Written Answers Nos. 175-195
175. Deputy Sean Sherlock asked the Minister for the Environment, Climate and Communications the timeline for the transposition into Irish law of Article 8 of the Broadband Cost Reduction Directive and the implementation of technical guidance or standards to support same; and if he will make a statement on the matter. [3860/23]
View answerDraft Regulations to effect transposition of Article 8 of the Broadband Cost Reduction Directive along with the associated Technical Guidance Document are at an advanced stage of development. My Department continues to engage with the Department of Housing, Local Government and Heritage on the necessary measures to transpose this outstanding provision, in order that they can be finalised as a matter of urgency. I am advised the expected timeline for public consultation on the Regulations to be made by the Minister for Housing, Local Government and Heritage is Q1 2023 with implementation of these by Q2 2023.
176. Deputy Cian O'Callaghan asked the Minister for the Environment, Climate and Communications the status of the ongoing ESB utilities delays for new builds; when these delays are expected to be addressed; and if he will make a statement on the matter. [3756/23]
View answerResponsibility for the regulation of the electricity market is a matter for the Commission for Regulation of Utilities (CRU) which is an independent regulator, accountable to a committee of the Oireachtas and not the Minister. The CRU was assigned responsibility for the regulation of the Irish electricity sector following the enactment of the Electricity Regulation Act, 1999 and subsequent legislation.
The management of connection of domestic new builds to the electricity grid is a matter for ESB Networks, under rules determined by the Commission for Regulation of Utilities (CRU). ESB Networks are independent of the Minister in the exercise of their functions.
The CRU and ESB Networks have respective contact email address for Deputies, of which they are aware, should they wish to raise matters of concern such as that raised in the question. In this instance, my Department has forwarded the query raised in the question to the ESB for their attention and direct reply to the Deputy.
177. Deputy Sean Sherlock asked the Minister for the Environment, Climate and Communications the timeline for when a universal service obligation scheme will be introduced in respect of the provision of high speed, next-generation broadband; the form this scheme will take; how this scheme will be funded; if all applicable broadband operators will be eligible and or required to participate; and if he will make a statement on the matter. [3858/23]
View answerThe European Electronic Communications Code (“the Code”) requires Member States to ensure the availability of an adequate broadband internet access service at an affordable price. These provisions will be transposed in the European Union (Electronic Communications Code) Regulations 2022, which were signed in September 2022 and will commence in tandem with the Communications Regulation Bill, which is currently progressing through the Houses of the Oireachtas.
Work on planning for the implementation of these Regulations, as they pertain to the universal service obligations, has recently commenced, however at this juncture, it would be premature to provide information on definitive timelines for the roll out of the universal service obligations in the state.
The Code requires that when designating an undertaking to provide a universal service, the procedure must be effective, objective, transparent and non-discriminatory and that no undertaking is a priori excluded from being designated. ComReg will be responsible for designating undertakings to provide a universal service for adequate broadband internet access service.
Should ComReg determine that the provision of the universal service by a designated undertaking represents an unfair burden, compensation may be sought by the designated undertaking. This can be paid for using public funds, through the imposition of a sharing mechanism whereby the providers of electronic communications networks and services contribute to the cost of the universal service or through a combination of these options.
178. Deputy Sean Sherlock asked the Minister for the Environment, Climate and Communications the total number of premises which currently have broadband download speeds of between 30 Mbps to 100 Mbps and which are outside the National Broadband Plan intervention area, and in circumstances where commercial operators have indicated they do not intend to roll-out to some or all of these areas or individual premises; if his Department has a plan to ensure that these premises can access a minimum of 100 Mbps; if so, the form such a plan will take; the timelines for execution; and if he will make a statement on the matter. [3859/23]
View answerThe latest Quarterly Key Data Report (QKDR) for Q3 2022 was published by ComReg on 8 December 2022 and reported that there are 1.6 million fixed broadband subscriptions in Ireland. 88.6% of all fixed broadband subscriber lines had been sold speeds which were equal to or greater than 30Mbps.
In December 2022 my Department published Ireland's Digital Connectivity Strategy which supports the ambition outlined in the National Digital Strategy and sets out a number of ambitious targets, including that:
- all Irish households and businesses will be covered by a Gigabit network no later than 2028;
- all populated areas will be covered by 5G no later than 2030, and
- digital connectivity will be delivered to all schools and broadband connection points by 2023.
Through commercial investment, complemented by the State through the National Broadband Plan all premises will have access to high-speed broadband in every part of the country no matter how remote. The Government remains committed to the roll out the National Broadband Plan and is ensuring an agile and responsive approach to the delivery of this key large scale project with €2.7 billion committed to the Plan in what is a constantly evolving environment.
Since contract award over 20,000 additional premises have been added to the Intervention Area, 85% of which are new builds (AMBER premises) and approximately 15% are premises that will not in fact be served by commercial operators and which have now been reclassified. The contract caters for the inclusion of new buildings over the life of the programme. Since the contract was signed, the Intervention Area has increased to over 566k premises and continues to grow each quarter, primarily to ensure the inclusion of new build premises.
179. Deputy Richard Bruton asked the Minister for the Environment, Climate and Communications if he will consider establishing a pilot project to test the approach of having sustainability coaches in local communities (details supplied). [3874/23]
View answerThe Programme for Government, Our Shared Future, and the Waste Action Plan 2020-2025, A Waste Action Plan for a Circular Economy (September 2020) committed to a range of actions to support Ireland’s transition to a circular economy. This included the adoption of a high-level whole-of-government Circular Economy Strategy.
The Circular Economy Strategy (December 2021) provides a national policy framework for Ireland’s transition to a circular economy. The Strategy sets out an overall approach to circular economy policy, identifies key objectives and indicates the direction of future policy development. It is intended to publish the second Circular Economy Strategy by end-2023, and the approach of having sustainability coaches in local communities will be considered in that context.
In 2022 my Department allocated €3.5 million to Local Authorities to support the development and implementation of Local Authority Climate Action Plans (LA CAPs). This funding will allow Local Authorities to recruit Climate Action Coordinators and Climate Action Officers, whose role will be to enable and embed a new culture of ambitious climate action across functional areas such has housing, roads and planning.
The specialist resources will contribute the expertise, analysis, guidance and core focus that climate action urgently needs; leveraging the integrated resources of the 31 local authorities, the voices of 949 elected members, the capacity of 28,000 local authority staff, and the reach and impact that local government can uniquely deliver, across Ireland.
To date 27 climate action coordinators/officers are in place - recruitment campaigns are ongoing.
Under strand 2 of the Climate Action Fund Community Climate Action Programme, the “Climate Coaches for a Just Transition and Resilient Communities”, a project from Sustainable Ireland Cooperative Society Ltd, is being funded. It aims create a “Community of Practice” to co-develop a tailored training programme for local Climate Coaches and a toolkit to catalyse, scale and accelerate climate action and a just transition through sustainable community-led local development. This is a project in partnership with the North & South Tipperary Development Company, and Tipperary and Waterford Public Participation
180. Deputy Rose Conway-Walsh asked the Minister for Transport if his attention has been drawn to the challenges Ukrainian refugees are experiencing in accessing car insurance due to the non-recognition of previous driving experience and claims history; the steps he is taking to ensure equitable access to car insurance; and if he will make a statement on the matter. [3827/23]
View answerVehicles originating from Ukraine and entering Ireland are required to have a minimum of motor third party liability insurance (MTPL).
Ukrainian refugees who remain in Ireland on a temporary basis can ensure their vehicles are insured in a number of ways.
A Ukrainian insurer, or the Ukrainian Motor Insurance Bureau can issue an International Motor Insurance Card, commonly referred to as a Green Card, to the driver/owner. The Green Card is an international certificate of insurance providing visiting motorists with proof of the minimum compulsory insurance cover required by Irish law. The Motor Insurance Bureau of Ukraine (UA) has prepared a list of Ukrainian Insurance Providers that allows Ukrainian refugees to renew their insurance policies online and to request a Green Card.
Alternatively, the driver/owner of the vehicle can purchase a frontier insurance policy at the point of entry to the EU. This frontier policy will provide the required level of insurance to drive the vehicle within the Green Card System for the period that the frontier policy is valid for, i.e., from 15-30 days, up to a maximum of one year.
However, it is important to note that once permanent residence has been established, Ukrainian refugees in Ireland are required to register their vehicles and purchase MTPL insurance from an Irish insurer. The terms applied to these policies is a commercial matter for the individual insurers to decide upon and beyond the remit of my Department.
181. Deputy Brendan Griffin asked the Minister for Transport if community transport providers are permitted to charge active retirement groups for their services; and if he will make a statement on the matter. [3747/23]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport.
It is the National Transport Authority (NTA) which has statutory responsibility for securing the provision of public passenger transport services nationally. The NTA also has national responsibility for integrated local and rural transport, including management of the Rural Transport Programme which operates under the TFI Local Link brand, and the Connecting Ireland Rural Mobility Plan.
In light of the NTA's responsibilities for the provision of public transport services, including door-to-door Demand Responsible Transport, I have referred your question to the NTA for direct reply to you. Please advise my private office if you do not receive a reply within ten working days.
182. Deputy Mark Ward asked the Minister for Transport the stage of legislation to regulate the use of electric bikes; if such legislation will be enacted; and if he will make a statement on the matter. [3768/23]
View answerThe Programme for Government has committed us to legislating for electric bicycles, or e-bikes. E-bikes are currently legal to use in Ireland, however, the Road Traffic and Roads Bill 2021, which has completed all stages in the Dáil and is now before the Seanad, includes provisions to clarify the legal position of low-powered e-bikes, also known as pedelecs, and high-powered e-bikes, or speed-pedelecs.
Giving effect to European law, high-powered e-bikes, which have engines above 250W or solely powered by the electric motor, and are capable of speeds in excess of 25 km/h, will be classed as mechanically propelled vehicles. Users will be required to hold an AM licence and to register, tax and insure their vehicle. The provisions in the Bill pertaining to e-bikes will be commenced once the administrative arrangements for registration, licensing and taxation are put in place.
Low-powered e-bikes, with engines of up to 250W and capable of speeds up to 25 km/h, will continue to be treated as pedal bicycles and the rules of the road for bicycles will continue to apply. This type of e-bike will not require registration, taxation, or licensing.
The passage of the Bill through the remaining legislative stages is subject to the Oireachtas. It is anticipated that the Bill will be enacted before the end of Q1.
183. Deputy Chris Andrews asked the Minister for Transport the number of complaints for assault, anti-social behaviour, sexual misconduct and drug use on the Luas from 2018 to 2022; the number of complaints against security staff in the same period; and if he will make a statement on the matter. [3776/23]
View answerAs 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 of the number of complaints for assault, anti-social behaviour, sexual misconduct and drug use on the Luas from 2018 to 2022, as raised by the Deputy, is an operational matter for Transport Infrastructure Ireland (TII) in conjunction with the Luas operator Transdev Ireland, and I have therefore forwarded the Deputy's question to the TII for direct reply.
Please advise my private office if you do not receive a response within ten working days.
184. Deputy Johnny Guirke asked the Minister for Transport what consultation process his Department had with the National Transport Authority prior to the press release of the rural hackney pilot scheme; and if he will make a statement on the matter. [3797/23]
View answer185. Deputy Johnny Guirke asked the Minister for Transport in light of the difficulties being experienced by applicants in sourcing insurance for the rural hackney pilot scheme, if he can indicate the consultation process his Department had with the insurance industry companies prior to the press release on the rural hackney pilot scheme; and if he will make a statement on the matter. [3798/23]
View answer186. Deputy Johnny Guirke asked the Minister for Transport if he can furnish a list of insurance companies, with contact details, who have indicated to his Department that they will quote for insurance for participants in the new rural hackney pilot scheme; and if he will make a statement on the matter. [3799/23]
View answer187. Deputy Johnny Guirke asked the Minister for Transport if the rural hackney pilot scheme grant should go towards an electric vehicle or can it also be used towards a diesel/petrol vehicle; and if he will make a statement on the matter. [3800/23]
View answerI propose to take Questions Nos. 184, 185, 186 and 187 together.
The regulation of the small public service vehicle (SPSV) industry, including the Local Area Hackney Scheme, is a matter for the independent transport regulator, the National Transport Authority (NTA), under the provisions of the Taxi Regulation Acts 2013 and 2016. I am not involved in the day-to-day operations of the SPSV industry.
Accordingly, I have referred your questions to the NTA for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.
188. Deputy David Cullinane asked the Minister for Transport if his attention has been drawn to reports of significant travel safety issues related to deer population in the vicinity of Colligan, Waterford, involving crossings of the R672; and if he will make a statement on the matter. [3838/23]
View answerThe management of public regional and local roads is the statutory responsibility of each local authority. Waterford City and County Council is the responsible authority in this instance and the Council has not raised the issue of deer crossing the road in the vicinity of Colligan with my Department. The Council will be aware that the Traffic Signs Manual includes provision for warning signs indicating the possibility of animals on the road, including deer. As the statutory road authority for their area, it is open to Waterford City and County Council to put up signage at this location.
189. Deputy Michael Healy-Rae asked the Minister for Transport if his Department will contribute funding along with the Department of Rural and Community Development for local improvement schemes, the current funding not being enough to make a significant impact on local authority lists; and if he will make a statement on the matter. [3845/23]
View answerThe improvement and maintenance of regional and local roads which have been taken in charge 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 road grants. The initial selection and prioritisation of works to be funded is also a matter for the local authority.The maintenance of roads not taken in charge by local authorities is the responsibility of the relevant landowners.The Local Government Act 2001 provides the statutory basis for the Local Improvement Scheme (LIS). Under that scheme, funding can be provided to local authorities for the construction and improvement of non-public roads (that is roads not taken in charge by local authorities) which meet the criteria set out in the Act. Up to 2012 this Department did provide ring-fenced funding for this scheme. However, due to the major cutbacks in roads funding arising from the post-2008 financial crisis, it was necessary for the Department to stop providing dedicated funding for LIS in 2012 and there was no funding for LIS in that year.After that from 2013 to 2017, while there was no separate allocation for the Local Improvement Scheme, local authorities could use a proportion of their Discretionary Grant for the Local Improvement Scheme if they chose to do so. The reason this approach was taken was that it was considered that Councils were best placed to decide whether to concentrate the limited grant funding available on public roads or to operate a local improvement scheme for non-public roads.In September 2017, the Minister for Rural and Community development reintroduced dedicated funding for the LIS and is continuing to fund the scheme. In light of the significant funding being put into LIS by the Department of Rural and Community Development and the need to direct resources into maintaining and renewing public roads, it was decided that the option of allocating a proportion of the Department's Discretionary Grant to LIS would no longer apply from 2018 and this has remained the position.
190. Deputy Michael Healy-Rae asked the Minister for Transport the latest timeline from TII on the delayed upgrade on the N22 between Killarney and Farranfore, given the route selection was to take place in December 2022; when the timeline will be published; and if he will make a statement on the matter. [3846/23]
View answerAs Minister for Transport, I have responsibility for overall policy and 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 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.
191. Deputy Michael Healy-Rae asked the Minister for Transport when the regulations around e-scooters will be implemented; and if he will make a statement on the matter. [3852/23]
View answerThe Programme for Government has committed us to legislating for electric scooters, or e-scooters. The Road Traffic and Roads Bill 2021, which has completed all stages in the Dáil and is now before the Seanad, includes provisions to allow for regulation of the use of e-scooters. The bill defines a new category of vehicle in the Road Traffic Act, 1961 to be called 'powered personal transporters' or PPTs, which will include e-scooters. Establishing this new category of vehicle will enable me to put regulations in place to govern the safe use of e-scooters. E-scooters which meet the criteria established in the Bill and subsequent regulations will become legal to use on their introduction.
Once the Bill has been enacted and the relevant sections commenced, formal drafting of the regulations can be commenced. It is worth noting that the introduction of new technical regulations for vehicles is subject to mandatory examination by the European Commission for a minimum of 12 weeks under the Single Market Transparency Directive (EU) 2015/1535.
The passage of the Bill through the remaining legislative stages is subject to the Oireachtas. It is anticipated that the Bill will be enacted before the end of Q1. Work will then progress on the Regulations, including the mandatory examination period noted above.
192. Deputy Sean Sherlock asked the Minister for Transport if the enabling legislation that set up the National Car Testing Service allows for a rebate on the cost of a test. [3861/23]
View answer193. Deputy Sean Sherlock asked the Minister for Transport if a customer is entitled to a free test or a rebate on the cost of a test if it is not offered in a defined time period; and if he will make a statement on the matter. [3862/23]
View answerI propose to take Questions Nos. 192 and 193 together.
The relevant fees for roadworthiness tests at the National Car Test Service (NCTS) are set down in the Road Traffic (National Car Test) Regulations 2017, as amended (S.I. No. 415 of 2017). The Regulations do not provide for the rebate of test fees. This is an operational matter and as Minister, I do not have a role.
I am given to understand that per the NCTS Customer Charter, a test will be provided free of charge where an appointment cannot be offered within a 28-day period, unless any of the following apply:
- the test is overdue by more than 7 days at the time of contacting NCTS;
- an appointment was offered 7 days or more prior to the test due date;
- the customer has made specific requests regarding suitable days, times or dates;
- the customer has declined or rearranged two or more appointments;
- the customer has failed to attend an appointment; or
- the customer has previously accepted or requested an appointment outside of the 28 day period.
However, statutory responsibility for roadworthiness testing in the State, including the operation of the NCTS and the customer charter, rests with the Road Safety Authority (RSA). I have therefore referred the Deputy's query 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.
194. Deputy Richard Bruton asked the Minister for Transport if charges at airports are subject to oversight or approval to prevent overcharging by near monopoly operators. [3872/23]
View answerIn accordance with Aviation Regulation Act 2001, as amended, the Commission for Aviation Regulation (CAR) has statutory responsibility for setting maximum airport charges at Dublin airport taking account of national aviation policy. Dublin Airport is the only airport in Ireland subject to economic regulation due to its dominant position in the market.
CAR employs a method of regulation known as price-cap regulation. A cap on the total revenues per passenger that the airport may collect is set in advance. The price cap is derived from a series of inputs known as ‘regulatory building blocks’. These blocks take account of the airport operator’s cost base, future development and investment plans and its income streams, including from commercial operations in and around the airport. The sum of these building blocks is divided by a forecast of passengers (also a building block) to give the maximum per passenger airport charge.
This independent regulation is intended to serve as a proxy for competition and to require the regulated entity (daa) to do things both in terms of pricing and quality of service provision at Dublin Airport that it would almost certainly not choose to do given a free hand.
The overriding strategic objective is to ensure that current and future airport customers are presented with choice, value and quality services which also meet the highest international safety and security standards.
195. Deputy Catherine Murphy asked the Minister for Transport his plans to reform the national car test; his plans to move away from a first date on which a vehicle is registered in the context of due test dates; and if he has engaged with insurance providers in the context of providing cover in the absence of a valid NCT certificate for the vehicle. [3885/23]
View answerThe operation of the National Car Testing Service is the statutory responsibility of the Road Safety Authority and I have therefore referred the Deputy's query 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.
I understand that the RSA has engaged with Insurance Ireland, which has indicated that its members will adopt a pragmatic approach, where cover will continue to be provided if vehicle owners provide evidence that they have attempted to secure a test appointment before the expiry of their roadworthiness certificate but have been unable to because of the current backlog.
In respect of certificates, under the European Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles and their trailers, Ireland, like all other EU Member States, is obliged to adhere to the minimum specified intervals for carrying out periodic roadworthiness inspections on motor vehicles. This is given effect in Irish law by means of the Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415/2017), as amended.
Regulation 3(2) of the 2017 Regulations provides that the initial test due date for a vehicle is determined using the date of registration of that vehicle and subsequent test due dates fall on anniversaries of that date. Accordingly, all test due dates are predetermined based on the date of registration of a vehicle and any certificate issued for that vehicle will be valid only to the test due date which falls after the certificate is issued. Award of a certificate does not legally entitle the vehicle owner to the subsequent 12 months.
EU Member States cannot unilaterally postpone the date that a test is due to match the date of testing and so extend the validity of certificates without a derogation from the EU Commission. The only occasion where such a derogation has been granted to EU States was under Regulation (EU) 2020/698 in direct response to the COVID-19 crisis in 2020, when test centres were closed to combat the spread of the virus. A permanent change to the date of testing was applied to certain vehicles in 2020 as a result of the suspension of testing under the Road Traffic (National Car Test) (Amendment) Regulations 2020. Certificates for vehicles which have had the extension applied are also valid only to the next test due date.
Permitting the validity of NCT Certs to be extended without inspection would place the State in breach of our obligations under EU law and may negatively impact road safety should the vehicle in question be unsafe to drive. There are currently no plans to amend this legislation.
