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Tuesday, 8 Dec 2020

Written Answers Nos. 117-137

National Broadband Plan

Questions (117)

Catherine Murphy

Question:

117. Deputy Catherine Murphy asked the Minister for the Environment, Climate and Communications the engagements he has and or his officials have had with National Broadband Ireland in respect of the Broadband Cost Reduction Directive in the context of the National Broadband Plan: and if he and or his officials have engaged with the ESB in respect of same. [41899/20]

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Written answers

The National Broadband Plan (NBP) State led Intervention will be delivered by National Broadband Ireland (NBI) under a contract signed in November 2019 to roll out a high speed and future proofed broadband network within the Intervention Area which covers 1.1 million people living and working in the over 544,000 premises, including almost 100,000 businesses and farms along with 695 schools. The NBP deployment plan forecasts premises passed in all counties within the first 2 years and over 90% of premises in the State having access to high speed broadband within the next four years.

Consistent with the Broadband Cost Reduction Directive, NBI will seek to maximise the re-use of existing infrastructure with its plan to re-use predominantly the existing eir pole and duct network and the State owned Metropolitan Area Networks co-location sites currently managed by enet through a concession contract.

I am advised by NBI that as of 3 December 2020 over 139,000 premises across all counties have been surveyed which is ahead of the full year survey target of 120,000 that had been projected by the company. Surveying is the first step towards delivering the new fibre network and involves physically walking the routes and documenting images, notes and measurements of the poles, cables and underground ducts in each area. This informs design solutions for provision of the fibre network to each and every premises in the surveyed area and leads to detailed designs. The detailed designs are then used to initiate the ‘make ready’ project with Open eir for the area, where Open eir ensure any poles and ducts being reused are fit for purpose and the make ready of other required infrastructure.  Separately NBI are considering alternative options in terms of delivering the NBI solution. This includes an engagement with ESB to assess the potential to utilise the ESB Network for certain areas, as allowed for under Broadband Cost Reduction Directive. NBI also plan to engage other third parties in this exercise in due course.

The ESB engagement involves the surveying of ESB Network infrastructure in a sample deployment area and the development of a detailed design for that area. This process will help establish the technical and practical feasibility of whether or not the ESB network is compatible with the NBI solution. This is the primary focus at this time and is likely to take until the end of the year. NBI anticipates that the overall assessment will continue into 2021.

National Broadband Plan

Questions (118)

David Stanton

Question:

118. Deputy David Stanton asked the Minister for the Environment, Climate and Communications the progress of the roll out of the national broadband plan in east County Cork with particular refence to intervention areas located in predominantly commercially serviced towns (details supplied); the timescale for the delivery of the plan to these areas; and if he will make a statement on the matter. [41923/20]

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Written answers

The National Broadband Plan (NBP) State led Intervention will be delivered by National Broadband Ireland (NBI) under a contract signed in November 2019 to roll out a high speed and future proofed broadband network within the Intervention Area which covers 1.1 million people living and working in the over 544,000 premises, including almost 100,000 businesses and farms along with 695 schools.

In County Cork, there are 273,548 premises of which 79,424 (29 %) are in the intervention area for the National Broadband Plan and 194,124 (71%) are in the commercial area where commercial operators are or have committed to providing high speed broadband. The NBP deployment plan forecasts premises passed in all counties within the first 2 years and over 90% of premises in the State having access to high speed broadband within the next four years.  I am advised by NBI that, as of 3 December 2020, over 139,000 premises across all counties have been surveyed which is ahead of the full year survey target of 120,000 that had been projected by the company. Of this figure, over 16,000 premises have been surveyed to date in Cork including in the areas of Carrigaline and Midelton, and network designs completed to deliver the new Fibre to the Home (FTTH) network there. I am advised that surveys have also been completed in Cobh and Carrigtwohill.

Surveying is the first step towards delivering the new fibre network and involves physically walking the routes and documenting images, notes and measurements of the poles, cables and underground ducts in each area. This informs design solutions for provision of the fibre network to each and every premises in the surveyed area and leads to detailed designs. The detailed designs are then used to initiate the ‘make ready’ project with Open eir for the area, where Open eir ensure any poles and ducts being reused are fit for purpose and the make ready of other required infrastructure. This step also informs decisions on equipment ordering. Survey data is also needed to initiate pre-works which pave the way for the deploying of fibre. Pre-works involve construction of new duct routes, erection of poles, building chambers, and tree trimming. On completion of these pre-works, the main construction works can commence. This involves deploying fibre overhead on poles and in underground ducts, splicing of fibre, and unblocking of ducts. Once the main construction works are completed and the appropriate level of testing has been undertaken, the fibre network can be commissioned and end users can order their connection.

The first fibre to the home connections are expected shortly in Carrigaline and  will be subject to technical testing and validation prior to a wider release of the area. I am advised that from early 2021 retailers will be able to resell the service and householders in these areas will be able to order high speed broadband provided via the NBI network.

Further details are available on specific areas within Cork through the NBI website which provides a facility for any premises within the intervention area to register their interest in being provided with deployment updates through its website www.nbi.ie.  Individuals who register with this facility will receive regular updates on progress by NBI on delivering the network and specific updates related to their own premises when works are due to commence.   I am aware that concerns have been raised regarding the level of information available on the deployment of the NBI network and I am advised that NBI is working to provide more detail on its website, with a rolling update on network build plans.Broadband Connection Points (BCPs) are a key element of the NBP providing high speed broadband in every county in advance of the roll out of the fibre to the home network. As of 3 December 2020, 217 publicly accessible BCP sites have been installed by NBI, with 59 already connected to high speed broadband service. The remaining locations will be connected through service provider contracts managed by the Department of Rural and Community Development in the coming months. In Cork, BCPs at Ballindangan Community Centre, Aghabullogue Community Centre, Castletownkenneigh Community Centre, Lissavard Community Centre, Whitechurch Community Centre and T.O. Park Labbamollaga Community Facility have been connected.  Further BCPs at Bere Island Heritage Centre, Laharn Heritage Centre and Ballydaly Community Hall have had infrastructure installed by NBI and will be connected in the coming weeks. Some 58 schools throughout Ireland have now had infrastructure installed by NBI, with 22 schools already connected to high speed broadband. In Cork, a number of schools including Clogagh and Ballycroneen National School Schools will be connected as part of this initiative. My Department continues to work with Department of Education and Skills to prioritise the remaining schools to be connected over the term of the NBP. Further details can be found at https://nbi.ie/bcp-locations/.

Trading Online Voucher Scheme

Questions (119)

Éamon Ó Cuív

Question:

119. Deputy Éamon Ó Cuív asked the Minister for the Environment, Climate and Communications further to Parliamentary Question No. 161 of 26 November 2020, if the flexibility under the trading online voucher scheme regarding the offering of an extension to the four-month deadline for drawdown by the local enterprise offices also applies in the Gaeltacht to Údarás na Gaeltachta; if it is intended to make further funds available to Údarás na Gaeltachta for the approval of further applications under the scheme; and if he will make a statement on the matter. [41926/20]

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Written answers

The Trading Online Voucher Scheme managed by my Department was launched in mid-2014 and is delivered through Enterprise Ireland and the 31 Local Enterprise Offices. Údarás na Gaeltachta has during that time managed its own Trading Online Voucher Scheme with terms that mirror those of the Scheme managed by my Department.

In the light of the Covid-19 pandemic my Department, at the request of the Department of Media, Tourism, Arts, Culture, Sport and the Gaeltacht, provided once-off support in 2020 of €0.4m for the Údarás na Gaeltachta Trading Online Voucher Scheme; with the Department of Media, Tourism, Arts, Culture, Sport and the Gaeltacht providing an additional €0.2m. This funding support was agreed in respect of applications received by Údarás na Gaeltachta before 16 October 2020 for projects capable of completion before year end.  

Funding for Údaras na Gaeltachta is a matter for the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media. 

Environmental Schemes

Questions (120)

Brendan Griffin

Question:

120. Deputy Brendan Griffin asked the Minister for the Environment, Climate and Communications when funding will be provided to local authorities to allow them pay the 2020 adopt a road payments to community groups who clean up and maintain bottle banks and villages nationwide; and if he will make a statement on the matter. [42049/20]

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Written answers

Funding under the Anti-Litter & Anti-Graffiti Awareness Grant Scheme (ALAGS) includes provision for the engagement of community groups in litter clean-ups in villages and towns nationwide.

Funding is available for Local Authorities who have incurred expenditure in respect of these types of activities in 2020.  Traditionally the ALAGs is announced in July after which time Local Authorities engage with community groups in litter clean ups.  In August I made available an allocation of €744,739 for these activities.

A number of Local Authorities indicated that they were in a position to commence ALAG activity in their regions and as a result some Local Authorities have incurred expenditure under the 2020 Scheme.  Other Local Authorities experiencing different levels of Covid restriction since August have yet to commence ALAG activity.  I would like to allow all Local Authorities to fully engage in the scheme and draw down any monies due for this activity.  Considering the unusual circumstances I am considering extending the closing date for the 2020 ALAGS until the end of Q1 2021.

Departmental Staff

Questions (121)

Gary Gannon

Question:

121. Deputy Gary Gannon asked the Minister for the Environment, Climate and Communications the percentage or number of staff working with a disability within his Department and the agencies under his aegis in 2018, 2019 and 2020; and the actions being undertaken by his Department to actively recruit and retain persons with disabilities. [42142/20]

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Written answers

The following table sets out the percentage of employees with a disability for the years 2018 to 2019. Disability statistics for 2020 are currently being compiled.

Year

Staff Employed

No of employees with disabilities

% of employees with disabilities

2018

412

14

3.40%

2019

399

15

3.75%

The Disability Act 2005 sets out the legal obligations of public service bodies and includes:

- the promotion and support of the employment of people with disabilities

- compliance with any statutory Code of Practice

- meeting the target of 3% of employing people with disabilities and

- reporting annually on the achievement of these obligations.

My Department adheres to its requirements as set out by Disability Act of 2005 and  is committed to a policy of equality of opportunity for all staff and supports.

The information requested in relation to the agencies under the aegis of my Department is an operational matter for each agency.  The Department will request the relevant bodies to reply directly to the Deputy with the information requested in respect of their organisations

Covid-19 Pandemic

Questions (122)

Richard Boyd Barrett

Question:

122. Deputy Richard Boyd Barrett asked the Minister for the Environment, Climate and Communications if it will be ensured that all the requirements of the Work Safely Protocol issued on 20 November 2020 are implemented with particular reference to the contents of section D3 (details supplied) in his Department; and if he will make a statement on the matter. [42601/20]

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Written answers

In line with the Government's Plan for Living with Covid-19, staff in my Department continue to work from home unless necessary to attend in person. This means that the vast majority of my staff are working remotely.

Following publication of the Government's Return to Work Safely Protocol in May 2020 my Department developed a COVID-19 Response Plan. This Plan established my Department's procedures for providing a safe and healthy workplace for all staff, contractors and visitors. The Plan is under regular review in light of the evolving response to COVID-19 and the requirements of the Working Safely Protocol. I am satisfied that my Department is in compliance with  the requirements of the Work Safely Protocol highlighted by the Deputy.  

Road Projects

Questions (123)

Michael Healy-Rae

Question:

123. Deputy Michael Healy-Rae asked the Minister for Transport if it will be ensured that the residents and farmers affected by the N/M20 Navy route will be consulted with regard to the putting in place of proper structures to protect the environment, habitat and fauna; and if he will make a statement on the matter. [41770/20]

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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 planning, design and construction of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned.  This is also subject to the Public Spending Code Guidelines and the necessary statutory approvals.   In this context, TII is best placed to advise you on the status of this project.

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.

Córas Iompair Éireann

Questions (124)

Pádraig O'Sullivan

Question:

124. Deputy Pádraig O'Sullivan asked the Minister for Transport when he will sign off on a pension agreement (details supplied); if there is a timeframe in relation to same; and if he will make a statement on the matter. [41929/20]

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Written answers

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

The CIÉ Group has two pension schemes, namely the Regular Wages Scheme (“RWS”) and 1951 superannuation scheme (“1951 Scheme”); and issues in relation to CIÉ pension schemes are primarily a matter for the trustees of the schemes, the CIÉ Group and their employees.

In relation to the RWS, it is understood that the Scheme Trustees are progressing a funding proposal and a draft of the Statutory Instrument is currently being prepared by CIE’s external legal advisors. 

Concerning the 1951 scheme, I understand that proposals related to the scheme were referred to the Labour Court, and a recommendation which emerged on 23rd November is currently being considered by both the Trade Unions and the Company.

I have therefore referred the Deputy’s question to CIÉ 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

Driver Licences

Questions (125)

Pearse Doherty

Question:

125. Deputy Pearse Doherty asked the Minister for Transport if a driver licence and penalty point history will issue to a person (details supplied) in time for the HSE deadline for student paramedic applicant. [41086/20]

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Written answers

The individual will need to contact National Driver Licence Service (NDLS) at 076 1087880 or email info@ndlsd.ie . She must provide her driver number and request the letter of entitlement.  Information regarding a driver will not be sent to a third party by the NDLS.

Driver Licences

Questions (126)

Jackie Cahill

Question:

126. Deputy Jackie Cahill asked the Minister for Transport if the expiry date on a driver licence could be extended in the case of a person (details supplied); and if he will make a statement on the matter. [41090/20]

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Written answers

There is no plan to further extend the validity of driving licences. Irish driving licence law is based on a framework of EU law, and the current extensions bring us into line with the EU legislation.

It is not possible to make exceptions to the legislation for individual cases.

Córas Iompair Éireann

Questions (127, 152)

Fergus O'Dowd

Question:

127. Deputy Fergus O'Dowd asked the Minister for Transport if he will address a matter raised in correspondence (details supplied) regarding CIÉ; and if he will make a statement on the matter. [41117/20]

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Joe Flaherty

Question:

152. Deputy Joe Flaherty asked the Minister for Transport if CIÉ and Iarnród Éireann will be requested to furnish the 1951 pension scheme’s legal advisers (details supplied) with the legal and actuarial documentation and clarifications sought on behalf of the committee in its correspondence of 19 November 2020 to CIÉ. [41572/20]

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Written answers

I propose to take Questions Nos. 127 and 152 together.

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

Issues in relation to Córas Iompair Éireann (CIÉ) pension schemes are primarily a matter for the trustees of the scheme, the CIÉ Group and their employees. 

In light of the above, I have referred the questions to CIÉ 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

Driver Licences

Questions (128)

Brendan Howlin

Question:

128. Deputy Brendan Howlin asked the Minister for Transport the reason a UK driver licence for a person (details supplied) cannot be exchanged for an Irish licence; if his attention has been drawn to the fact that similar licences held by other family members have been exchanged for Irish licences; and if he will make a statement on the matter. [41134/20]

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Written answers

Driving licences issued by the Member States of the EU are mutually recognised. Therefore, a holder of a Member State issued licence who moves to Ireland can drive on that licence until the licence expires. On expiry, the licence holder will then need to exchange their licence for an Irish licence. After 31 December 2020, the UK will no longer be a Member State and so a UK driving licence will not be recognised here.

There is an exception to this exchange agreement. Member States are entitled to enter into licence exchange agreements with countries outside the EU under their national legislation. A driving licence issued by a Member State that was itself issued in exchange for a licence from a state that is not a Member State, or a state that Ireland does not have a licence exchange agreement with, cannot be exchanged for an Irish driving licence. The Road Traffic (Recognition of Foreign Driving Licences) Order 2007 (S.I. No. 527 of 2007) refers. 

In the case mentioned above, the UK licence was issued in exchange for a Zimbabwean licence. Ireland does not have a licence exchange agreement with Zimbabwe and so the UK licence cannot be exchanged here.  The position of other individuals, regardless of whether or not they are members of the same family, is not relevant.

Irish Aviation Authority

Questions (129)

Thomas Gould

Question:

129. Deputy Thomas Gould asked the Minister for Transport if his attention has been drawn to the fact that trustees and actuaries made no provision for future pension increases when determining fund liability; the person or body that gave such an instruction; and if he will make a statement on the matter. [41164/20]

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Written answers

The Deputy has clarified that he is referring to pensions in the Irish Aviation Authority.

The sustainability of Irish Aviation Authority pension schemes is a matter, in the first instance, for the Company and the pension scheme trustees, who are required under law to comply with financial planning rules set by the Pensions Board. 

Ports Facilities

Questions (130)

Neasa Hourigan

Question:

130. Deputy Neasa Hourigan asked the Minister for Transport the noise emission limits there are in place at Tivoli Docks operated by the Port of Cork; if the Port of Cork carries out daytime and night-time noise monitoring; and if he will make a statement on the matter. [41225/20]

View answer

Written answers

This is an operational matter for the Port of Cork Company and my Department has referred the matter to the Company for direct reply to the Deputy. If a response is not received within 10 days, please contact my private office.

Road Traffic Offences

Questions (131)

Catherine Murphy

Question:

131. Deputy Catherine Murphy asked the Minister for Transport further to Parliamentary Questions No. 61, 71, 73 and 74 of 17 September 2020, if he will report on the time frame when his officials in the Driver Vehicle and Computer Services Division who manage the NVDF will have completed the development of its application programme interface solution to allow specific real-time data to be shared with An Garda Síochána to enable their hand-held devices access real-time driver and vehicle data; the key additional driver and vehicle data requested from him by An Garda Síochána that is not currently available via existing data sharing arrangements; if An Garda Síochána will have access to the driver licence number when accessing the driver file at the roadside using their mobility device; the additional search criteria that An Garda Síochána will have access to from the driver record; and if he will make a statement on the matter. [41295/20]

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Written answers

My Department have developed an Application Programme Interface (API) to enable real time access to driver and vehicle data on the National Vehicle and Driver File (NVDF) in a controlled fashion. My officials continue to work with An Garda Síochána with regard to the use of the API to enable their handheld devices access specific data that enables improved road enforcement.

While the technical solution is advanced, the provision of any such data shared, including the data items referenced here, are currently being considered from a legal and data protection perspective.

Motor Insurance Data

Questions (132)

Catherine Murphy

Question:

132. Deputy Catherine Murphy asked the Minister for Transport further to Parliamentary Question No. 77 of 17 September 2020, the timeframe for the creation and completion of a motor third party liability insurance database to capture driver details, including driver number when processing an insurance application; and if he will make a statement on the matter. [41296/20]

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Written answers

The Motor Third Party Liability (MTPL) database is a project which has been underway for some years.  As I am sure the Deputy will agree, it will when completed be an invaluable tool assisting the Garda in identifying uninsured drivers.  Success in reducing uninsured driving will make our roads safer, and should also contribute to a reduction in the cost of insurance.

Legislation to underpin a future MTPL database was passed originally in 2010.  However, as planning for the database proceeded it became clear that this legislation was far from adequate, and it was substantially amended in 2016, with a small further amendment in 2018.

The legislation was partially commenced in December 2018, which allowed for the first phase of data to be uploaded to the system.  This represents private insurance policies or about 92% of those in the country, and I would like to acknowledge the cooperation of all stakeholders in bringing this about.  Completion of the remainder of the database will require some final legislative amendments, which I shall bring forward as part of the Road Traffic (Miscellaneous Provisions) Bill.  These will address both the issues of the driver number and policies which relate to vehicle fleets.

Road Safety

Questions (133)

Catherine Murphy

Question:

133. Deputy Catherine Murphy asked the Minister for Transport further to Parliamentary Question No. 70 of 17 September 2020, when his Department will finalise the development of a speed limit appeals process by which a member of the public can query a speed limit to the local authority; and if he will make a statement on the matter. [41297/20]

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Written answers

As you are already aware, the most recent speed limit guidelines were issued in March 2015 following a review by a speed limit review working group.  Local Authorities (in conjunction with TII in respect of National Roads) are able to amend and set Speed Limits as appropriate and in accordance with the Speed Limit Guidelines for different sections of the road network as required and adopt bye-laws under a reserved function. 

This is an on-going process for local authorities and it can require a review by local authorities when speed limit guidance is updated or when local authorities believe that safety can be improved by better matching certain speed limit zones to existing guidance/best practice. In this context the 2020 Programme for Government has committed to review and reduce speed limits, where appropriate, to address both road safety issues and carbon emissions, and ensure greater compliance.

Ireland’s road network is extensive and inconsistent, which means that a ‘one size fits all’ solution for Speed Limits for the 100,000 kilometre road network is not always possible and queries will arise.  My Department is currently developing a speed limit appeals process whereby a member of the public can query or appeal a speed limit to the local authority. 

I envisage the proposed appeal process will be submitted for Ministerial approval in Q1 of 2021.

Road Safety Authority

Questions (134)

Catherine Murphy

Question:

134. Deputy Catherine Murphy asked the Minister for Transport if he will report on the recent RSA advertisement seeking drivers disqualified in the past five years who are back on the road now to come forward for a new RSA survey; the number of disqualified drivers who came forward; the number of disqualified drivers who have received a €150 voucher from the RSA for their participation in the RSA survey; and if he will make a statement on the matter. [41298/20]

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Written answers

This is an operational matter to be answered directly by the Road Safety Authority, and I have forwarded the Deputy's question to the RSA for direct reply.  If she does not receive a reply within 10 working days she should contact my office directly.

Penalty Points System

Questions (135)

Catherine Murphy

Question:

135. Deputy Catherine Murphy asked the Minister for Transport if his Department has a separate database to record information when a learner or novice driver exceeds seven penalty points and is disqualified; and if he will make a statement on the matter. [41299/20]

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Written answers

All driving licence details including penalty points and disqualifications for learner, novice and full driving licence holders are only recorded on my Department's National Vehicle and Driver File (NVDF).  There is no separate database for the recording of such information.

Driver Licences

Questions (136)

Catherine Murphy

Question:

136. Deputy Catherine Murphy asked the Minister for Transport if there is a likelihood that learner drivers have been going under the radar of the RSA and being issued with a second, third or subsequent learner permit by the RSA even when they have accumulated the maximum seven penalty points and should be disqualified; and if he will make a statement on the matter. [41300/20]

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Written answers

A learner driver who is disqualified from driving receives written notice to this effect, together with the start and end date of the period of disqualification.

When someone's learner permit expires during a period of disqualification, the disqualification freezes, and restarts again when the learner permit is renewed.  Once a learner permit has expired, the permit holder is disqualified from being on the roads in any case.

Once the learner renews their permit, the period of disqualification resumes.

The important point to note is that the learner is disqualified from driving, whether they are in physical possession of a licence or not. 

Penalty Points System

Questions (137)

Catherine Murphy

Question:

137. Deputy Catherine Murphy asked the Minister for Transport if learner drivers who ignore their driving ban and continue to drive and offend have the seven penalty points removed from their permit at the end of their disqualification; and if he will make a statement on the matter. [41301/20]

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Written answers

If any driver, including a learner driver, is disqualified from driving because of an accumulation of penalty points, once the period of disqualification has been served the penalty points are removed from the driver's record.

If a driver is detected by an Garda Siochana driving while disqualified, they face severe penalties under road traffic legislation, including a fine of up to €5,000 and/or 6 months' imprisonment.

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