ireland in 2017 are Zone A: the Dublin conurbation, Zone B: the Cork conurbation, Zone C: comprising 23 large towns in Ireland with a population of more than 15,000, and Zone D: the remaining area of Ireland.

Ireland currently has a nationwide network of 30 monitoring stations which measure levels of air pollutants in the four zones. This information is delivered to the public in near real-time at www.airquality.epa.ie. The numbers and locations of the monitoring equipment for each pollutant are determined by the requirements of the Directives for ambient air monitoring in each zone. Currently Dublin has 14 monitoring stations.

Following a review by the Environmental Protection Agency (EPA) of air quality monitoring and information provision in Ireland, a decision was taken to develop a new Ambient Air Quality Monitoring Programme which aims to enhance and build on current arrangements. The new national Ambient Air Quality Monitoring Programme is being developed under Section 65 of the EPA Act, 1992 as amended.  One of the key objectives of the programme is to enhance the provision of real time air quality data to the public.  The statutory basis for the programme underlines the importance placed on air quality monitoring in Ireland.  The Ambient Air Quality Monitoring Programme covers the years 2017 to 2022, with the enhancement and expansion of the monitoring network to be prioritised in the first phases of the programme. Further details on the timeframes for the expansion of the network will be released as they become available. I fully support this important initiative, and have committed funding of some €5 million over the lifetime of the programme.

In relation to specific development sites, environmental management conditions may be imposed by the relevant local authority, or an An Bord Pleanála, as the case may be.

Broadcasting Sector Regulation

Questions (1340)

Louise O'Reilly

Question:

1340. Deputy Louise O'Reilly asked the Minister for Communications, Climate Action and Environment the status of the pending review of the children's commercial communications code; the research being undertaken by the Broadcasting Authority of Ireland, BAI, in respect of the review which will have regard to the experience here since the code's introduction in 2013; and if he will make a statement on the matter. [2069/18]

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Written answers

The Broadcasting Act 2009 provided for the establishment of the Broadcasting Authority of Ireland (BAI) as the independent regulator responsible for the oversight of compliance in relation to broadcast content in the State. Section 42 of the Broadcasting Act 2009 requires the Broadcasting Authority of Ireland (BAI) to draw up, and from time to time revise, Broadcasting Codes on the standards and practice to be observed by Broadcasters and to provide for related compliance matters.

The Children's Commercial Communications Code was developed by the Authority in line with Section 42. Under this section, the question of revising a broadcasting code is also a matter for the Authority and as such, I, as Minister, have no function in this matter.

Broadcasting Sector Regulation

Questions (1341)

Louise O'Reilly

Question:

1341. Deputy Louise O'Reilly asked the Minister for Communications, Climate Action and Environment the status of the pending review of the children's commercial communications code in respect of when the BAI will begin consulting with stakeholders; and if he will make a statement on the matter. [2070/18]

View answer

Written answers

The Broadcasting Act 2009 provided for the establishment of the Broadcasting Authority of Ireland (BAI) as the independent regulator responsible for the oversight of compliance in relation to broadcast content in the State. Section 42 of the Broadcasting Act 2009 requires the Broadcasting Authority of Ireland (BAI) to draw up, and from time to time revise, Broadcasting Codes on the standards and practice to be observed by Broadcasters and to provide for related compliance matters.

The Children's Commercial Communications Code was developed by the Authority in line with Section 42. Under this section, the question of revising a broadcasting code is also a matter for the Authority and as such, I, as Minister, have no function in this matter.

Departmental Communications

Questions (1342)

Catherine Murphy

Question:

1342. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment if his Department uses anti-profanity software on its email systems and online contact forms; if so, the level of human oversight that is applied to the monitoring of these softwares and their effectiveness; his views on whether persons' legitimate right to petition Government may be blocked unintentionally by errors in the use of such softwares in determining that which qualifies as profanity being communicated in email or online contact forms; and if he will make a statement on the matter. [2081/18]

View answer

Written answers

My Department receives over 33,000 external emails per week on average. All incoming email is scanned for the presence of malware and spam. Any email that is suspected of being spam is sent to a quarantine area where staff interaction is necessary to verify the validity of the message. If an email is found to be appropriate it can be removed from quarantine and sent to the appropriate recipient.    The scanning software used by the Department does not specifically filter for profanity terms  in respect of e-mail or online forms.   Despite the robust nature of our screening software, I am confident that a person’s right to legitimately petition my Department is not being impacted.

Question No. 1343 answered with Question No. 1258.

Driver Licence Data

Questions (1344)

Imelda Munster

Question:

1344. Deputy Imelda Munster asked the Minister for Transport, Tourism and Sport the number of disqualified drivers in each of the years 2014 to 2017; and the number of these drivers who have surrendered their driver's licences. [54355/17]

View answer

Written answers

The following tabular statement provides details recorded on the National Vehicle and Driver File requested by the Deputy.

Number of Drivers Disqualified in each year from 2014 to 2017

Year

No. of Drivers with Court Disqualification

Driving Licence Surrendered

No. of Drivers with Penalty Point Disqualification

Driving Licence Surrendered

2014

8,814

727

348

92

2015

7,816

1,213

844

405

2016

8,296

1,035

1,064

476

2017

9,449

1,289

1,271

535

Driver Licences

Questions (1345)

Imelda Munster

Question:

1345. Deputy Imelda Munster asked the Minister for Transport, Tourism and Sport the mechanism in place to ensure disqualified drivers surrender their driving licence after they have been convicted; and if he will make a statement on the matter. [54356/17]

View answer

Written answers

The requirement to return a driving licence to the licensing authority (the Road Safety Authority) on disqualification is set out in article 45(2) of the Road Traffic (Licensing of Drivers)(Amendment) Regulations 2013, S.I. No 6 of 2013, in the case of consequential or ancillary disqualification, and article 46(2) in the case of special disqualification. The various timeframes and mechanism for the surrender of a licence or learner permit to the licensing authority are set in article 45. Enforcement of the legislation is a matter for An Garda Síochána.

Transport Infrastructure Ireland

Questions (1346)

Jackie Cahill

Question:

1346. Deputy Jackie Cahill asked the Minister for Transport, Tourism and Sport if he will request TII to address the specific road issue at the N62 Templemore to Roscrea, County Tipperary (details supplied); and if he will make a statement on the matter. [54983/17]

View answer

Written answers

As Minister for Transport, Tourism & 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 Transport Infrastructure Ireland under the Roads Acts 1993-2015 in conjunction with the local authorities concerned. 

Noting the above, I have referred the Deputy's Question to TII for direct reply. Please advise my Office if you do not receive a reply within 10 working days.

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

Road Network

Questions (1347)

Seán Sherlock

Question:

1347. Deputy Sean Sherlock asked the Minister for Transport, Tourism and Sport if he will consider a once-off tree topping grant for private landowners to safely top large trees on their property to protect communities and road users around the country; and if such a grant could be considered due to the amount of high wind storms that are occurring. [1015/18]

View answer

Written answers

The improvement and maintenance of regional and local roads is a statutory function of each road authority in accordance with the provisions of Section 13 of the Roads Act 1993.

Works on regional and local roads are funded by local authorities' own resources supplemented by State grants. Within the overall resources available to it, the selection and prioritisation of works including the maintenance of road verges is a matter for each local authority. 

Section 70 of the Roads Act 1993 sets out the responsibility of landowners to take all reasonable steps to ensure that trees, hedges and other vegetation growing on their land are not, or could not become, a danger to people using a public road or interfere with the safe use of a public road or the maintenance of a public road.  

A local authority can serve notice requiring a landowner to take action to address a hazard. This section also allows the relevant road authority to step in where a landowner fails or is unable to take action to remedy a hazard and to seek recovery of reasonable costs from the landowner.  This is, therefore, a matter for management between the landowner and the relevant local authority.

As Transport Infrastructure Ireland (TII) and the relevant local authority are responsible for maintenance of national roads, I have referred the Deputy's Question to TII for direct reply. If the Deputy does not receive a reply within 10 working days please advise my Office.

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

Road Network

Questions (1348, 1349)

Fergus O'Dowd

Question:

1348. Deputy Fergus O'Dowd asked the Minister for Transport, Tourism and Sport the position regarding the proposed Narrow Water bridge at Carlingford Lough; and if he will make a statement on the matter. [1059/18]

View answer

Fergus O'Dowd

Question:

1349. Deputy Fergus O'Dowd asked the Minister for Transport, Tourism and Sport the position regarding the proposed Narrow Water bridge at Carlingford Lough. [1066/18]

View answer

Written answers

I propose to take Questions Nos. 1348 and 1349 together.

Options are still being appraised in accordance with the terms of the Fresh Start Agreement in relation to the proposed bridge at Narrow Water.

Motor Tax Collection

Questions (1350)

Michael Fitzmaurice

Question:

1350. Deputy Michael Fitzmaurice asked the Minister for Transport, Tourism and Sport the reason he will not allow vehicles to be taxed monthly to help hard-pressed families; and if he will make a statement on the matter. [1427/18]

View answer

Written answers

Motor tax can currently be paid on a quarterly, half-yearly or annual basis.

On the basis of the current arrangements, the number of motor tax discs issued each year is in the order of some 5m discs.   In addition, renewal notices are issued to vehicle owners in the month of expiry of a motor tax disc.   The introduction of a facility whereby a motor tax disc can be taken out on a monthly basis would significantly increase the volume of discs and renewals, with a resultant increase in the costs of operating the motor tax system administratively and in terms of financial costs and controls, including bank charges, which are not currently met by vehicle owners.

If a system of payment by direct debit is being proposed, it should be noted such a proposal would require significant additional enforcement provisions to recoup income lost to the taxpayer where there are insufficient funds in personal accounts to meet the payment or where the direct debit option is cancelled after a disc has been issued, as well as provisions to enable recovery of a disc in such circumstances.  

I have no plans currently to review the basis for paying motor tax.

Motor Tax Collection

Questions (1351)

Michael Fitzmaurice

Question:

1351. Deputy Michael Fitzmaurice asked the Minister for Transport, Tourism and Sport the reason his Department will not give the taxing-of-cars contract to An Post in order that it may help keep small post offices open; and if he will make a statement on the matter. [1428/18]

View answer

Written answers

Under existing arrangements, motor tax is payable in person or by post through motor tax offices.  It is also payable online at any time, with the percentage of online usage increasing from 42% of motor tax transactions in 2010 to 72% in 2017.  The shift to online usage is likely to increase further in coming years, with a corresponding reduction in the number of transactions being carried out in motor tax offices.  As such, the provision of additional payment path for motor tax is likely to represent a diminishing financial return over time for any potential payment provider.  

It should be noted that An Post are not the only potential service provider for alternative delivery of motor tax services and that there have been other expressions of interest in this regard.  Accordingly, it would be expected that any outsourcing of service delivery arrangements would have to entail a competitive public procurement process.

Road Network

Questions (1352)

Michael Fitzmaurice

Question:

1352. Deputy Michael Fitzmaurice asked the Minister for Transport, Tourism and Sport his plans to bring forward a scheme to cut all roadside trees above two metres (details supplied); and if he will make a statement on the matter. [1442/18]

View answer

Written answers

The improvement and maintenance of regional and local roads is a statutory function of each road authority in accordance with the provisions of Section 13 of the Roads Act 1993.

Works on regional and local roads are funded by local authorities' own resources supplemented by State grants. Within the overall resources available to it, the selection and prioritisation of works including the maintenance of road verges is a matter for each local authority. 

Section 70 of the Roads Act 1993 sets out the responsibility of landowners to take all reasonable steps to ensure that trees, hedges and other vegetation growing on their land are not, or could not become, a danger to people using a public road or interfere with the safe use of a public road or the maintenance of a public road.  

A local authority can serve notice requiring a landowner to take action to address a hazard. This section also allows the relevant road authority to step in where a landowner fails or is unable to take action to remedy a hazard and to seek recovery of reasonable costs from the landowner. This is, therefore, a matter for management between the landowner and the relevant local authority.

As Transport Infrastructure Ireland (TII) and the relevant local authority are responsible for maintenance of national roads, I have referred the Deputy's Question to TII for direct reply. If the Deputy does not receive a reply within 10 working days please advise my Office.

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

Motor Tax

Questions (1353)

Jack Chambers

Question:

1353. Deputy Jack Chambers asked the Minister for Transport, Tourism and Sport the status of plans to implement the European Commission proposal COM 2017/276 (details supplied); and if he will make a statement on the matter. [1700/18]

View answer

Written answers

European Commission proposal COM (2017) 276 relates only to vehicle taxation on heavy goods vehicles and does not apply to passenger cars.   The proposal is to amend EU Directive 1999/62/EC which provides the legal framework for the charging of heavy goods vehicles for the use of certain roads and which also sets minimum rates for the vehicle taxes applied by Member States to heavy goods vehicles.   COM/2017/276 relates solely to the amendment of the vehicle tax element of the Directive. 

The proposed amendment to the Directive has not yet been brought into force.  The proposal is to gradually reduce the minimum tax levels currently set out in 1999/62/EC by 20% each year over the course of five years to bring the minimum tax to zero at the end of the process.  The reductions will take effect from 1 January each consecutive year starting on 1 January of the year following the entry into force of the proposed amended Directive and will be met by Ireland in accordance with the timelines stipulated therein.

It should be noted that the proposal provides only for minimum rates of tax and it is open to Member States to levy vehicle tax at rates above the minimum.

Road Traffic Legislation

Questions (1354)

Róisín Shortall

Question:

1354. Deputy Róisín Shortall asked the Minister for Transport, Tourism and Sport the status of the regulations of rickshaws in regard to road traffic legislation; and if he will make a statement on the matter. [54373/17]

View answer

Written answers

As the Deputy may be aware, I asked the National Transport Authority (NTA) to conduct a public consultation on rickshaws, which concluded on 25 September 2017. A report on the consultation, along with recommendations by the NTA, are being considered by my Department as part of a process to develop a Regulatory Impact Analysis (RIA). This will entail a detailed examination of all potential viable regulatory options for rickshaws. 

I share many of the concerns that have been raised in relation to rickshaws, particularly from a public safety perspective. It is my intention, following completion of the RIA, to progress any legislative provisions deemed necessary to provide an appropriate modern regulatory framework for rickshaws.

National Transport Authority

Questions (1355)

Eamon Scanlon

Question:

1355. Deputy Eamon Scanlon asked the Minister for Transport, Tourism and Sport if a matter (details supplied) will be investigated; and if he will make a statement on the matter. [54320/17]

View answer

Written answers

The regulation of the small public service vehicle (SPSV) industry, including the renewal of vehicle licences, is a matter for the National Transport Authority (NTA) under the provisions of the Taxi Regulation Act 2013.

Notwithstanding this, in order to be of assistance, I made enquiries of the NTA and I am informed that the matter to which the Deputy is referring has since been resolved.

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