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Wednesday, 21 Apr 2021

Written Answers Nos. 442-460

Aviation Industry

Questions (442)

Mary Butler

Question:

442. Deputy Mary Butler asked the Minister for Transport if he will address the queries raised in correspondence from a person (details supplied) in relation to their intention in taking a holiday abroad in 2020 and subsequent attempts to secure a refund from the airline; and if he will make a statement on the matter. [20554/21]

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Written answers

Air passenger rights are protected by Regulation (EC) No. 261/2004, which covers the rights of passengers in instances of flight cancellations. Under the Regulation, if an airline cancels a flight then customers are entitled to a full cash refund within 7 days.

I have raised the matter of customer refunds with our main airlines, over the past number of months, both in person and in writing, and it is understood that the backlogs have been prioritised and that most refunds have now been processed. However, difficulties in receiving refunds have been reported in cases where flight bookings were made through third-parties, as in this case.

I would encourage anyone who having already corresponded with the airline continues to have difficulties securing a refund to contact the Commission for Aviation Regulation, the statutory body in Ireland with responsibility for enforcing airline refund obligations. Further advice, including information on how you might submit a formal complaint to the CAR is available on its dedicated passenger rights website www.flightrights.ie.

Question No. 443 answered with Question No. 345.

Covid-19 Pandemic

Questions (444)

Catherine Connolly

Question:

444. Deputy Catherine Connolly asked the Minister for Transport further to Parliamentary Question No. 59 of 18 February 2021, if his attention has been drawn to a bulletin (details supplied) which recommends the use of natural ventilation in trains during both train stops and train travel to further reduce the spread of Covid-19; the analysis his Department has carried out or commissioned to ascertain the adequacy of the natural, forced and air circulation ventilation systems on Iarnród Éireann trains, particularly in trains in which the windows cannot be opened; and if he will make a statement on the matter. [20578/21]

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Written answers

Continued operation of the public transport sector is important and public transport has been designated among the essential services that have carried on during the COVID-19 crisis.

A number of measures have been introduced across the system, guided by public health advice, to ensure the continued operation of services safely during the pandemic, including enhanced cleaning regimes and social-distancing measures across the network.

The Government is committed to ensuring that essential transport services, and passengers utilising these services, are protected and supported. The National Transport Authority (NTA) continues to be guided by public health advice regarding safety measures across the public transport system and is working closely with transport operators, including Iarnród Éireann, with regard to the implementation of specific measures.

I have therefore forwarded the Deputy's question to the NTA for direct reply in conjunction with Iarnród Éireann. 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 (445)

Jennifer Whitmore

Question:

445. Deputy Jennifer Whitmore asked the Minister for Transport if he will consider increasing the 25% cap on public transport capacity in line with the recent easing of Covid restrictions and the full reopening of schools; and if he will make a statement on the matter. [20687/21]

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Written answers

Continued operation of the public transport sector is important, and public transport has been designated among the essential services that have carried on during the Covid crisis.

An Taoiseach announced on 31st March last, that due to our collective success in reducing case numbers, some Level 5 restrictions would be lifted from April 12th. The Government's "Living with Covid" Plan sets out capacity guidance for public transport at each of the 5 risk levels identified in the Plan. With the current Level 5 restrictions, public transport operators are still restricted to using only 25% of the passenger-carrying capacity on their vehicles. Importantly, the Plan's Level 5 guidance on working from home where possible and on the closure of social, leisure and other facilities has significantly reduced the demand for public transport. There is continued strong messaging that public transport capacity remains restricted and, therefore, should only be used for essential travel, with only those who have to travel at peak times doing so.

Since the move to level 5, the National Transport Authority (NTA) and PSO bus operators in Dublin (Dublin Bus and Go-Ahead Ireland), have re-allocated a number of vehicles and drivers across the network to enhance the capacity in areas where they were experiencing capacity issues. People are also being encouraged to walk or cycle where practical. The advice is aimed at ensuring public transport is safeguarded for those who need it most but, in particular, frontline workers and schoolchildren.

The NTA and my Department are closely monitoring public transport demand and will continue to be guided by public health advice. The NTA and operators are continuing to monitor passenger loadings and, where necessary, additional services will be provided on certain routes at relevant times of the day subject to driver availability.

Question No. 446 answered with Question No. 430.

Appointments to State Boards

Questions (447)

John McGuinness

Question:

447. Deputy John McGuinness asked the Minister for Transport the efforts his Department is making to achieve gender balance on all State boards and agencies under the remit of his Department; if he will set out the changes achieved to date on each; if 50% of the membership of all boards, policy groups or agencies that provide advice to Government on matters of policy will be reserved for appropriately qualified individuals from the private sector in order to achieve a balance between the public and private sectors; and if he will make a statement on the matter. [20736/21]

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Written answers

My Department fully supports the requirements outlined in the Annex to the Code of Practice for the Governance of State Bodies 2016 on Gender Balance, Diversity and Inclusion published in September 2020. For all board appointments to agencies under the remit of my Department, completed through the PAS process, the current gender composition of a Board is highlighted when making an appointment/re-appointment. As part of the process my Department actively engages with Chairs to promote better gender balance on State Boards, including discussing gender balance and skills mix.

Where boards are predominantly male, a greater emphasis is put on attracting female candidates. Agencies under my Department's remit are aware of the Gender Balance requirement and proactively promote awareness through websites, social media and advertising campaigns. I am a strong advocate of diversity on State Boards and actively encourage diversity of all types at recruitment stage. My Department monitors its progress on gender balance in the yearly returns required under the Annex. For agencies under my Department’s remit the current gender balance is 66% male and 34% female.

The system for State Boards appointments is operated by the Public Appointments Service (PAS) and applies to all State Boards both commercial and non-commercial. Since 2014, all vacancies/positions on State boards are advertised openly on the State Boards portal www.stateboards.ie and thereby available to appropriately qualified individuals from all sectors including private and public sector.

Information relating to board appointments for agencies under my Department's remit is available here on stateboards.ie and here on my Department’s website.

Search and Rescue Service Provision

Questions (448)

Darren O'Rourke

Question:

448. Deputy Darren O'Rourke asked the Minister for Transport the estimated final cost of the current search and rescue helicopter contract; the proposed value of the new search and rescue helicopter contract; and if he will make a statement on the matter. [20776/21]

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Written answers

Following a competitive tender process, a contract agreement for search and rescue helicopters was signed between the then Minister for Transport and CHC Ireland DAC. ?The contract commenced on 1st July 2012 for a period of 10 years, with an option to extend for up to a further 3 years.

The annual cost of the contract is €57m approximately but this can vary from one year to the next. This figure includes overheads - running the bases, paying the staff, maintenance of the helicopters, fuel, etc. There is no budget allocation set for the new contract as this would be premature. This can only be determined through the Public Spending Code process, which includes a detailed business case which will go to Government in due course. Based on that and the outcome of the tendering process, a budget requirement will be determined.

The current status of the procurement process can be referenced in the Published eTenders update on eTenders and our SAR Webpage

Search and Rescue Service Provision

Questions (449, 451, 452, 453)

Darren O'Rourke

Question:

449. Deputy Darren O'Rourke asked the Minister for Transport when the new search and rescue helicopter contract will be put out to tender; and if he will make a statement on the matter. [20777/21]

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Darren O'Rourke

Question:

451. Deputy Darren O'Rourke asked the Minister for Transport if the new search and rescue helicopter contract will consider a mixed approach to service delivery; and if he will make a statement on the matter. [20779/21]

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Darren O'Rourke

Question:

452. Deputy Darren O'Rourke asked the Minister for Transport if he has received a submission from the Air Corps in relation to providing services for the search and rescue helicopter contract; if this has been considered; and if he will make a statement on the matter. [20780/21]

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Darren O'Rourke

Question:

453. Deputy Darren O'Rourke asked the Minister for Transport the number of times the search and rescue aviation steering group that have met since its inception; the number of members of the steering group; the Department or agency which they represent; and if he will make a statement on the matter. [20781/21]

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Written answers

I propose to take Questions Nos. 449 and 451 to 453, inclusive, together.

In November 2019 the Department of Transport commenced a process to prepare for the next iteration of the Coast Guard Aviation service. This is an on-going deliberative process which will ultimately lead to a Government decision. The current status of the procurement process can be referenced in the Published eTenders update on eTenders and our SAR Webpage

As a first step in the Public Spending Code process, a Strategic Assessment and Preliminary Appraisal was prepared by the Department’s Strategic Research and Analysis Division in close consultation with the Steering Group and in line with so-called “Gate 0” of the Public Spending Code. Having been agreed by the Steering Group, this went to Government for information in July.

This appraisal included a strategic assessment which also included an appraisal of various service delivery options.

A Steering Group chaired by the Director of the Irish Coast Guard was established in 2019 to manage this process with a view to ensuring the next service meets domestic and international obligations for search and rescue and represents value for money for the State. The Steering Group comprises Irish Coast Guard/Department of Transport staff and relevant key stakeholders and appropriate necessary expertise. All members of the Steering Group are required to sign a Conflict of Interest declaration and agree the terms of a Communications Protocol.

The members of the Steering Group include representatives nominated from the following: Department of Health/HSE, Department of Justice/An Garda Siochána, Department of Public Expenditure and Reform and Irish Aviation Authority. Aviation Expertise and a Financial & Economic Consultant are also available. A Procurement Advisor (Process Auditor) was appointed in early 2020 to independently observe the procurement process to ensure that the procurement principles and rules are met at every stage of the process. Department of Defence/Aer Corps were previous members but have since been recused since submitting a proposal in February 2020 for an element of the SAR Aviation Service .

Since its inception the Steering Group have met on four occasions; November 2019, February 2020, June 2020 and October 2020 with a further meeting due in Q2, 2021.

It is our intent to publish Tender documents later in 2021.

Search and Rescue Service Provision

Questions (450)

Darren O'Rourke

Question:

450. Deputy Darren O'Rourke asked the Minister for Transport if a review has been undertaken to date to assess the value for money of the existing search and rescue helicopter contract; if the conclusions of this review will be published; and if he will make a statement on the matter. [20778/21]

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Written answers

A mid-term assessment of the CHCI IRCG contract was conducted in 2018 which covered a variety of performance and costing issues relating to the contract and it also included the identification of issues and lessons to be taken into consideration in relation to a successor service. The assessment was conducted by Aerossurance Ltd, who were appointed by my Department in 2017, following an open procurement process, as aviation consultants for the Coast Guard. The review is not publicly available as it contains commercially sensitive information and forms part of a wider deliberative process for the procurement of the new SAR Aviation service currently underway.

Questions Nos. 451 to 453, inclusive, answered with Question No. 449.
Question No. 454 answered with Question No. 430.

Driver Licences

Questions (455)

Pearse Doherty

Question:

455. Deputy Pearse Doherty asked the Minister for Transport the reason a trailer licence category was removed from a driver licence in the case of a person; if it will be reinstated for a person (details supplied); and if he will make a statement on the matter. [20806/21]

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Written answers

All enquires relating to driver licensing are handled by the National Driver Licence Service (NDLS), the provision of which I have delegated to the Road Safety Authority (RSA) under the relevant legislation. My Department does not have access to individual applications. I have forwarded the Deputy's query to the RSA for direct reply. If he has not heard from them in 10 working days I would ask that he contact my office directly.

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

Driver Test

Questions (456)

Pearse Doherty

Question:

456. Deputy Pearse Doherty asked the Minister for Transport if a driver test will be expedited for a person (details supplied); and if he will make a statement on the matter. [20807/21]

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Written answers

Under Covid19 Level 5 Government restrictions, candidates can attend their driving test appointment provided they are an essential worker involved in the provision of essential services or essential retail outlets. Details on what is included in the list of essential workers and retail outlets can be found at www.gov.ie.

The Road Safety Authority offers driving tests to those who can produce evidence that they are an essential worker, in accordance with Government definitions. A job offer is not included in this definition. No exceptions can be made.

I fully appreciate the difficulties that this poses for certain learners. I must emphasise, however, 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 contacts.

Officials both in my Department and in the Road Safety Authority are working extremely hard to ensure that driver testing can return to normal capacity as soon as it is safe to do so.

Question No. 457 answered with Question No. 345.

Driver Licences

Questions (458)

Pearse Doherty

Question:

458. Deputy Pearse Doherty asked the Minister for Transport when an exchange transport manager CPC IRL-EU certificate will issue for a person (details supplied).; and if he will make a statement on the matter. [20809/21]

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Written answers

As the Deputy may be aware, the Department last year wrote to Transport Managers, working for Irish road transport operators and holding a Certificate of Professional Competence (CPC) issued by the UK authorities, to inform them that, following clarification received by the Department from the European Commission, holders of such UK-issued CPCs could obtain a corresponding Irish certificate by applying to the Chartered Institute of Logistics and Transport (CILT) before the end of the Brexit transition period on 31 December 2020. The letters noted that, as had been outlined previously, UK-issued Transport Management CPCs would no longer be valid to work as Transport Manager for an Irish (or other EU) road transport operator from 1 January of this year.

I can confirm that in respect of the details supplied, this person is being issued with a corresponding Irish certificate as he applied for such before the end of last year. The Department is writing to the person concerned to clarify this matter.

Vehicle Registration Tax

Questions (459)

Róisín Shortall

Question:

459. Deputy Róisín Shortall asked the Minister for Finance the steps being taken to address the proliferation of illegal vehicle registration plates on motor cars; the number of successful prosecutions secured for failure to comply with vehicle registration plate regulations in each of the past ten years to date in tabular form; and if he will make a statement on the matter. [19575/21]

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Written answers

I am informed by Revenue that Statutory Instrument (S.I.) No. 318 of 1992, Vehicle Registration and Taxation Regulations (as amended by S.I. No. 542 of 2012) prescribes the format, lettering, dimensions and technical specifications of registration plates to be displayed on vehicles in the State. It is an offence to display the wrong registration number on a vehicle or to display the registration number in the incorrect format and a person convicted of such an offence is liable to a fine of up to €5,000. Revenue officers and members of An Garda Síochána have powers to stop vehicles to check compliance with registration plate requirements and other VRT matters.

There have been no prosecutions initiated by Revenue for failure to comply with the vehicle registration plate regulations in the past ten years. I am informed by Revenue that the priority activities on checkpoints are the management of risks in relation to excise duties including evasion of Vehicle Registration Tax and misuse of marked mineral oil. I am further informed by Revenue that the National Car Test (NCT) includes checks on the security, location, format, legibility, visibility, and colour of a vehicle’s registration plates.

Non-compliance with any prescribed vehicle registration plate requirement is recorded as a “major defect” under the NCT and a vehicle displaying non-compliant registration plates will fail the test.

While the format of the number plate is regulated, there are no controls or regulations in relation to the manufacture of such plates. This is a matter that has been considered by Revenue, but it is considered that such controls would not be effective given the simplicity and widespread availability of the technology for manufacturing number plates.

I am satisfied that the measures in place provide an appropriate deterrent to non-compliance with the regulations on registration plates.

Tax Code

Questions (460, 522)

Matt Carthy

Question:

460. Deputy Matt Carthy asked the Minister for Finance the engagement with the Minister for Finance with regard to the issue of the definition of independent agricultural contractors regarding section 664A of the Taxes Consolidation Act 1997; if he has requested the Minister for Finance to seek to resolve the situation in a manner which would allow farm contractors to avail of the same tax framework; and if he will make a statement on the matter. [20276/21]

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Matt Carthy

Question:

522. Deputy Matt Carthy asked the Minister for Finance further to Parliamentary Question No. 60 of 31 March 2021, the status of work on the issue of the definition of independent agricultural contractors regarding section 664A of the Taxes Consolidation Act 1997; and if he will make a statement on the matter. [20082/21]

View answer

Written answers

I propose to take Questions Nos. 460 and 522 together.

Those who incur expenses in relation to farm diesel in the course of their trade of agricultural contracting may claim an income tax or corporation tax deduction for these expenses, including any carbon tax charged in respect of the diesel.

An additional tax measure for farmers was introduced in Budget 2012 to compensate for carbon tax increases at the time. The statutory basis for this tax relief is section 664A of the Taxes Consolidation Act 1997. It is available to individuals and companies that carry on a trade of farming and are entitled to claim an income tax or corporation tax deduction in respect of farm diesel. I have received requests from representatives of the agricultural contractors to extend the relief to them.

As I stated during the Committee Stage of Finance Bill 2019, agricultural contractors are not entitled to this relief as they are not carrying on a trade of farming. This is because farming, which is defined in section 654 of the Taxes Consolidation Act 1997, requires that the occupation of farmland and agricultural contracting does not involve the occupation of farmland. The measure is specifically targeted at the farming sector to address the particular problems faced by family farms.

My officials met with agricultural contractor representatives in December 2019 and advised that my Department was intending to schedule a review of the scheme (and related aspects) in the context of a wider report on agri-tax reliefs and the Climate Action Plan approved by Government in June 2019. The onset of the Covid-19 pandemic in the intervening period has influenced the timing of such a review which has yet to take place.

While I appreciate the difficulties facing many sectors as a result of increases to the carbon tax, I must be mindful of the public finances and the many demands on the Exchequer, as well as the need to progress the Programme for Government commitments on the environment. The introduction of new tax reliefs - or indeed the extension of existing targeted reliefs - reduces the tax base and makes general reform of the tax system that much more difficult.

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