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Tuesday, 6 Oct 2020

Written Answers Nos. 238-252

Driver Test

Questions (238)

Emer Higgins

Question:

238. Deputy Emer Higgins asked the Minister for Transport if he will provide an update on tests for driver licences in view of circumstances in which persons have been given an appointment for February 2021 but require a licence to be able to take up employment now; and if he will make a statement on the matter. [28782/20]

View answer

Written answers

The scheduling of candidates’ driving tests is the responsibility of the Road Safety Authority (RSA) and as Minister, I have no power to intervene in individual cases.

My Department is remaining in close contact with the RSA as they deal with the increased demand for their driver testing service since operations resumed following its temporary closure due to the COVID emergency. In addition to this, due to the social distancing requirements, normal daily capacity is considerably reduced. This means that customers will experience longer waiting times than was the case before the service was suspended. The public’s patience and understanding in this regard is requested.

It is my understanding that those who had appointments cancelled due to Covid 19 are being prioritised in the first instance. Priority then will be given in order of application date. While there is some capacity for urgent test slots, the Road Safety Authority (RSA)'s capacity to make these available in all cases will be limited. Therefore, initially those who are frontline healthcare workers will be deemed eligible for an urgent test slot. This approach for prioritising customers will be kept under review as the RSA moves through the service resumption.

Driver Licences

Questions (239)

Joe McHugh

Question:

239. Deputy Joe McHugh asked the Minister for Transport his views on whether it is permissible for holders of Northern Ireland licences who work for the Irish Coast Guard to remain on the driver's laminate; and if he will make a statement on the matter. [28835/20]

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Written answers

In order for a member of the Irish Coast Guard to be authorised to drive a Coast Guard vehicle they must be in possession of a valid driving licence, have completed a Driver Declaration Form and be named on the Coast Guard Unit drivers laminate, in addition to having successfully completed the corresponding training syllabus.

Under EU and Irish driving licence legislation, driving licences issued by Member States are mutually recognised. An EU driving licence is exchangeable for an Irish driving licence. During the transition period of the Withdrawal Agreement, a UK licence (including NI) is still valid to drive in the EU.

After the transition period ends on 31st December 2020, UK (including NI) driving licences will no longer be valid to drive in Ireland. Irish residents who hold a UK or NI licence are encouraged to exchange such licences for an Irish one in advance of this deadline. Holders of a UK or NI licence who are resident in Northern Ireland are not required to exchange their licence, and can drive here as a visitor under the Geneva Convention.

Legislation exists to allow for the recognition of foreign driving licences for exchange purposes in the Road Traffic Acts. After the transition period, and as the UK will be a third country, the potential then exists for arrangements to be made under those Acts. Ireland will be pursuing this option. It is expected that the licence exchange arrangements with the UK (including NI) will be in place, if required, as soon as practicable following the transition period.

Driver Test

Questions (240)

Patricia Ryan

Question:

240. Deputy Patricia Ryan asked the Minister for Transport the number of persons awaiting a driver test for zero to three, three to six, six to nine and more than nine months, respectively, in each testing centre nationwide; and if he will make a statement on the matter. [28865/20]

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Written answers

Specific details on the number of persons awaiting a driver test are held by the Road Safety Authority. I have therefore referred this question to the Authority for direct reply. I would ask the Deputy to contact my office if a response has not been received within ten days.

A referred reply was forwarded to the Deputy under Standing Order 51

Covid-19 Pandemic

Questions (241)

Jennifer Carroll MacNeill

Question:

241. Deputy Jennifer Carroll MacNeill asked the Minister for Transport the instructions or guidance being given to public transport operators regarding persons who are unable, due to a physical or mental illness, to wear a mask on public transport; if he will consider the issuance of a card for those affected in order that they are not unduly discriminated against, in view of the fact Covid-19 will be here for the medium to long term; and if he will make a statement on the matter. [28872/20]

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Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport.

The Chief Medical Officer and the HSE are responsible for the issuing of guidelines in relation to public health and the public health advices apply across all modes of public transport. Guidance on the wearing of face coverings, including on public transport, is available on the HSE website.

S.I. No. 244 of 2020 (Health Act 1947 (Section 31A – Temporary Restrictions) (COVID-19) (Face Coverings on Public Transport) Regulations 2020) was introduced on Friday 10 July and came into effect on Monday 13 July. The National Transport Authority (NTA) is engaging with public transport operators regarding implementation of the Regulations.

I have therefore forwarded the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Light Rail Projects

Questions (242)

Catherine Murphy

Question:

242. Deputy Catherine Murphy asked the Minister for Transport the reason for the decision, as per the current DART west scheme, to cease the line at Maynooth; and if he plans to extend the project to Kilcock, County Kildare. [28887/20]

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Written answers

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

DART+ is a transformative programme of investment which will significantly increase capacity on all the rail corridors serving the Greater Dublin Area, including the Maynooth Line as referred to by the Deputy, through investment in infrastructure and new fleet. As the Deputy is aware, the Programme for Government – Our Shared Future prioritises delivery of the DART+ programme and preparation of a preliminary business case is well underway. As required by the Public Spending Code, upon completion of the preliminary business case, I will bring it to Government for decision. I very much look forward to seeing the DART+ programme progress in the coming years.

Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for a more detailed reply. Please contact my private office if you do not receive a reply within 10 days.

A referred reply was forwarded to the Deputy under Standing Order 51

Road Projects

Questions (243)

Catherine Murphy

Question:

243. Deputy Catherine Murphy asked the Minister for Transport the total cost of the M7 Naas-Newbridge bypass upgrade, M7 Osberstown interchange and R407 Sallins bypass; if the project has come in on, under or over budget; the amount; and if he will make a statement on the matter. [28888/20]

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Written answers

As Minister for Transport, I have responsibility for overall policy and securing exchequer funding in relation to the National Roads Programme. Once funding arrangements have been put in place with Transport Infrastructure Ireland (TII), under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the planning, design and construction of individual national roads is a matter for TII, in conjunction with the local authorities concerned. This is also subject to the requirements of the Public Spending Code Guidelines and necessary statutory approvals. In this context, TII is best placed to advise on the current status and funding of this project, pending also the Government's proposed review of the NDP.

The improvement and maintenance of regional and local roads (RLR) is the statutory responsibility of each local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from local authorities' own resources, supplemented by State road grants.

The main design and construction elements of the Naas Bypass widening Scheme, the Osberstown Interchange and the Sallins Bypass are being progressed under one construction contract. The Department is providing grant assistance for the Sallins Bypass element of the scheme while TII is funding the national road element of the scheme (TII in turn is largely exchequer-financed).

Kildare County Council, as the contracting authority, has overall responsibility for the implementation of the scheme and the engagement with the contractor on the delivery of the various elements of the scheme mentioned by the Deputy. In this context the Council is best placed to report on progress by the contractor in delivering different elements of the scheme and to advise on how this compares with the scheme programme.

Noting the above position, I have referred the your question to TII for a direct reply regarding the national road projects on the M7. Please advise my private office if you do not receive a reply within 10 working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Driver Test

Questions (244)

James Lawless

Question:

244. Deputy James Lawless asked the Minister for Transport if additional staff and testers will be hired in the Naas driver test centre in order to clear the backlog of driver test applicants; and if he will make a statement on the matter. [28907/20]

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Written answers

Specific details on individual test centres are an operational matter for the Road Safety Authority.

As the Deputy can appreciate Covid 19 has had a profound effect on the delivery the Driver Test service. I acknowledge that many people across all areas of society have been impacted by the increased demand since services resumed.

The Driver Test service has seen its weekly capacity reduced significantly in order to comply with occupational and public health requirements. As an example, due to the additional hygiene and sanitation procedures that are now absolutely necessary, each testing slot now takes a much longer time to complete. In addition to this, the number of testers working in any centre at the one time has to be reduced to ensure physical distance rules can be maintained.

Those who had appointments cancelled due to Covid 19 are being prioritised in the first instance. Initially, those who are frontline healthcare workers will be deemed eligible for an urgent test slot. This approach for prioritising customers will be kept under review as the RSA moves through the service resumption.

My Department is remaining in close contact with the RSA who are examining ways of increasing the number of tests within the current health constraints. One option is the employment of additional testers, something which has been done in the past to address backlogs. However, I would like to stress, many of the issues impacting on the delivery of service are concerned with the throughput of centres themselves in light of the restrictions, rather than on the availability of staff.

In the meantime, my Department has give approval to the RSA to retain 18 driver testers on temporary contracts due to expire in October and November, and to rehire up to 19 testers whose contracts expired in May.

While I regret the inconvenience caused by the necessity to adhere to the restrictions imposed on us by NPHET and other experts, the safety of the public, whether through contracting Covid or through deaths or injuries on our roads, must be of paramount importance.

Departmental Contracts

Questions (245)

Catherine Murphy

Question:

245. Deputy Catherine Murphy asked the Minister for Transport if he has engaged a third-party company in each of the years 2017 to 2019 and to date in 2020 to conduct online and-or social media monitoring and-or provide reports on social media coverage of his Department; if so, the cost of same; and if the name of the social media platforms being monitored will be provided. [28926/20]

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Written answers

My Department does not monitor social media in the manner described by the Deputy.

My Department provides public information about the Department’s policies and programmes through social media, which is managed by staff in the Department’s press office and communications division.

Departmental Staff

Questions (246)

Catherine Murphy

Question:

246. Deputy Catherine Murphy asked the Minister for Transport the number of staff in his Department on sick leave between March and September, by month, in 2019 and to date 2020; the pay arrangements that exist for staff on sick leave for an extended period of time; the number of sick days accounted for by his Department over the period; and if he will make a statement on the matter. [28944/20]

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Written answers

I wish to advise the Deputy that my Department is currently compiling this data and it will be forwarded to you as soon as it is available.

The following deferred reply was received under Standing Order 51
Further to Parliamentary Question 28944/20, please find hereunder my response:
1) Number of instances of sick leave from March 2019 to June 2020*

2019

2020

January

n/a

110

February

n/a

77

March

79

49

April

57

17

May

68

20

June

55

22

July

66

August

57

September

76

   
Note: In the event an officer has more than one absence in the same calendar month, each absence will be counted separately in that calendar month. Where an absence occurs over two or more calendar months, this will be recorded in each calendar month of the absence period.
 
2) Total sick leave days lost from March 2019 to June 2020*

 

2019

2020

January

n/a

548.86

February

n/a

410.42

March

343.07

311.16

April

276.88

207.86

May

308.07

207.71

June

345.92

217.03

July

344.12

 

August

399.74

 

September

366.63

 

 

 

Total

 

 

2384.43

 

 

943.76

*Latest information available.
3) Pay arrangements for extended sick leave is applied in accordance with Circular 05/ 2018 - Arrangements for Paid Sick Leave.
 

Help-To-Buy Scheme

Questions (247)

Aodhán Ó Ríordáin

Question:

247. Deputy Aodhán Ó Ríordáin asked the Minister for Finance the expiry date for the help-to-buy scheme; and his plans to extend it. [28141/20]

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Written answers

The Help To Buy (HTB) incentive, announced in Budget 2017 is designed to assist first-time buyers with the deposit required to purchase or self-build a new house or apartment to live in as their home. The incentive gives a refund on Income Tax and Deposit Interest Retention Tax (DIRT) paid in the State over the previous four years, subject to limits outlined in the legislation.

HTB is due to terminate on 31 December 2021, in line with the two year extension that I provided for in Finance Act 2019. The additional temporary measures applying the incentive set out in the Financial Provisions (Covid-19) (No. 2) Act 2020 are due to end on 31 December 2020.

As the Deputy will appreciate, with one week to go, it would not be appropriate for me to comment on measures that may or may not be contained in the annual Budget.

Vehicle Registration Tax

Questions (248)

Jackie Cahill

Question:

248. Deputy Jackie Cahill asked the Minister for Finance the reason a person (details supplied) has not received VRT quotes; when the situation will be improved; and if he will make a statement on the matter. [28592/20]

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Written answers

I am advised by Revenue that the issue to which the Deputy is referring has been rectified and the business in question has received the outstanding Vehicle Registration Tax (VRT) quotations.

Revenue has also confirmed that the delays in question occurred due to increased demand for motor homes and camper van registration requests. Revenue has committed additional resources to the registration process to ensure normal levels of service are provided regardless of increased demand.

House Prices

Questions (249)

Neale Richmond

Question:

249. Deputy Neale Richmond asked the Minister for Finance the measures which have been introduced to prevent developers increasing house prices in line with the increases to the help-to-buy scheme; and if he will make a statement on the matter. [28624/20]

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Written answers

The issue of the Help-to-Buy scheme causing house prices to rise was examined by Indecon Economic Consultants in a formal cost benefit analysis of the scheme that was published in October 2018. The analysis concluded that, the primary driver of house prices remained the continued misalignment between demand and supply rather than the Help-to-Buy Scheme.

It is important that we continue to focus on the delivery of additional housing supply. With regard to actual housing completions this year, I am conscious that there is likely to be a significant shortfall in 2020 as compared to the targets which were envisaged in the Rebuilding Ireland Action Plan for Housing and Homelessness. I believe that the enhancement of support provided Help-to-Buy in the July Stimulus Package will help to stimulate construction activity.

Furthermore, I am advised by the Minister for Housing, Local Government and Heritage that there are several initiatives in addition to the Help-to-Buy scheme to assist home buyers with affordability. These include the Rebuilding Ireland Home Loan which is a Government-backed mortgage which is for first-time-buyers nationwide to purchase a new or second-hand home or to self-build. This scheme offers loans on competitive terms to those who are unable to secure a commercial bank loan. Full details of the scheme are available at http://rebuildingirelandhomeloan.ie . Additionally, the Minister for Housing, Local Government and Heritage advises that under his Department's Serviced Sites Fund (SSF), €310 million has been allocated to provide infrastructure to support the delivery of more affordable new homes for purchase or rent in those areas where local authorities have identified and affordability challenge and the viability to deliver homes and below open market purchase prices. Funding under the SSF is available for new-build homes on local authority land. With a maximum of €50,000 funding available per home, at least 6,200 more affordable homes, to buy or rent, can be facilitated. To date, Serviced Sites funding of €127 million has been approved in principle in support of 35 projects in 14 local authority areas, which will assist in the delivery of almost 3,200 affordable homes.

Primary Medical Certificates

Questions (250, 251, 252, 262, 263, 269, 270, 271, 277, 278, 279, 280, 281)

Marc MacSharry

Question:

250. Deputy Marc MacSharry asked the Minister for Finance when the decision was taken to suspend processing all primary medical certificate applications by the HSE; if applicants have been informed that the scheme has been suspended; if his attention has been drawn to the fact that some areas of the HSE are refusing to issue application forms for primary medical certificates; and if he will make a statement on the matter. [28710/20]

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Denis Naughten

Question:

251. Deputy Denis Naughten asked the Minister for Finance the number of appeals in relation to refusals of applications for a primary medical certificate that are now on hold as a result of the Supreme Court ruling of 18 June 2020; and if he will make a statement on the matter. [28736/20]

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Denis Naughten

Question:

252. Deputy Denis Naughten asked the Minister for Finance his plans to review refusals of primary medical certificate applications as a result of the Supreme Court ruling of 18 June 2020; and if he will make a statement on the matter. [28737/20]

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James Lawless

Question:

262. Deputy James Lawless asked the Minister for Finance the steps that have been taken to determine a case (details supplied) in view of the recent judgment of the Supreme Court; and if he will make a statement on the matter. [28291/20]

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James Lawless

Question:

263. Deputy James Lawless asked the Minister for Finance his views on the steps that have been taken to determine a case (details supplied) in view of the recent judgment of the Supreme Court; and if he will make a statement on the matter. [28292/20]

View answer

Louise O'Reilly

Question:

269. Deputy Louise O'Reilly asked the Minister for Finance the steps that have been taken to determine the case of person (details supplied) in view of the recent judgment of the Supreme Court to quash the decision of the disabled drivers board of appeal not to grant a primary medical certificate to the person. [28411/20]

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Louise O'Reilly

Question:

270. Deputy Louise O'Reilly asked the Minister for Finance the steps that have been taken to determine the case of person (details supplied) in view of the recent judgment of the Supreme Court to quash the decision of the disabled drivers board of appeal not to grant a primary medical certificate to the person. [28412/20]

View answer

Louise O'Reilly

Question:

271. Deputy Louise O'Reilly asked the Minister for Finance his plans to provide a statement on the continued processing of applications for a primary medical certificate in view of the recent judgment of the Supreme Court (details supplied). [28413/20]

View answer

Marc MacSharry

Question:

277. Deputy Marc MacSharry asked the Minister for Finance the steps that have been taken to determine the case of the two children named in the recent judgment of the Supreme Court to quash the decision of the disabled drivers board of appeal not to grant a primary medical certificate (details supplied); and if he will make a statement on the matter. [28707/20]

View answer

Marc MacSharry

Question:

278. Deputy Marc MacSharry asked the Minister for Finance the number of applications for primary medical certificates that have been granted and refused since the Supreme Court decision (details supplied); if the scheme has been suspended; and if he will make a statement on the matter. [28708/20]

View answer

Marc MacSharry

Question:

279. Deputy Marc MacSharry asked the Minister for Finance the position on continued processing of applications for a primary medical certificate in view of the Supreme Court decision (details supplied); and if he will make a statement on the matter. [28709/20]

View answer

Marc MacSharry

Question:

280. Deputy Marc MacSharry asked the Minister for Finance if his Department has suspended processing all applications and appeals of primary medical certificates; the date the scheme was suspended; the reason for same; when the scheme will be resumed; and if he will make a statement on the matter. [28711/20]

View answer

Denis Naughten

Question:

281. Deputy Denis Naughten asked the Minister for Finance when changes will be made to regulation No. 3 of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 in view of the Supreme Court judgement of 18 June 2020; and if he will make a statement on the matter. [28727/20]

View answer

Written answers

I propose to take Questions Nos. 250 to 252, inclusive, 262, 263, 269 to 271, inclusive, and 277 to 281, inclusive, together.

The Disabled Drivers & Disabled Passengers Scheme provides relief from VRT and VAT on the purchase and use of an adapted car, as well as an exemption from motor tax and an annual fuel grant. The cost of the scheme in 2019, excluding motor tax, was €72m.

The Scheme is open to severely and permanently disabled persons as a driver or as a passenger and also to certain organisations. In order to qualify for relief an organisation must be entered in the register of charitable organisations under Part 3 of the Charities Act 2009, be engaged in the transport of disabled persons and whose purpose is to provide services to persons with disabilities.

In order to qualify for relief the applicant must hold a Primary Medical Certificate (PMC) issued by the relevant Senior Area Medical Officer (SAMO) or a Board Medical Certificate (BMC) issued by the Disabled Driver Medical Board of Appeal. Certain other criteria apply in relation to the vehicle and its use, including that the vehicle must be specially constructed or adapted for use by the applicant.

The terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 set out the following medical criteria, and that one or more of these criteria is required to be satisfied in order to obtain a PMC:

- be wholly or almost wholly without the use of both legs;

- be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

- be without both hands or without both arms;

- be without one or both legs;

- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

A Supreme Court decision of 18th June found in favour of two appellants against the Disabled Drivers Medical Board of Appeal's refusal to grant them a PMC. The judgement found that the medical criteria set out in the Regulations did not align with the regulation making mandate given in the primary legislation to further define criteria for ‘severely and permanently disabled’ persons.

In the first instance, I acknowledge that the persons who successfully challenged a decision by the Medical Board of Appeal to refuse them a PMC are, on the basis of that Supreme Court decision, entitled to seek access to the Scheme. The Supreme Court decision raised complex issues, including the manner in which the persons concerned can access the Scheme, given that the Regulation which set out the medical eligibility criteria was not found to be invalid and given that the persons concerned were not assessed for a PMC on the single criterion of being permanently and severely disabled.

However, in the particular circumstances, I consider that both persons merit access to this Scheme and I instructed my officials to liaise with the Medical Board of Appeal to request that Board Medical Certificates are issued to them in light of the Supreme Court decision. In this regard I understand that the Board are amenable to this course of action and that Board Medical Certificates will be issued to the persons concerned shortly.

More generally, the Deputies will appreciate that the complex legal and policy issues raised by the Supreme Court decision will require careful consideration. In parallel to that consideration there is a need to examine how best the Scheme can target resources to those persons who most need them. My officials are currently examining the judgement, in conjunction with the Attorney General’s Office, and will bring forward any policy and/or legislative proposals, as necessary, for my consideration in due course.

In the interim, on foot of the legal advice received, it became clear that it was appropriate to revisit the six medical criteria set out in Regulation 3 of Statutory Instrument 353 of 1994 for these assessments. In such circumstances, it is not proposed to continue with PMC assessments until a revised basis for such assessments is established. The medical officers who are responsible for conducting PMC assessments need to have assurance that the decisions they make are based on clear criteria set out in legislation. While Regulation 3 of Statutory Instrument No. 353 of 1994 was not deemed to be invalid, nevertheless it was found to be inconsistent with the mandate provided in Section 92 of the Finance Act 1989.

My officials were in contact with the Medical Board of Appeal and with officials in the Department of Health and will continue to liaise with them, as required, going forward. I have also written to the Minister for Health to request that there are no further PMC assessments until a sound legal basis for such assessments is re-established.

While it is regrettable that PMC assessments are currently not taking place and I acknowledge that this will result in a growing waiting list, I anticipate that the work that is currently ongoing in relation to this matter will provide a proper basis for me to make a decision on the best pathway forward and to address the current legal uncertainty surrounding the Scheme. I can give a commitment that I will seek to bring clarity to this situation as soon as possible such that PMC assessments can re-continue based on a firm legal basis.

Finally, I can confirm that there are currently about 170 cases waiting for review by the Medical Board of Appeal.

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