Written Answers Nos. 174-197
174. Deputy Niall Collins asked the Minister for Transport the reason the terms of the Irish Aviation Authority, IAA, 1996 pension scheme were amended in 2012 without a collective agreement of the staff of the IAA when a mediated collective agreement was in place until 31 December 2018. [39337/20]
View answer175. Deputy Niall Collins asked the Minister for Transport the reason the IAA pension scheme changes did not reflect the collective agreements in place at the time; and the reason staff were not informed. [39338/20]
View answer176. Deputy Niall Collins asked the Minister for Transport the reason pension payment increases have not been awarded given the exceptional profitability of the IAA since 2015; and the authority under which IAA management decide not to award them. [39339/20]
View answer177. Deputy Niall Collins asked the Minister for Transport the reason the IAA hybrid pension scheme is being operated without agreement and outside the requirements of the Irish Aviation Authority Act 1993. [39340/20]
View answer178. Deputy Niall Collins asked the Minister for Transport the reason the pension benefits of the IAA hybrid pension scheme were amended without the members of the scheme being informed. [39341/20]
View answerI propose to take Questions Nos. 174 to 178, inclusive, together.
I can confirm that a submission has been made on behalf of some staff of the Irish Aviation Authority in accordance with Section 41 of the Irish Aviation Authority Act, 1993 in respect of the IAA 1996 pension scheme. Section 41 provides that a dispute on superannuation benefit may be submitted to the Minister for Transport. I am not able to comment on the details of that submission at this point but can advise the Deputy that it will be considered in accordance with the provisions of the Act.
No such submission has been made in respect of the IAA Hybrid scheme. In general, a dispute that arises on the superannuation scheme is a matter between the members of the scheme, the Trustees of the scheme and the company. If agreement cannot be reached Section 41 provides a further option in the case of the IAA.
179. Deputy Paul Murphy asked the Minister for Transport if action will be taken to ensure that sufficient capacity will be provided on a Dublin Bus route (details supplied) [39344/20]
View answerContinued operation of the public transport sector is important, and it has been designated among the essential services that have carried on during the Covid crisis. I would like to thank both public and commercial operators and their staff for their continued dedication to providing this vital service in such challenging times.
The Government's "Living with Covid" Plan sets out capacity guidance for public transport at each of the 5 risk levels identified in the Plan. Due to the rising incidences of Covid-19 in the community, An Taoiseach announced that for a period of six weeks from midnight on Wednesday 21st October, the whole country would move to Level 5 of the Plan. At current levels of risk, public transport operators are restricted to using only 25% of the passenger-carrying capacity on their vehicles. Importantly, the Plan's guidance on working from home where possible and on the closure of social, leisure and other facilities has reduced the demand for public transport well below normal levels. The advice is aimed at ensuring public transport is safeguarded for those who need it most, including frontline workers and students. Both my Department and the NTA are closely monitoring public transport demand and will continue to be guided by public health advice.
Since the move to Level 5, the NTA and bus operators in Dublin (Dublin Bus and Go-Ahead Ireland), have re-allocated a number of vehicles and drivers across the network to enhance the capacity in areas where they were experiencing capacity issues.
Approximately 43 buses have been redeployed by Dublin Bus since October 22nd to help mitigate the impact of the capacity restrictions and reduce the number of passengers being left at stops. Where possible, these vehicles are being deployed during peak demand times, particularly for school travel. These measures have also assisted in reducing passengers' wait times at stops. Currently, all available vehicles are in use, so whilst the re-allocation has eased the situation, it remains the case that there may still be instances of people having to wait for another bus.
The NTA continues to monitor the effects of the reduction in capacity very closely in conjunction with public transport operators. I have therefore referred the Deputy's query regarding the specific bus service mentioned to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
180. Deputy Pádraig Mac Lochlainn asked the Minister for Transport if his attention has been drawn to the challenges faced by long-standing skippers of Irish vessels by the proposed implementation of SI No. 673 of 2019 - Fishing Vessels (Certification of Deck Officers and Engineer Officers) (Amendment) Regulations 2019; and the acknowledgement and support that can be given to those fishers who purchased vessels and have licences on the basis of regulations that existed prior to the regulations being implemented. [39346/20]
View answerThe change referred to by the Deputy relates to the Fishing Vessels (Certification of Deck Officers and Engineer Officers) (Amendment) Regulations 2019 (S.I. No. 673/2019) which came into force in December last year implementing EU Directive 2017/159 which aims to improve working and living conditions for fishermen. The Regulations apply to fishing vessels 15m in length or over in order to comply with the EU Directive. It is important that all fishing vessels are manned by a suitably qualified skipper to ensure the safety of the vessel and all of those on board.
With regard to your query in relation to licensing, which is not linked to the qualifications of the skipper, nor these Regulations, any queries should be addressed to the Licensing Authority for Sea-fishing Boats which comes under the remit of my colleague the Minister for Agriculture, Food and the Marine.
Any person having difficulty meeting the requirements of the Regulations, with regard to the qualifications of the skipper, should engage directly with the Marine Survey Office who are the enforcement body with regard to these Regulations.
181. Deputy Pádraig Mac Lochlainn asked the Minister for Transport his views on a campaign (details supplied); and if he will make the objectives of this campaign Government policy and have it resourced accordingly. [39347/20]
View answerThe Programme for Government – Our Shared Future sets out a very clear vision to fundamentally change the nature of transport in Ireland. To make that change, we need a whole of system perspective across all modes of transport, whether that is active travel, bus or rail. This can only be achieved through evidence-based and plan-led transport infrastructure development, as well as transport infrastructure development that integrates with and acts as a catalyst for improved land-use planning.
Regarding inter-urban rail, I have agreed there is a need to further develop draft terms of reference for a proposed study of rail speeds on the Belfast-Dublin-Limerick Junction-Cork corridor, designated at EU level as a TEN-T Core Corridor. My intention is to ensure the finalised terms of reference take sufficient cognisance of the need for balanced regional development, particularly in relation to connectivity with the North-West.
My Department will work together with other relevant stakeholders in finalising the terms of reference and moving forward with the procurement of consultants.
I look forward to the commencement of this important study.
182. Deputy Eoghan Murphy asked the Minister for Transport if he will extend the current round of public consultation on BusConnects to January or February 2021 given the Covid-19 restrictions and the limitations they have brought. [39363/20]
View answerAs 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, including BusConnects.
Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for a direct reply. Please contact my private office if you do not receive a reply within 10 days.
183. Deputy Eoghan Murphy asked the Minister for Transport if he will include in the terms of reference for the metro south west feasibility study a requirement for the consultants to speak to groups that have already identified an interest including a group (details supplied) and relevant residents associations. [39364/20]
View answer184. Deputy Eoghan Murphy asked the Minister for Transport if the metro south west feasibility study will examine the possibility of the line terminating at Firhouse, Dublin 24. [39365/20]
View answerI propose to take Questions Nos. 183 and 184 together.
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, including light rail.
As the Deputy is aware the feasibility study referred to forms part of the overall review of the Transport Strategy for the Greater Dublin Area 2016 to 2035 which has been launched by the NTA. The NTA is holding an initial public consultation on the review which will run until end January 2021 and then during 2021 will again consult with the public and publish details of the various background analyses currently underway or due to start and seek the views of the public thereon.
Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for a direct reply. Please contact my private office if you do not receive a reply within 10 days.
185. Deputy Eoghan Murphy asked the Minister for Transport the status of the Clonskeagh-to-city centre cycle route; and if he expects delays due to Covid-19 restrictions. [39366/20]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. The National Transport Authority (NTA) has responsibility for the planning and development of public transport infrastructure in the Greater Dublin Area (GDA), including cycling infrastructure.
Details of individual projects are matters for the NTA and the relevant local authorities, accordingly I have referred your question to the NTA for a more detailed reply. Please contact my private office if you do not receive a reply within 10 days.
186. Deputy Marian Harkin asked the Minister for Transport the point at which a person who has attained a certificate of professional competence as transport manager from the UK is required to take the relevant Irish examination in order to retain that certificate post Brexit; the legal position on this matter; and if he will make a statement on the matter. [39378/20]
View answerThis question relates to Brexit and Transport Manager Certificates of Professional Competence.
Under Regulation (EC) No. 1071/2009 a number of requirements must be satisfied in order to be eligible to hold a road transport operator licence for an EU operator, one of which is professional competence. In order to fulfil this requirement, every road transport undertaking must have a nominated Transport Manager to effectively and continuously manage its transport activities. The Transport Manager must be the holder of a Certificate of Professional Competence (hereinafter referred to as "TM CPC") issued in the EU, in either Road Haulage or Road Passenger Transport depending on the nature of the operator's business.
As highlighted in the European Commission’s Brexit Notice of 19 January 2018 (updated on 13 July 2020) to Stakeholders in the Field of Road Transport (https://ec.europa.eu/info/sites/info/files/brexit_files/info_site/road_transport_en.pdf), after the end of the Brexit transition period, TM CPCs issued by an authority of the United Kingdom or a body authorised by the United Kingdom will no longer be valid in the EU.
Holders of UK-issued TM CPCs who do not intend to use their certificate to act as Transport Manager for a road transport operator based in the EU are unaffected and no action is required on their part to retain their UK certificate if working for, or seeking to work for, UK operators.
As part of the Government's Brexit preparations, my Department has carried out a review and has identified circa 200 individuals with a UK-issued TM CPC who are nominated as Transport Manager for Irish road transport operators. My officials have recently written to these Transport Managers and the relevant operators to ensure that they are aware of the position as outlined in the European Commission's Brexit notice to stakeholders. The Department also carried out a similar communications exercise in October 2019 in preparation for the Brexit deadlines as they stood then, with letters issuing to relevant Transport Managers and operators at the time.
Operators affected are allowed a period of up to a maximum of six months in which to ensure that the professional competence requirement for their operator licence is once again satisfied, in accordance with Article 13 of Regulation (EC) 1071/2009.
Individuals who hold a UK-issued TM CPC and who wish to act as Transport Manager for a road transport operator based in the EU, including Ireland, must obtain a TM CPC issued by an EU Member State. Obtaining an Irish TM CPC requires passing the TM CPC examination administered by the Chartered Institute of Logistics and Transport (CILT). Candidates in this case will not be required to undertake the training course of 100 hours that is normally mandatory before taking the examination. The next TM CPC examination will be held on 9 December 2020 and online registration with CILT for this examination closed on 25 November. The examination will next be offered in the first quarter of 2021.
In accordance with Article 4 of Regulation (EC) 1071/2009, the Transport Manager for a road transport operator based in the EU must be resident in the EU.
My Department will continue to liaise with the European Commission on this matter; however, the current position is as set out in the relevant EU legislation as above, and Irish Transport Managers and operators must ensure that they meet the relevant EU legislative requirements.
187. Deputy Pearse Doherty asked the Minister for Transport if his attention has been drawn to the fact that the email address for urgent RSA driver tests provided by him in response to a recent parliamentary question is no longer monitored; if he will advise on an alternative email addresses through which representations can be made for urgent appointments; and if he will make a statement on the matter. [39399/20]
View answerThe RSA have recently updated their process and candidates can now request an urgent Driving Test via a dedicated webform available at
https://www.rsa.ie/en/RSA/Learner-Drivers/The-Driving-Test/Request-an-urgent-driving-test/
This webform will allow customers to assess whether they qualify for an urgent test appointment and if so, to submit an application for same. If the applicant’s request is accepted, they will be placed on a short notice list and may be called for a test with as little as one days’ notice.
The webform allows for a quicker response time in the case of such requests ,while also eliminating the need for manual processing. If somebody emails the urgent test email address, they will get an auto response directing them to use the webform.
188. Deputy Pearse Doherty asked the Minister for Transport if a driver test will be expedited in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [39400/20]
View answerThe 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.
The Road Safety Authority has advised it is prioritising driver testing for essential workers and has set up a dedicated webform on its website www.rsa.ie.
This webform will allow customers to assess whether they qualify for an urgent test appointment and if so, to submit an application for same. If the applicant’s request is accepted, they will be placed on a short notice list.
189. Deputy Pearse Doherty asked the Minister for Transport when PSV tests will recommence; if his attention has been drawn to the impact that the suspension of such tests has on businesses requiring such licences; and if he will make a statement on the matter. [39401/20]
View answerThe regulation of the small public service vehicle (SPSV) industry, including entry tests for SPSV drivers, is a matter for the National Transport Authority (NTA) under the provisions of the Taxi Regulation Act 2013.
Given the role of the NTA as regulator, I have referred your question to the Authority for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.
190. Deputy Darren O'Rourke asked the Minister for Transport the supports available to taxi drivers who are obliged to renew their cars in January 2021 under the ten-year rule; if the ten-year rule will be further postponed for a period given the impact of Covid-19 on the taxi industry; and if he will make a statement on the matter. [39424/20]
View answerVehicle age limits for small public service vehicles (SPSVs) are a matter for the statutory regulator, the National Transport Authority (NTA).
The Deputy may be aware that, at the start of the pandemic, the NTA extended until the end of 2020 the age limits for vehicles that were due to reach them from March onward. Furthermore, the NTA has proposed a further extension of these age limits until 31 December 2021 and has recently concluded a public consultation on this proposal. More detailed information in relation to this proposal is available on the following link: https://www.nationaltransport.ie/consultations/public-consultation-maximum-permissible-age-october-2020/
191. Deputy Paul Murphy asked the Minister for Transport if he will provide additional resources for the RSA to enable it to expedite driver theory tests for which there are now excessively long waiting lists (details supplied). [39432/20]
View answerThe Driver Theory Test has not been deemed to be an essential service under level 5. As a consequence, the service is closed, effective from midnight on Wednesday 21st of October, and for the duration of Level 5 restrictions. All appointments during that time have been rescheduled to the next available appointment date.
As I am sure you are aware, the Theory Test service was temporarily suspended in March 2020 due to the Covid 19 emergency. When the service resumed in June, there was an increased level of demand and a significant backlog developed. This was coupled with the need to significantly reduce normal daily capacity to comply with occupational and public health requirements.
When the Driver Theory Test Service closed on the 21st of October due to the latest restrictions, the majority of testing centres had almost full bookings up to end December and some into January too as it worked its way through the initial backlog. The decision was taken by the service provider that those whose appointments were cancelled due to the latest restrictions would be rescheduled to the next available appointment date.
The Road Safety Authority has advised my office that it is engaging with its service provider to examine ways of increasing the number of tests within the current health constraints for when services are resumed. This will help reduce and, over time, eliminate the backlog.
While I regret the inconvenience caused, public safety is of paramount importance. My officials and I are working hard to ensure the resumption of services as soon as Level 5 is lifted.
194. Deputy Denis Naughten asked the Minister for Finance if the help-to-buy scheme will be extended to include the refurbishment cost in addition to the capital cost of the house; and if he will make a statement on the matter. [28420/20]
View answerThe Help to Buy (HTB) incentive, is a scheme to assist first-time purchasers with the deposit they need to buy or build a new house or apartment. The incentive gives a refund of Income Tax and Deposit Interest Retention Tax (DIRT) paid in Ireland over the previous four years, subject to limits outlined in the legislation.
In addition to the conditions laid down in section 477C Taxes Consolidation Act 1997 (TCA), including that the property is occupied as the sole or main residence of a first time purchaser, section 477C(2) defines a ‘qualifying residence’. The legislation is specific as to the definition of a qualifying residence. It must be a new building which was not, at any time, used or suitable for use as a dwelling. If the property was non-residential, but has been converted for residential use, it may qualify for HTB. Renovation or refurbishment of old houses to either upgrade or reinstate them for habitation does not qualify for HTB.
For a property to qualify for Help to Buy it must be new, or, converted for use as a home not having been previously been used as a home. In the circumstances where the house was previously used as a dwelling but knocked down and rebuilt, then it is “new”. First-time buyers may purchase a site containing a house which is derelict and which they plan to demolish, in whole or in part, with the intention of building a new house. First time buyers intending to undertake such purchases should contact Revenue via MyEnquiries outlining the specific circumstances of their case and Revenue will consider them on a case by case basis.
Revenue advise me that in order for it to make an assessment that the dwelling being built on the site is ‘new’, sufficient evidence is required which shows that the previous dwelling was demolished and replaced as opposed to being extended/refurbished. Revenue also require as much evidence as possible from the builder, engineer or other professionals working on the project, about the condition of the former dwelling which made it uninhabitable or unsound and required that it was demolished (and the extent of demolition involved). If there is any other information (photos, etc.) that’s relevant in helping Revenue understand that the property meets the criteria in the legislation, this should be included.
I have no plans to broaden out the definition of a qualifying residence under the scheme in the manner mentioned by the Deputy.
197. Deputy Mairéad Farrell asked the Minister for Finance if a group (details supplied) is still chaired by the Secretary General of the Department of the Taoiseach; and the reason it no longer publishes the minutes of its meetings. [28276/20]
View answerIn 2015 the government launched a Strategy entitled IFS2020: A Strategy for Ireland’s International Financial Services Sector 2015–2020. New implementation structures were established under that Strategy and the Clearing House Group no longer exists. This revised committee structure continues under the most recent Strategy for the development of the international financial services sector to 2025, ‘Ireland for Finance’ (2019). The new committee structure is a modernisation to reflect the profile and characteristics of the sector as well as new models of engagement which have worked well in driving growth and job creation through the Action Plan for Jobs and other successful government strategies. Furthermore, given the nationwide nature of international financial services in Ireland, the new structures also reflect the continued regional development of the industry.
Under the new structures, an Industry Advisory Committee (IAC) represents the industry expertise and a High Level Implementation Committee (HLIC), which is a senior group of civil and public servants, represents the public sector. The public sector High Level Implementation Committee meets quarterly as a standalone committee. Thereafter, it and the Industry Advisory Committee meet jointly as the Ireland for Finance Joint Committee each quarter.
The Minister of State at the Department of Finance, Seán Fleming TD, chairs the High Level Implementation Committee (HLIC) and the Ireland for Finance Joint Committee.
The minutes of the HLIC are available at https://www.gov.ie/en/collection/f412d5-public-sector-high-level-implementation-committee-hlic-minutes/
The minutes of the Ireland for Finance Joint Committee are at https://www.gov.ie/en/collection/4b2aa7-minutes-of-the-ifs2020-joint-committee-jc-meetings/
