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Wednesday, 10 Mar 2021

Written Answers Nos. 205-229

Broadband Infrastructure

Questions (205)

Pearse Doherty

Question:

205. Deputy Pearse Doherty asked the Minister for the Environment, Climate and Communications when fibre broadband will be available to a household (details supplied) in County Donegal; and if he will make a statement on the matter. [13498/21]

View answer

Written answers

The Question refers to a premises located in the AMBER area on the National Broadband Plan (NBP) High Speed Broadband Map which is available on my Department's website www.broadband.gov.ie. The AMBER area represents the area to be served by the network to be deployed under the NBP State led intervention. I appreciate people's frustration when they are living so close to a fibre network but cannot get a connection to that network, particularly given the heightened importance of connectivity during the Covid-19 pandemic. The NBP will ensure that in all such cases a future proofed high speed broadband network will be built to serve these premises and work to deliver on this is underway.

I am advised by National Broadband Ireland that, as of 3 March 2021, nearly 187,000 premises across all counties have been surveyed. Surveys are complete in County Donegal in the areas Milford, Letterkenny, Ramelton, Termon, Ballymacool, Kilmacrennan, Mullaghfin and Tommyscroft.  Further details are available on specific areas within County Donegal 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 as works commence. I am advised that NBI is working to provide more detail on its website, with a rolling update on network build plans. NBI also has a dedicated email address, reps@nbi.ie, which can be used by Oireachtas members for specific queries.

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 March, 287 BCP sites have been installed by NBI and the high speed broadband service will be switched on in these locations through service provider contracts managed by the Department of Rural and Community Development for publicly accessible sites and the Department of Education for school BCPs. BCP’s are installed BCP’s connected in Donegal are Ray Community Centre, Leghowney Community Centre (9.21 Kilometres from the premises), Dunree Military Museum, Cranford Coole Community Centre, the Gweedore Theatre and Meenreagh Hostel.  Further details can be found at https://nbi.ie/bcp-locations/ .

My Department continues to work with the Department of Education to prioritise schools with no high speed broadband, within the Intervention Area, for connection over the term of the NBP. In this regard, an acceleration of this aspect of the National Broadband Plan was announced in December which will see some 679 primary schools connected to high speed broadband by 2022, well ahead of the original target delivery timeframe of 2026. Some 42 schools in County Donegal are to be connected by the end of 2022. Further details are available on the NBI website at https://nbi.ie/primary-schools-list/.

Departmental Advertising

Questions (206)

Paul Kehoe

Question:

206. Deputy Paul Kehoe asked the Minister for the Environment, Climate and Communications the amount spent across his Department on advertising with regard to Covid-19 by month and by media outlet (details supplied) from 1 March 2020 to 1 March 2021. [13567/21]

View answer

Written answers

My Department has not incurred any expenditure on advertising in relation to Covid-19 during the period in question. The information requested regarding the agencies under the aegis of my Department is an operational matter for each Agency. I will request the relevant bodies to reply directly to the Deputy with the information requested in respect of their organisation

Covid-19 Pandemic

Questions (207, 244)

Darren O'Rourke

Question:

207. Deputy Darren O'Rourke asked the Minister for Transport if consumers who have flights booked during the period of level 5 restrictions, for example, those with postponed flights from 2020, are entitled to a refund if they cannot travel during level 5 restrictions; and if he will make a statement on the matter. [12518/21]

View answer

Darren O'Rourke

Question:

244. Deputy Darren O'Rourke asked the Minister for Transport if he plans to put legislative protections in place for those persons who postponed flights from 2020 into 2021 but still may not be able or want to travel in 2021; and if he will make a statement on the matter. [12907/21]

View answer

Written answers

I propose to take Questions Nos. 207 and 244 together.

Consumer rights for overseas travel are protected under EU law, which of course applies in Ireland. Air passenger rights are protected by Regulation (EC) No. 261/2004, which covers the rights of airlines passengers in instances of flight cancellations. It provides that where a flight is cancelled then the consumer must receive a refund within seven days. The EU Package Travel Directive provides a separate suite of consumer protections for people who make bookings through a licenced travel agent or tour operator. The customers of licenced travel agents and tour operators are entitled to refund within two weeks should they or their holiday provider cancel the booking.

If any individuals are unclear about their rights, the Commission for Aviation Regulation has a dedicated web site for consumers www.flightrights.ie.

Taxi Licences

Questions (208, 209)

Michael Creed

Question:

208. Deputy Michael Creed asked the Minister for Transport if he will clarify the situation regarding taxi licences that have vehicle capacity for wheelchairs; if such licences can be sold; and if he will make a statement on the matter. [12541/21]

View answer

Michael Creed

Question:

209. Deputy Michael Creed asked the Minister for Transport the supports available from his Department to the taxi industry. [12542/21]

View answer

Written answers

I propose to take Questions Nos. 208 and 209 together.

The Deputy may be aware that the Government has introduced a wide-ranging programme of supports with broad eligiblity criteria for individuals and businesses which have been adversely affected by COVID-19. These supports include wage subsidies, rates waivers, restart grants, lending facilities, equity injection, business advisory supports, and the Pandemic Unemployment Payment.

My Department is providing funding to the National Transport Authority to enable it to waive annual vehicle licence renewal fees for 2021. Furthermore, it has increased the funding available to the Electric SPSV (eSPSV) grant scheme from €1 million in 2020 to €15 million in 2021. In recognition of the particular difficulties faced by operators of older vehicles reaching the end of their useful life, the amount payable under the scheme has doubled to €20,000 for those operators who scrap older, high mileage vehicles for new full electric models.

The sale of small public service vehicle licences, as suggested by the Deputy, is prohibited under section 14(1) of the Taxi Regulation Act 2013. There are no plans to adjust this provision at this time, the rationale being that a licence should indicate a person’s suitability to carry out a function and should not have, by association, a monetary value or be tradeable on the open market or redeemable for a value.

Taxi Regulations

Questions (210)

Michael Creed

Question:

210. Deputy Michael Creed asked the Minister for Transport if he will engage with the Taxi Regulator with regard to the requirement to ensure that vehicles for taxi purposes are under a certain age in view of the impact of Covid-19 on the business; and if he will make a statement on the matter. [12543/21]

View answer

Written answers

The regulation of the small public service vehicle (SPSV) sector, including age limits for vehicles, is a matter for the independent regulator, 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.

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

International Bodies

Questions (211)

Catherine Murphy

Question:

211. Deputy Catherine Murphy asked the Minister for Transport if he will provide a schedule of the International Maritime Organisation Conventions and Codes (details supplied) that have yet to be ratified in Ireland; and the stage they are at in the ratification process, that is, in part, yet to commence and be fully ratified. [12557/21]

View answer

Written answers

An international convention is a multi-nation agreement between states that sets out certain standards to be met by signatory nations and according to Bunreacht na hÉireann, international conventions can only become a part of domestic law if the Oireachtas so determines. Therefore, anytime Ireland is required to ratify an international convention, primary legislation is required. In addition, effect can only be given to an international convention as it stands at the time of the enactment of the Act. As a result, primary legislation is required to update the definitions of the various Conventions as they are amended. In practice this would require my Department to enact primary legislation nearly on an annual basis to keep up with the amendments to international conventions in order to provide for the necessary secondary legislation.

The Law Reform Commission (LRC) is aware of the challenges the Department faces when implementing international obligations into domestic legislation. In 2014 the Commission began work on a project which examines the methodology and models of implementing international obligations and the monitoring of and accountability for state obligations and published a report in September 2020 which is available here https://publications.lawreform.ie/Portal/External/en-GB/RecordView/Index/61653

The majority of international conventions which come under the remit of the Department fall under the International Maritime Organization (IMO). The IMO details ratification by States on its website available here https://www.imo.org/en/About/Conventions/Pages/StatusOfConventions.aspx

The table below outlines the status of the conventions relevant to my Department as requested with regard to their ratification. It should be noted that Codes, Guidelines and amendments to Conventions do not require individual ratification and unless an objection is raised they are accepted. However, implementing legislation may be needed to give effect to such Codes, Guidelines and amendments.

Convention/Protocol/Code

In full

In Part

To Commence

Comments

International Convention for the Prevention of Pollution of the Sea by Oil, 1954

X

International Convention for the Prevention of Pollution from Ships, 1973; the 1978 and 1997 Protocols thereto (MARPOL), as amended

X

International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 and the 1996 Protocol thereto, as amended

X

Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area, 1992

Only relevant to Baltic States

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposals, 1989 as amended (1)

Does not come under the remit of the Department of Transport

International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (1)

X

International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (1)

X

Drafting underway on implementing instrument.

Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 (1)

X

Primary Legislation required.

International Code of Safety for Ships Operating in Polar Waters (Polar Code) (1)

Codes do not require separate ratification. This Code is part of the SOLAS and MARPOL Conventions

International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (1)

X

Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973 as amended

X

International Convention on Oil Pollution, Preparedness, Response and Co-operation, 1990

X

Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol)

X

International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC)

X

Since denunciated

Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage of 29 November 1969

X

Since denunciated

Consolidated Text of the International Convention on Civil Liability for Oil Pollution Damage, 1969 as amended by the 1992 Protocol thereto (1992 CLC), as amended

X

International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (1992 Fund Convention) as amended

X

Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (Supplementary Fund Protocol)

X

International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010 (HNS Convention 2010)

X

Primary Legislation required

Basel Protocol on Liability and Compensation for Damage resulting from Transboundary Movements of Hazardous Wastes and their Disposal, 1999

Does not come under the remit of the Department of Transport

International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunkers Convention)

X

International Maritime Security

Code of Conduct Concerning the Repression of Piracy and Armed Robbery Against Ships in the Western Indian Ocean and the Gulf of Aden (Djibouti Code of Conduct)

Not relevant to Ireland - ineligible

Revised Code of Conduct Concerning the Repression of Piracy, Armed Robbery Against Ships, and Illicit Maritime Activity in the Western Indian Ocean and the Gulf of Aden Area

Not relevant to Ireland - ineligible

Code of Conduct Concerning the Repression of Piracy, Armed Robbery against Ships, and Illicit Maritime Activity in West and Central Africa, 2013 (Yaoundé Code of Conduct)

Not relevant to Ireland - ineligible

Code of Practice for the Investigation of Crimes of Piracy and Armed Robbery Against Ships

Not relevant to Ireland - ineligible

Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP)

Not relevant to Ireland - ineligible

International Convention Relating to Stowaways, 1957

Never entered into force internationally

Convention on Facilitation of International Maritime Traffic, 1965, as amended (The FAL Convention)

X

IMO Resolution FAL.13(42) (adopted on 8 June 2018) Revised Guidelines on the Prevention of Access By Stowaways And The Allocation Of Responsibilities To Seek The Successful Resolution Of Stowaway Cases

Guidelines do not require ratification

United Nations Convention against Transnational Organized Crime, 2000

Does not come under the remit of Department of Transport.

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime

Does not come under the remit of Department of Transport.

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

Does not come under the remit of Department of Transport.

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988

Does not come under the remit of Department of Transport.

Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, 2001

Does not come under the remit of Department of Transport.

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 (SUA Convention)

X

Maritime Security Act 2004

Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988

X

Maritime Security Act 2004

2005 Protocol to the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

X

2005 Protocol to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf

X

International Convention for the Suppression of Terrorist Bombings, 1997

Does not come under the remit of Department of Transport.

International Convention for the Suppression of the Financing of Terrorism, 1999

Does not come under the remit of Department of Transport.

International Convention for the Suppression of Acts of Nuclear Terrorism, 2005

Does not come under the remit of Department of Transport.

International Ship and Port Facility Security Code (ISPS Code)

Codes do not require separate ratificaiton. This Code is part of SOLAS and is also covered by EU Regulation 725/2004

Convention on the Code of Conduct for Liner Conferences (Geneva, 1974)

Does not come under the remit of Department of Transport.

United Nations Convention on Contracts for the International Sale of Goods, (Vienna, 1980)

Does not come under the remit of Department of Transport.

United Nations Convention on Conditions for Registration of Ships, (Geneva, 1986)

Not in force internationally

International Convention for the Unification of Certain Rules Relating on Maritime Liens and Mortgages (with protocol of Signature), 1926

X

There are no plans at present to ratify these conventions.

International Convention for the Unification of Certain Rules relating to Maritime Liens and Mortgages, 1967

X

There are no plans at present to ratify these conventions.

International Convention on Maritime Liens and Mortgages, 1993

X

There are no plans at present to ratify these conventions.

International Convention Relating to the Arrest of Sea-Going Ships, 1952

Acceded to in 1990

International Convention on the Arrest of Ships, 1999

Does not come under the remit of Department of Transport.

International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, 1924 (Hague Rules)

X

Ireland is not part Uncitral and no plans to ratify these conventions

Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1968 (Hague-Visby Rules)

X

Ireland is not part Uncitral and no plans to ratify these conventions

United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules)

X

Ireland is not part Uncitral and no plans to ratify these conventions

United Nations Convention on Carriage of Goods (Wholly or Partly) by Sea, 2008 (Rotterdam Rules)

X

Ireland is not part Uncitral and no plans to ratify these conventions

United Nations Convention on International Multimodal Transport of Goods, 1980

X

Ireland is not part Uncitral and no plans to ratify these conventions

Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 (Athens Convention)

X

SI 552/2012 in relation to the Liability of Carriers of passengers by sea implements EU Regulation 392/2009

Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (Athens Convention 2002)

X

SI 552/2012 in relation to the Liability of Carriers of passengers by sea implements EU Regulation 392/2009

Guidelines for the Implementation of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 2002 (IMO Reservation and Guidelines 2006)

While guidelines are not required to be ratified, EU Regulation 392/2009 incorporates and makes binding parts of the IMO Guidelines.

Maritime Labour Convention, 2006 (MLC 2006)

X

C188 - Work in Fishing Convention, 2007 (No. 188)

X

Directive 2017/259 implementing the social partners' agreement for the Work in Fishing Convention has been transposed providing for the majority of the requirements of the Convention. Requires primary legislation for ratification - drafting of general scheme underway.

Convention for the Unification of Certain Rules of Law respecting Assistance and Salvage at Sea, 1910

Over-ridden by the 1989 Convention on Salvage

Protocol of 1967 to amend the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea of 23 September 1910

Over-ridden by the 1989 Convention on Salvage

International Convention on Salvage, 1989

X

Nairobi International Convention on the Removal of Wrecks, 2007 (Nairobi Convention)

X

Primary Legislation required

York-Antwerp Rules

The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability

CMI Guidelines Relating to General Average

The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability

International Convention for the Unification of Certain Rules of Law Relating to Collision between Vessels, 1910

The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability

International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952

The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability

The Draft International Convention for the Unification of Certain Rules Concerning Civil Jurisdiction, Choice of Law, and Recognition and Enforcement of Judgments in Matters of Collision, 1977 (Rio Rules 1977)

The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability

International Convention for the Unification of Certain Rules of Law Relating to Penal Jurisdiction in Matters of Collisions or Other Incidents of Navigation, 1952

The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability

International Convention for the Unification of Certain Rules of Law relating to the Limitation of the Liability of Owners of Sea-Going Ships, 1924

The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability

International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships, 1957 and Protocol of Signature

X

Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC Convention)

X

Protocol of 1996 to Amend the Convention on Limitation of Liability for Maritime Claims of 19 November 1976 (1996 LLMC Protocol)

X

Resolution LEG.5(99) (Adopted On 19 April 2012) on the Adoption of Amendments of the Limitation Amounts in the Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims, 1976

Amendments do not require separate ratification but legisation may be needed to give effect to such amendments

Law Of Maritime Safety

International Convention for the Safety of Life at Sea (SOLAS), 1974

X

Primary legislation is required for any amendments to SOLAS Convention after 2012

International Convention for the Safety of Life at Sea (SOLAS) Protocol, 1978

X

Primary legislation is required for any amendments to SOLAS Convention after 2012

International Convention for the Safety of Life at Sea (SOLAS) Protocol, 1988

X

Primary legislation is required for any amendments to SOLAS Convention after 2012

Consolidated version SOLAS, 2018

Does not require ratification - consolidated text of the Conventions

International Convention on Load Lines, 1966

X

1988 Protocol to the International Convention on Load Lines, 1966

X

Amendments to 1988 Protocol to the International Convention on Load Lines

Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments

International Convention on Tonnage Measurements of Ships, 1969

X

Amendments to the International Convention on Tonnage Measurements of Ships 1969

Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments

Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs)

X

International Convention for Safe Containers (CSC) 1972

X

1993 Amendments to the International Convention for Safe Containers (CSC)

Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments

Amendments to the International Convention for Safe Containers (CSC) 1972 (1)

Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments

Amendments to the International Convention for Safe Containers (CSC) 1972 (2)

Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments

Torremolinos International Convention for the Safety of Fishing Vessels, 1977

X

Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 Relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (1)

X

Requires primary legislation for ratification - drafting of general scheme underway

International Convention on Standards of Training, Certification, and Watchkeeping of Seafarers (STCW) 1978

X

International Convention on Standards of Training, Certification, and Watchkeeping of Seafarers (STCW) 1978, as amended

Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments

International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995

X

Requires primary legislation for ratification - drafting of general scheme underway

International Convention on Maritime Search and Rescue, 1979

X

Amendments to International Convention on Maritime Search and Rescue, 1979 (1)

Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments

Convention on the International Maritime Satellite Organization

Not a member of the organisation or party to the Convention

Safety Codes

Code of Safe Practice for Cargo Stowage and Securing (CSS Code) (1)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

Code of Safe Practice for Cargo Stowage and Securing (CSS Code) (2)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

Code of Safe Practice for Cargo Stowage and Securing (CSS Code) (3)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

International Maritime Solid Bulk Cargoes Code (IMSBC Code)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

International Code for the Safe Carriage of Grain in Bulk (International Grain Code)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

Code of Safe Practice for Ships Carrying Timber Deck Cargoes (TDC Code)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

International Maritime Dangerous Goods Code (IMDG Code)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

International Safety Management Code (ISM Code)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

International Code of Safety for Ships Operating in Polar Waters (Polar Code)

Does not require individual ratification but is either referred to or encompassed into the relevant convention

Principles of Safe Manning

Does not require individual ratification but is either referred to or encompassed into the relevant convention

Procedures for Port State Control, 2017

Does not require individual ratification but is either referred to or encompassed into the relevant convention

Driver Test

Questions (212)

Matt Shanahan

Question:

212. Deputy Matt Shanahan asked the Minister for Transport when he expects the Road Safety Authority, RSA, to be in a position to roll out and make online theory tests available to the general public to deal with the backlog that has developed; his views on whether the cancellation of some of these tests is having a serious knock-on effect and causing great distress to many persons as in the case of a person (details supplied) who wishes to avail of the online testing service; the steps he can take to expedite this process; and if he will make a statement on the matter. [12582/21]

View answer

Written answers

I can assure the Deputy that the Department is very aware of the challenges facing the RSA and its contract provider as they work hard to further manage the backlog in the Driver Theory Testing Service.

At the request of the Department, the RSA is working on a plan to rollout an online driver theory test service. This has been trialled on a pilot basis for those taking a theory test for trucks and buses during the months of December and January. The pilot is now being evaluated. The RSA is fully committed to extending the service to all categories of vehicles, however, I would like to highlight, this expansion of services will take some time. Operational, technical, logistical and contractual issues will have to be addressed prior to roll out of the service and it is expected to be at least end of Quarter Two before the RSA are in a position to offer the service for all test categories.

When the Driver Theory Test (DTT) Service closed in late 2020 due to the latest restrictions, the backlog arising from the first suspension (March to June 2020) had not yet been cleared. This, coupled with the need to significantly reduce normal daily capacity to comply with occupational and public health requirements, led to further delays for those wishing to take the DTT.

The RSA, together with its service provider, have put plans in place to significantly increase capacity within the service when it is allowed to re-open. To cope with the initial four-month suspension, the service increased capacity from an average pre Covid-19 capacity of 15,000 to over 25,000 monthly. A plan is being progressed to increase this capacity up to 50,000 per month when service resumes, to manage the backlog of customers and shorten waiting times.

As you can appreciate, the first priority has to be public safety – we want to provide services, and we know that people are looking for services, but services can only be provided to the limit possible while preserving public health.

As the scheduling of candidates is the statutory responsibility of the Road Safety Authority (RSA) and their contract provider, I have no power to intervene in individual cases.

Covid-19 Pandemic Supports

Questions (213)

Cathal Crowe

Question:

213. Deputy Cathal Crowe asked the Minister for Transport the amount of state aid that has been granted to the Shannon Airport Authority since the beginning of the Covid-19 pandemic. [12587/21]

View answer

Written answers

As the Deputy will be aware, from early in the Covid crisis, the Government put in place a broad range of unprecedented supports to help mitigate the effects of the pandemic on business, including a wage subsidy scheme, grants, low-cost loans, a commercial rates waiver and deferred tax liabilities. Shannon Airport (as part of Shannon Group) has availed of many of these horizontal business supports, many of which have been extended into 2021.

In addition to these economy wide measures, €6.1 million in emergency funding was approved by Government in June 2020 to assist Shannon Airport complete a hold baggage screening project, which had been suspended due to the impacts of Covid. This funding was provided to ensure ongoing compliance with security requirements under EU Regulation 2015/1998.

In addition, in recognition of the very difficult circumstances being faced by airports and taking account of the recommendations of the Taskforce for Aviation Recovery, the Government announced an €80 million funding package specifically for Irish aviation in November 2020, which includes funding for State airports in 2021.

As part of that package, €32.1 million has been allocated to Shannon and Cork Airports under a new Programme for regional State airports. Capital funding requests from Shannon Airport under this Programme are currently being assessed by my Department.

In addition, supplementary support schemes have been developed to help address liquidity issues at our airports as a result of Covid-19. These new schemes were approved by the European Commission on 24 February and have a budget of €26m.

One of these schemes will help to compensate State airports, including Shannon, for damage caused by Covid-19 in 2020. This funding will provide airports with the flexibility to roll out route incentives/charge rebates, in consultation with airlines, with a view to supporting recovery and growth of connectivity when circumstances allow. Shannon Airport will shortly be invited to apply for funding under this new Scheme.

Airport Policy

Questions (214)

Cathal Crowe

Question:

214. Deputy Cathal Crowe asked the Minister for Transport the provisions that have been made to secure additional cargo flights for Shannon Airport. [12588/21]

View answer

Written answers

As the Deputy may be aware, Shanon Airport Authority has statutory responsibility to operate, manage and develop Shannon Airport. Shannon Airport Authority is a subsidiary of Shannon Group which is a commercial State Body.

Accordingly, the matter raised by the Deputy is an operational matter for the Company. I have therefore forwarded your request to Shannon Group for a direct response. If a response is not received within 10 days, please contact my private office.

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

Rail Network

Questions (215)

John McGuinness

Question:

215. Deputy John McGuinness asked the Minister for Transport the full cost of hiring railroad vehicles for each of the past five years; if the same company has fulfilled the contract for each of those years; and if he will make a statement on the matter. [12614/21]

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 an operational matter for Iarnród Éireann and I have forwarded the Deputy's question to the company 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

Covid-19 Pandemic

Questions (216)

Aindrias Moynihan

Question:

216. Deputy Aindrias Moynihan asked the Minister for Transport his plans to address the issue of long wait times for driver test dates to issue due to the Covid-19 pandemic; and if he will make a statement on the matter. [12628/21]

View answer

Written answers

The driving test service is not currently operating as normal due to the impact of Covid-19. Tests are only available, under Level 5 Covid-19 restrictions, to essential workers. This has had a significant impact on waiting times.

RSA driver testers are undertaking driving tests in extraordinarily difficult conditions in the current Covid-19 environment. The driving test is conducted in an enclosed space for a period of over 15 minutes, where physical distancing is not possible.

Given the significant risk to testers when conducting a driving test, Government has deemed that the driver testing service should be available ONLY for essential workers in Level 5 Covid-19 restrictions. The Road Safety Authority offers driving tests to those who can produce evidence that they are an essential worker, in accordance with Government definitions. No exceptions can be made.

My Department is liaising with the RSA on an ongoing basis to help the service meet the growing demand for tests within the current public health situation. An additional 40 driver testers have been authorised along with 36 approved for retention or rehire in 2020. Recruitment has commenced and a panel will be formed. However, hiring of testers requires advertising, selecting candidates and training. Newly hired testers require 7 weeks of training in order to be ready. Training is given by experienced testers, so while new hires are in training the capacity of the service is reduced.

The RSA are also looking at a number of other measures, including whether the number of tests a driver tester can perform each day can be increased. Any decision on this matter will be guided by health protocols.

Until Level 5 Covid-19 restrictions have been eased, no progress can be made on addressing the backlog; however, the Road Safety Authority has plans in place for when the service is allowed to resume for all learner permit holders to be tested at the earliest possible date, and a gradual return of driving test times to their pre-Covid levels.

Covid-19 Pandemic

Questions (217)

Aindrias Moynihan

Question:

217. Deputy Aindrias Moynihan asked the Minister for Transport his plans to address the issue of driver lessons not continuing during the Covid-19 pandemic; and if he will make a statement on the matter. [12629/21]

View answer

Written answers

Announcements made by An Taoiseach on the 23rd of February confirmed that level 5 restrictions are set to continue until the 5th of April, at which point the situation will be reviewed.

As before, Approved Driving Instructors (ADIs) may continue to provide lessons under these restrictions, but only in such circumstances where the learner in question has already been scheduled a test date.

While I very much regret the difficulty this poses to learners who had previously commenced, but not yet completed, the 12 mandatory lessons required to book a test, I must remind the Deputy that this decision has been taken in line with official public health recommendations that everyone in Ireland work to limit the spread of the virus by staying at home in so far as is possible and minimising social contact.

Covid-19 Pandemic

Questions (218)

Eoin Ó Broin

Question:

218. Deputy Eoin Ó Broin asked the Minister for Transport if his attention has been drawn to concerns among residents in Lucan, County Dublin due to the high volume of activity at Weston Airport; the restrictions in place on activity at the airport; and the measures in place to ensure all public health guidelines in relation to international travel are adhered to by those arriving into Ireland through the airport. [12638/21]

View answer

Written answers

At Level 5, the public health risk means that people are asked to stay at home, except for travel for work, education or other essential purposes. The operation of an airport is considered to be an essential service and as such Weston Airport is permitted to stay open to ensure essential activities continue. All public health regulations and guidelines must be strictly adhered to and operational procedures must be in line with HSE Covid procedures.

The Government continues to advise against non-essential international travel and that essential travel is undertaken with due regard to public health safety measures. Public health safety measures concerning international travel apply to all persons arriving in the State and do not differentiate between arrival by small private aircraft or large commercial aircraft.

The relevant Regulations SI 44 and SI 45 which were signed by the Minister for Health are available on the Government website:

https://www.gov.ie/en/collection/1f150-view-statutory-instruments-related-to-the-covid-19-pandemic/

The Department of Justice has advised that its Border Management Unit (BMU) recently contacted Weston Airport management reminding them of their obligations in relation to incoming flights from outside the State. This includes forwarding all relevant documentation (such as PLF and negative COVID 19 test results for all applicable arrivals) to Immigration Officers prior to the flight’s arrival. The BMU liaises with Weston Airport and other stakeholders such as An Garda Síochána regarding incoming flights on an ongoing basis.

National Car Test

Questions (219)

Catherine Murphy

Question:

219. Deputy Catherine Murphy asked the Minister for Transport the threshold for failure and the degree to which failure is classed in the context of rear brake light inspection of cars in national car tests, NCT; and if two working brake lights on either side of the car is sufficient on car models in which a third brake light has been installed by the manufacturer on the rear window screen. [12692/21]

View answer

Written answers

The operation of the National Car Test (NCT) service is the statutory responsibility of the Road Safety Authority. I have therefore referred the 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

Penalty Points System

Questions (220)

Darren O'Rourke

Question:

220. Deputy Darren O'Rourke asked the Minister for Transport the number of penalty points issued by age and gender in 2020 and to date in 2021. [12720/21]

View answer

Written answers

The details requested are provided in the two tabular tables below. The data provided for 2021 covers the period from January and February only. The number of penalty points issued for 2020 and 2021 is based on the driver records endorsed on the National Vehicle and Driver File with total number of penalty points issued.

Table 1: Number of Drivers broken down by Gender and number of penalty points issued in 2020.

Table 1

Table 2: Number of Drivers broken down by Gender and number of penalty points issued in 2021 (January and February).

Table 2

Note:No Gender or Age Recorded* refers to drivers who have a foreign driving licence with an Irish address and non-resident drivers who pay on the spot penalty fines - these drivers do not have an Irish driving licence record on the NVDF and there is no details on gender or age available for these records.

Road Projects

Questions (221)

Darren O'Rourke

Question:

221. Deputy Darren O'Rourke asked the Minister for Transport when constructions work on the Athy southern distributor road will commence. [12721/21]

View answer

Written answers

The improvement and maintenance of regional and local roads is the statutory responsibility of the relevant local authority in accordance with the provisions of Section 13 of the Roads Act 1993. State grants, where applicable, are intended to supplement the funding allocated to the maintenance and improvement of roads by local authorities from their own resources.

The National Development Plan (NDP) does provide for the gradual build up in funding for the road network but funding is not yet at the level needed for the adequate maintenance and renewal of regional and local roads. For this reason the primary focus for capital investment continues to be the maintenance and renewal of the network with some limited investment in road improvement schemes. In this context 12 regional and local road improvement projects were identified for development, subject to necessary approvals, in the NDP and the construction of a Distributor Road to the south of Athy connecting to the N78 is one of those schemes. Implementation of the programme of projects is on a phased basis and progression of each project is subject to the profile of annual capital allocations available to the Department.

Under the Public Spending Code and the terms and conditions applying to regional and local road grants, capital projects are subject to review and approval at a number of stages. In this context, my Department recently approved this project to proceed to tender for the main construction contract.

Public Transport

Questions (222)

Darren O'Rourke

Question:

222. Deputy Darren O'Rourke asked the Minister for Transport the number of child fares or equivalent fare types sold in 2019 and 2020 by the main public transport providers. [12722/21]

View answer

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 responsibility for the regulation of fares and for the collection and publication of statistics in relation to public passenger transport services. 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

Cycling Facilities

Questions (223)

Eoghan Murphy

Question:

223. Deputy Eoghan Murphy asked the Minister for Transport the implications of the approval of planning permission for a cycleway on the Malahide estuary in terms of the new possibilities this opens up for the Sandymount cycle route; and if he has discussed same with the city manager. [12744/21]

View answer

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 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.

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

Bus Services

Questions (224)

Eoghan Murphy

Question:

224. Deputy Eoghan Murphy asked the Minister for Transport the adjustments that have been made to the BusConnects plan in view of the likelihood of a significant number of persons working from home in the future. [12745/21]

View answer

Written answers

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

At a policy level I firmly believe that high-quality public transport will still be necessary as we recover from the longer term effects of the current pandemic, notwithstanding the changes it may bring about to certain aspects of our behaviour, such as the traditional commute.

Obviously, issues in relation to potentially changed commuting demand will need to be reflected in the development of Preliminary Business Cases for transport projects in the future but I would note that the Central Statistics Office’s National Travel Survey shows us that commuting accounts for less than 25% of all trips. Projects that can facilitate high-density residential development, support localised travel, and/or provide connectivity to citizens wishing to undertake a wide range of daily activities will continue to have a place in our investment programme in my opinion.

In relation to the specific impacts on BusConnects, the National Transport Authority (NTA) has statutory responsibility for the planning and development of public transport infrastructure, including BusConnects Dublin.

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.

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

Rail Network

Questions (225, 226)

Duncan Smith

Question:

225. Deputy Duncan Smith asked the Minister for Transport if the preliminary business case for the MetroLink project has been submitted to Government; when he expects it to be published; and if he will make a statement on the matter. [12751/21]

View answer

Duncan Smith

Question:

226. Deputy Duncan Smith asked the Minister for Transport when the railway order application for the MetroLink project is proposed to be submitted to An Bord Pleanála; and if he will make a statement on the matter. [12752/21]

View answer

Written answers

I propose to take Questions Nos. 225 and 226 together.

As the Deputy is likely aware, the Public Spending Code sets out the requirements for the evaluation, planning and management of public investment projects in Ireland and the Code applies to all public bodies and to all bodies whose projects are supported by Exchequer capital funding.

The Code sets out a number of Decision Gates in the development of a project proposal; these are points where major decisions need to be made about the progress of a project and, for projects expected to cost over €100million, Government approval is required at these stages. For a project in this category, "Decision Gate 1: Preliminary Business Case" is the first stage where the Public Spending Code stipulates that formal Government approval is required.

In accordance with the Public Spending Code's requirements, prior to seeking Government approval the Preliminary Business Case must first be approved by the Approving Authority, in this case the National Transport Authority, and is then subject to review by both my Department and the Department for Public Expenditure and Reform. Following completion of these necessary steps I will then bring the matter to Government for its decision.

Approval under “Decision Gate 1: Preliminary Business Case” is required prior to any application to An Bord Pleanála for a Railway Order and therefore that will be dependent upon Government’s decision in respect of the Preliminary Business Case.

Transport Infrastructure Provision

Questions (227)

Duncan Smith

Question:

227. Deputy Duncan Smith asked the Minister for Transport the status of the policy on greyways; if segregation will be a key component and or minimum standard of any such development; if he plans to engage with cycling advocacy groups when developing policy; the pilot schemes that have been identified; and if he will make a statement on the matter. [12753/21]

View answer

Written answers

In relation to hard shoulders on wide single carriageway roads and the possible provision of cycle lanes (sometimes referred to as greyways), the engineering inspectorate within the regional and local roads division of my Department is giving consideration to the treatment of these hard shoulders and preparing suitable guidance for local authorities.

There are a number of ways in which cycle lanes could be provided but it is important that any such provision take account of traffic speeds, the degree of segregation required, the most suitable way of providing segregation (where required) and short and long term maintenance requirements.

In addition, this guidance will be developed in the context of international best practice, further development of the national cycle manual by NTA and developments of national roads standards by TII and relevant consultation.

Transport Infrastructure Provision

Questions (228)

Duncan Smith

Question:

228. Deputy Duncan Smith asked the Minister for Transport the position of his Department on quietways and the roll-out of same across the country; and if he will make a statement on the matter. [12754/21]

View answer

Written answers

The improvement and maintenance of public regional and local roads 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 grants. The initial selection and prioritisation of works to be funded is also a matter for the local authority.

My Department is currently giving consideration to the scope for repurposing certain tertiary roads as "quiet lanes" suitable for use as cycle routes. In the context of examining updates to the Traffic Signs Manual, consideration will be given to designing a new sign to delineate such routes and to developing an associated Advice Note for local authorities.

If such a policy is adopted following consideration, a pilot programme will be considered for implementation in 2022.

Covid-19 Pandemic Supports

Questions (229, 263)

Róisín Shortall

Question:

229. Deputy Róisín Shortall asked the Minister for Transport if he will put additional financial supports in place for the aviation sector in the wake of Covid-19 given recent announcements by airlines of further job losses; and if he will make a statement on the matter. [12784/21]

View answer

Catherine Connolly

Question:

263. Deputy Catherine Connolly asked the Minister for Transport his plans to introduce an income support scheme for workers in the aviation industry along the lines of the scheme introduced in Germany which enables employers to reduce hours rather than laying off staff and provides up to 60% income replacement for the time employees cannot work; the analysis his Department has carried out into the cost of same; and if he will make a statement on the matter. [13553/21]

View answer

Written answers

I propose to take Questions Nos. 229 and 263 together.

The Government has put in place a range of supports for businesses, including those in the aviation sector. The supports include the wage subsidy scheme, alleviation of commercial rates, deferral of tax liabilities, the COVID Restrictions Support Scheme, the Credit Guarantee Scheme, and the SBCI Working Capital Scheme.

As regards supports specifically targeted at the protection of employment, the Employment Wage Subsidy Schemes (EWSS) has been a key component of the Government's response to the COVID-19 crisis to support viable firms and encourage employment amid these very challenging times and has been extended to the end of June 2021

In November, the Government also agreed a revised €80 million funding package specifically for Irish aviation in recognition of the very difficult circumstances facing the sector. The European Commission has approved, under EU State aid rules, a €26 million Irish aid scheme to compensate airport operators for the losses caused by the coronavirus outbreak and the travel restrictions imposed by Ireland to limit the spread of the coronavirus. The aid consists of three measures: a damage compensation measure; an aid measure to support the airport operators up to a maximum of €1.8 million per beneficiary; and an aid measure to support the uncovered fixed costs of these companies. The aid will take the form of direct grants.

Any additional supports designed to facilitate growth of air traffic can only be progressed at the appropriate time, taking account of the outlook for the easing of travel restrictions and improving wider epidemiological conditions.

I will continue to monitor the financial impact of COVID-19 on the Irish aviation sector on an ongoing basis in consultation with relevant Government Ministers and all key stakeholders.

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