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Thursday, 3 Dec 2020

Written Answers Nos. 182-201

Bus Services

Questions (182)

Donnchadh Ó Laoghaire

Question:

182. Deputy Donnchadh Ó Laoghaire asked the Minister for Transport when the rerouting of Bus Éireann route 225 will take place. [40914/20]

View answer

Written answers

As the Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. However, I am not involved in the day-to-day operations of public transport.

The issue raised is a matter for the National Transport Authority (NTA), in conjunction with Bus Éireann, and I have 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.

Cycling Facilities

Questions (183)

Jackie Cahill

Question:

183. Deputy Jackie Cahill asked the Minister for Transport if the N62 between Loughmore Cross and Templemore, County Tipperary that was recently resurfaced could have funds provided for a cycle and walking lane to be developed along the road in line with policy that has 10% of all roads expenditure set aside for such initiatives; and if he will make a statement on the matter. [40925/20]

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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 operation and maintenance 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 you, pending also the Government's proposed review of the NDP.

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

Air Pollution

Questions (184)

Róisín Shortall

Question:

184. Deputy Róisín Shortall asked the Minister for Transport if his Department has received recommendations to address traffic air pollution from the working group on urban transport-related air pollution; and if he will make a statement on the matter. [40940/20]

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Written answers

The Urban Transport Related Air Pollution (UTRAP) group was jointly convened by the Department of Communications, Climate Action and Environment (now Department of Environment, Climate and Communications) and the Department of Transport, Tourism and Sport (now Department of Transport). It was established to:

- examine transport-related air pollution;

- raise stakeholder awareness of this pollution, its occurrence in urban contexts and its legislative framework;

- review and identify best-practice measures to reduce transport-related air pollution in Irish cities and towns; and

- develop an evidence-based national policy framework within which local authorities could address the NO2 exceedance in Dublin and any potential future exceedances.

The group includes representatives from government Departments, environmental, health and transport agencies, local authorities, and additional key stakeholders.

Its work programme has included analysis and review of:

- the nature of Irish transport-related air pollution in general and in cities;

- public health impacts;

- the nature of the Irish vehicle fleet and vehicle emissions standards;

- available air-pollutant and transport-related pollutant data;

- on-going research, and national and urban-specific air pollutant monitoring processes and models;

- tax measures;

- on-going and projected fleet transition measures in the private and public vehicle fleets, including buses and rail infrastructure; and

- the work of the on-going Department of Transport Five Cities Traffic Demand Management Study.

The initial report and recommendations are currently at an advanced stage of drafting, and will soon be presented to the Group for review. Once the Group finalises and agrees the report and its recommendations they will submit them to me and I plan to publish the report when I have considered it.

Air Quality

Questions (185)

Róisín Shortall

Question:

185. Deputy Róisín Shortall asked the Minister for Transport if a local air quality monitor can be installed in an area (details supplied). [40941/20]

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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. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the operation and management of individual national roads, including the Dublin Port Tunnel, is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. In this context, TII is best placed to advise you.

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

Driver Test

Questions (186)

Darren O'Rourke

Question:

186. Deputy Darren O'Rourke asked the Minister for Transport if a person attending a scheduled driver test in a vehicle with a valid NCT by virtue of the fact of the NCT extension will be failed or considered ineligible, that is, their NCT disc is marginally out of date; and if he will make a statement on the matter. [40962/20]

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Written answers

As the Deputy will be aware, on the 20 April 2020, the Minister for Transport, Tourism and Sport at that time, Shane Ross TD, signed the Road Traffic (National Car Test) (Amendment) Regulations 2020 into law. These Regulations provided that a 4 month extension was given to test due dates for vehicles under two specific circumstances:

- vehicles that had a National Car Test (NCT) certificate in force on 28 March 2020; and

- vehicles with a first test due falling during the period beginning on 28 March 2020 and ending on 31 July 2020.

This extension was given as a direct result of the suspension of the National Car Test roadworthiness service (NCT) on 28 March 2020 as part of the State’s response to Covid 19. This represents a permanent resetting of the annual date for NCT for eligible vehicles. The NCT of those vehicles will be considered valid until such time as the next test date is due and as such, there should be no impact for the purposes of driver testing.

However, the Deputy may wish to note that that this extension applies only to vehicles with a NCT certificate expiry date on or after 28th March 2020, or where the vehicle was not first registered after August 2016. Vehicles not meeting these criteria are required to undergo the NCT before the vehicle owner can proceed with the driver testing process. The NCTS therefore has strongly advised that all NCT customers confirm their new test date via the NCTS website.

Where test candidates have an expired certificate of NCT on their windscreens, they are strongly advised to bring a communication from the NCTS confirming an extension to the period of validity. Failure to satisfy a driving tester that the vehicle’s NCT is valid may result in the candidate being refused permission to undergo the test.

Light Rail Projects

Questions (187)

Éamon Ó Cuív

Question:

187. Deputy Éamon Ó Cuív asked the Minister for Transport if his Department has commissioned a study on the feasibility of a light rail system for Galway city; if so, when it is expected this report will be available; and if he will make a statement on the matter. [40963/20]

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Written answers

The Deputy is likely aware that, commencing in 2016, transport investment in all the major cities is guided by the development of metropolitan area transport strategies. Since 2016 transport strategies have been published in respect of the Greater Dublin Area, Galway and the Cork Metropolitan Area, while development of a transport strategy for the Limerick-Shannon Metropolitan Area has commenced and work on the final strategy in respect of the Waterford Metropolitan Area will commence this year.

This move toward evidence based, plan-led transport planning for our major cities is to be welcomed and allows for consideration of all relevant issues and the potential role all modes of transport can play in addressing those issues. I would also note that providing this type of long-term investment framework represents international best practice in the area of transport planning.

In relation to Galway, the Deputy should be aware that the issue of light rail in Galway city was comprehensively examined as part of the development of the Galway Transport Strategy. The Strategy concluded that a bus based public transport system, supported by various active travel and public realm improvements, represents the most appropriate system for Galway over the period considered by the Strategy. There is no further feasibility study planned for light rail at present albeit I know there, and indeed have met with, advocates of what is termed a ‘very light rail’ system which I understand is technology at a very early stage of development in the United Kingdom.

I am eager to see progress on the delivery of the Galway Transport Strategy and welcome the recent non-statutory consultations on two of the key Galway BusConnects corridors. I look forward to the delivery of much improved active travel infrastructure in the next few years as well as improvements to the commuter rail network, such as the proposals in relation to Ceannt Station, Oranmore Station and indeed the Athenry to Galway rail corridor generally.

Driver Licences

Questions (188)

Catherine Connolly

Question:

188. Deputy Catherine Connolly asked the Minister for Transport further to Parliamentary Question No. 358 of 3 November 2020, if persons who obtained a manual driver licence in category B prior to 2013 and a manual driver licence in category C and C1 in 2014 and who also hold an automatic licence in category D and D1 may avail of the exemption provided for by the Road Traffic (Licensing of Drivers) (Amendment) (No. 8) Regulations 2020 signed on 30 October 2020 transposing Directive (EU) 2020/612. [41051/20]

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Written answers

The Regulations, which transposed Annex II, 5.1.3 of EU Directive 2006/126/ provides for an exemption that where a truck or bus driving test is taken in an automatic transmission vehicle but the person had earlier taken and passed a car or higher category (i.e. bus or truck) driving test in a manual transmission vehicle then the person is allowed to drive a truck or bus with a manual transmission system.

From 1 November 2020, when the Regulations came into effect, a driver can apply for a replacement licence without the automatic transmission restriction. A replacement licence costs €35. Alternatively, a driver can wait until their licence is due for renewal and the new licence will be issued without the restriction where applicable.

Primary Medical Certificates

Questions (189)

Danny Healy-Rae

Question:

189. Deputy Danny Healy-Rae asked the Minister for Finance the position regarding the processing of primary medical certificates (details supplied); and if he will make a statement on the matter. [40951/20]

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Written answers

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

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.

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, PMC assessments were discontinued until a revised basis for such assessments could be 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.

In order to allow for the PMC assessments to recommence I have brought forward an amendment to the Finance Bill to provide for the existing medical criteria in primary legislation. When the Bill is enacted, this will allow for assessments to recommence in circumstances where the legal basis for such assessments is clarified.

I consider this to be an interim solution only. While I am very aware of the importance of this scheme to those who benefit from it, I am also aware of the disquiet expressed by members of this house and others in respect of the difficulties around access to the scheme. With this in mind I have asked my officials to undertake a comprehensive review of the scheme, to include a broader review of mobility supports for persons with disabilities, and on foot of that review to bring forward proposals for consideration.

Data Protection

Questions (190)

Alan Kelly

Question:

190. Deputy Alan Kelly asked the Minister for Finance if his Department has been the subject of an investigation by the Data Protection Commission from 2016 to date; the number of specific investigations underway or completed; the dates on which his Department was first notified of the investigation; the details of the investigation; the nature of the complaints; and if he will make a statement on the matter. [40810/20]

View answer

Written answers

My Department has not been the subject of an investigation by the Data Protection Commission in the period concerned.

Credit Availability

Questions (191, 192, 193, 194)

Gerald Nash

Question:

191. Deputy Ged Nash asked the Minister for Finance the way in which a personal or business customers Covid-19 payment break is recorded on the Central Credit Register; if the recording of a payment break on the register will lead to future difficulties accessing credit and potentially higher interest rates for persons or businesses; and if he will make a statement on the matter. [41023/20]

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Gerald Nash

Question:

192. Deputy Ged Nash asked the Minister for Finance the number of Covid-19 payment breaks which have been recorded with the Central Credit Register; the classification of payment breaks on the register; and if he will make a statement on the matter. [41024/20]

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Gerald Nash

Question:

193. Deputy Ged Nash asked the Minister for Finance his views on the contention by the Competition and Consumer Protection Commission that most lenders use a credit reference agency (details supplied) to check a customer’s credit history; if a Covid-19 payment break will affect a customer’s credit score and lead to future difficulties accessing credit and potentially higher interest rates for persons; and if he will make a statement on the matter. [41025/20]

View answer

Gerald Nash

Question:

194. Deputy Ged Nash asked the Minister for Finance his views on whether lenders should not restrict access to credit in the future for customers who availed of Covid-19 payment breaks or related restructuring of their loan; his plans to ensure those who have availed of payment breaks do not see their credit history rating with respective credit rating organisations (details supplied) negatively impacted; and if he will make a statement on the matter. [41026/20]

View answer

Written answers

I propose to take Questions Nos. 191 to 194, inclusive, together.

The Central Credit Register (CCR) is established by the Central Bank of Ireland under the Credit Reporting Act 2013. Under that Act, lenders are obliged to submit personal and credit information on loans of €500 or more, and to enquire on the CCR when considering loan applications for €2,000 or more. Lenders may, if they wish, also enquire on the CCR when considering a loan application for less than €2,000; if the borrower has sought a restructure; if a loan is in arrears; or if there has been a breach of the limit on a credit card or overdraft.

In relation to the impact of Covid-19 payment breaks on the CCR, the Central Bank has made it clear to all lenders that either a full or partial payment break agreed between a lender and a borrower as a response to Covid-19 is not, in itself, an event that is reportable to the CCR. Furthermore, it has also clarified that a payment break agreed between a lender and a borrower as a response to Covid-19 should not be reported to the CCR as either a “missed payment” or as a “restructure event”.

In relation to the impact on new lending, it should be noted that the information on a credit report provided by the CCR is factual in nature (and is, in turn, based on information provided to it by lenders) and it does not contains any guidance, recommendation or prohibition for lenders on what decision they should make on an application for credit. It remains a commercial matter for lenders, subject to complying with applicable law and regulatory requirements governing the provision of credit to consumers and other borrowers, to make their own lending decisions in accordance with their own credit policies and risk appetites. Nevertheless, borrowers may wish to note that they may access their credit report free of charge (subject to fair usage) at www.centralcreditregister.ie.

In relation to the Irish Credit Bureau, this is a private bureau and it falls outside of the regulatory remit of the Central Bank.

Regarding the number of Covid-19 payment breaks, recent data from the Banking Payments Federation of Ireland indicates that at the end of October approximately 153,000 Irish loans had availed of a Covid-19 payment break and that, of these, approximately 23,000 were active at that point. Furthermore, the BPFI data also indicates that 76% of accounts with expired payment breaks returned to full payments on the existing term and that a significant further number returned to full payments on an extended term.

Data Protection

Questions (195)

Alan Kelly

Question:

195. Deputy Alan Kelly asked the Minister for Public Expenditure and Reform if his Department has been the subject of an investigation by the Data Protection Commission from 2016 to date; the number of specific investigations underway or completed; the dates on which his Department was first notified of the investigation; the details of the investigation; the nature of the complaints; and if he will make a statement on the matter. [40816/20]

View answer

Written answers

I wish to advise the Deputy that my Department had one audit by the Data Protection Commission in the period from 2016 to date. In 2016, an audit was carried out on PeoplePoint in the National Shared Services Office (NSSO), which at that time was a division of the Department. As the Deputy may be aware, the NSSO has since been established as a Scheduled Office under the aegis of my Department by the National Shared Services Office Act 2017. The specific information requested by the Deputy is set out in tabular form below.

Information sought by the Deputy

Position

Number of specific investigations underway or completed

1 (in the NSSO)

Dates on which the Department was first notified of the investigation

21 March, 2016 (deferred from 2013)

Details of the investigation

In terms of the background to the decision to audit PeoplePoint, the (then) Office of the Data Protection Commissioner (ODPC) Inspection team recalled that at the time of its inception (2013), the ODPC had flagged to Peoplepoint that an audit would need to be carried out in light of the volume of personal data to be processed via the shared service centre. At the time, PeoplePoint requested a deferral of the audit as the organisation had only recently been established and the ODPC acceded to this request.

Nature of the complaints

The investigation was a deferred audit which did not arise from a complaint (as laid out above).

Public Sector Pay

Questions (196)

Willie O'Dea

Question:

196. Deputy Willie O'Dea asked the Minister for Public Expenditure and Reform his plans to follow through on the commitment given by the previous Government to resolve the pay inequality issue for teachers and other public servants in the next public sector pay agreement; and if he will make a statement on the matter. [40847/20]

View answer

Written answers

The reduced new entrant pay scales for civil and public servants introduced in 2011 were abolished in 2013 under the Haddington Road Agreement, where it was agreed to merge the new scales and existing scales - typically by adding the lower two points of the new scale to the existing scale. As such there are no separate reduced pay scales for civil and public servants.

Under the Public Service Stability Agreement (PSSA) 2018 – 2020, it was agreed to examine the remaining salary scale issues, associated with the addition of the extra points, for those recruited to entry grades after January 2011. The report, laid before the Houses of the Oireachtas in March 2018, estimates the point in time cost of advancing new entrants to the public service two points along their incremental scales. The report estimated a cost of €199.8m in respect of 60,513 new entrants, an average cost of €3,300 per FTE.

Following this report, lengthy and intensive negotiations with the Public Services Committee of the Irish Congress of Trade Unions took place over 2018 resulting in an agreement on new entrant salary scales being reached in September 2018.

The main components of the agreement are:

- where two additional scale points were applied to pay scales under the Haddington Road Agreement, it was agreed that there will be two separate interventions in the pay scales as they apply to new entrant public servants recruited since January 2011.

- the two separate interventions will take place at point 4 and point 8 of the pay scales. The practical effect of this is that for new entrants the relevant points on the scale will be bypassed, thereby reducing the time spent on the scale for progression to the maximum point.

- in situations where only one point was added to the existing pay scale under Haddington Road, then the first point (i.e Point 4) is bypassed by eligible new entrants.

- this measure was applied from 1 March 2019 and will be applied to each new entrant as they reach the relevant scale points (point 4 and point 8) on their current increment date.

This is an agreement of considerable scale and complexity, each element of which was the product of negotiation with ICTU.

New entrant teachers, recruited after January 2011, are covered by the agreement.

As the Deputy is aware my Department are now engaged in formal negotiations, under the auspices of the Workplace Relations Commission, on the potential of a successor agreement to the PSSA. A range of issues are being discussed as part of this and it would be inappropriate for me to comment on the specifics at this time.

Flood Relief Schemes

Questions (197, 198, 199)

Claire Kerrane

Question:

197. Deputy Claire Kerrane asked the Minister for Public Expenditure and Reform the plans the OPW put in place for flood relief in the Shannon Callows for 2020. [40965/20]

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Claire Kerrane

Question:

198. Deputy Claire Kerrane asked the Minister for Public Expenditure and Reform the plans the OPW is putting in place for flood relief in the Shannon Callows in 2021. [40966/20]

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Claire Kerrane

Question:

199. Deputy Claire Kerrane asked the Minister for Public Expenditure and Reform if the maximum amount of water has been safely released without flooding communities at Parteen Weir and Ardnacrusha in order to lower Lough Derg in anticipation of the next weather event. [40967/20]

View answer

Written answers

I propose to take Questions Nos. 197 to 199, inclusive, together.

The Government established the Shannon Flood Risk State Agency Co-ordination Working Group in 2016 to enhance the ongoing co-operation of all State Agencies involved with the River Shannon. It is co-ordinating the overall response to flood risk management on the Shannon informed by the assessment of flood risk carried out under the Catchment Flood Risk Assessment and Management (CFRAM) programme and it is taking forward other initiatives to mitigate flooding on the Shannon.

Since its establishment, the Group has produced annual work programmes, which include co-ordinated focussed and prioritised actions and activities to manage flood risk for the Shannon catchment. The work programme for 2020 is published and available at www.opw.ie. Preparation is currently underway for the work programme for 2021, which will be published following its approval by the Working Group.

The Group has taken a number of significant decisions since its establishment and the scope of work undertaken to date includes:

- Completed targeted maintenance at five locations on the River Shannon which has enhanced the conveyance capacity and halted further deterioration of the channel.

- Completed a study to examine the removal of constrictions resulting in lower summer water levels through the Shannon Callows, to help address the summer flooding in the area while maintaining the appropriate navigation requirements.

- Completed a study to examine the cause, degree and rate of restriction downstream of Parteen Weir in the Lower Shannon.

- Trialling the lowering of the lake levels on Lough Allen to help alleviate any significant flooding that may occur.

- Completed a preliminary assessment on the potential for strategic maintenance on the River Shannon.

In October 2019, the Group agreed to a €7 million strategic programme of maintenance works and the removal of constrictions or ‘pinch points’ on the bed of the River Shannon between Athlone and Meelick Weir, through the Callows region, to improve the conveyancing of the River Shannon. This work will involve the full environmental assessments required to progress to the planning process for consent to proceed. This may influence the order of priority for undertaking the proposed works by Waterways Ireland, as the implementing body for the works. The works will also be informed by public consultation.

Waterways Ireland has informed the OPW that it is advancing the various interventions, with work expected to commence at a number of locations in 2021.

The ESB manages the weirs, sluices and other works that are part of the Shannon Scheme, and the water levels on Lough Allen, Lough Ree and Lough Derg. The levels in between the lakes are managed by Waterways Ireland for navigation purposes. Both organisations are members of the Working Group and communicate on a daily basis to ensure a co-ordinated approach to managing water levels on the River Shannon.

I am informed by the ESB that it is continuously monitoring the water levels throughout the Shannon Catchment and continues to operate in accordance with its regulations and guidelines for control of the River Shannon. In times of flood, ESB prioritises the safe passage of water over the generation of electricity. There has been less rainfall over the past week throughout the catchment following a sustained wet period. This has resulted in a reduction in water levels in the River Shannon and its tributaries. Lough Derg levels have reduced to within its normal operating band.

Discharge at Parteen Weir down the old River Shannon Channel was reduced on Monday 30th November from 55m3/s to the statutory compensation flow of 10m3/s. Ardnacrusha Station is operating at full throughput; that is discharges are 350-400m3/s. Discharging more water than current would result in lowering water levels in Parteen Basin below safe operating limits with the risk of causing stability issues to the Earthen Embankment Dams that form Parteen Basin. ESB can only manage the flow of water as it arrives at Parteen Weir from Lough Derg. The water flow from Lough Derg to Parteen Basin is restricted by the flow capacity of the outlet channel from Lough Derg at Killaloe. The capacity restriction acts like a bottleneck limiting the discharge from Lough Derg. ESB is maximising the discharge of water from Lough Derg within the Dam Safety constraints.

Should further rain occur, water levels in Lough Derg will rise, which will result in increased water flow to Parteen Weir; that situation will necessitate further discharge from Parteen Weir down the old river Shannon channel. Predicted water levels and expected discharge amounts based on the latest Met Éireann forecast can be found on the ESB’s twice weekly Shannon Forecast available to view at: www.esb.ie/our-businesses/generation-energy-trading-new/hydrometric-information/river-shannon.

Flood Risk Management

Questions (200)

Michael Healy-Rae

Question:

200. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the status of works on sluice gates in a location (details supplied); and if he will make a statement on the matter. [40979/20]

View answer

Written answers

The Office of Public Works has no responsibility for the sluice gates in question as they are located in a channel that forms part of a Drainage District that is under the auspices of Kerry County Council.

Covid-19 Pandemic

Questions (201)

Louise O'Reilly

Question:

201. Deputy Louise O'Reilly asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if art galleries will be allowed open with health and safety precautions in place when the public health restrictions change. [40937/20]

View answer

Written answers

The Government’s medium-term Strategy Resilience and Recovery 2020-2021: Plan for Living with COVID-19, sets out Ireland's approach to managing and living with COVID-19, in a range of areas, over a period of 6 – 9 months.

The Plan aims to allow society and businesses to operate as normally as possible, while protecting our key priorities of supporting and maintaining health and social care services, keeping education and childcare services open and protecting the most vulnerable members of our communities.

As announced on 27 November, art galleries may re-open from 1 December 2020 with protective measures. See the Government's website at this link www.gov.ie/en/publication/ad569-level-3/#measures-in-place-from-1-december.

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