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Thursday, 5 Oct 2023

Written Answers Nos. 170-190

Bus Services

Questions (170)

Colm Burke

Question:

170. Deputy Colm Burke asked the Minister for Transport the action his Department is taking to improve the bus service in Cork in view that there are recurring issues with reliability and capacity; if additional funding will be provided to improve the service; and if he will make a statement on the matter. [43199/23]

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Written answers

As 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 National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling and timetabling of these services in conjunction with the relevant transport operators.

In light of the Authority's responsibility in this area, I have forwarded the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.

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

Road Projects

Questions (171)

Colm Burke

Question:

171. Deputy Colm Burke asked the Minister for Transport to provide an update on progress made to date on the Banduff road scheme project; the level of funding that will be provided by the Department for the project in the coming year; and if he will make a statement on the matter. [43200/23]

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Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to Active Travel. Funding is administered through the National Transport Authority (NTA), who, in partnership with local authorities, have responsibility for the selection and development of specific projects in each local authority area.

Noting the role of the NTA in the matter, I have referred your question to that agency for a more detailed answer. If you do not receive a reply within 10 working days, please contact my private office.

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

Road Traffic Offences

Questions (172)

Brian Leddin

Question:

172. Deputy Brian Leddin asked the Minister for Transport the steps his Department is taking to address the recommendations of the Oireachtas Joint Committee on Justice’s Report on an Examination of Enforcement of Road Traffic Offences. [34021/23]

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Written answers

As Minister for Transport, I am responsible for drafting road traffic legislation and setting penalties for traffic offences. Enforcement is the responsibility of An Garda Síochána, under the oversight of my colleague, the Minister for Justice. Therefore, I can address the report’s recommendations for legislation under my remit.

Firstly, I note the committee's recommendation that parking on a footpath or bus or cycle lane be included in the definition of dangerous parking in the Road Traffic Act 1961 and carry the same penalties. My Department considers such an amendment unnecessary. Section 55 of the 1961 Act, the legal basis for the current dangerous parking offence, does not exclude parking on a footpath, bus or cycle lane. Dangerous parking is defined as parking a vehicle in a public place in a way which causes danger to other people. An Garda Síochána already have the powers to apply this where appropriate.

Secondly, for enforcement, I can clarify the scope of Section 81 of the Road Traffic Act 2010, on the use of camera detection by An Garda Síochána. The committee's report acknowledges the powers under Section 81 for certain traffic offences and recommends that these powers be extended to include driving or parking in a bus or cycle lane. Again, no amendment is required. Section 81, although introduced for speed cameras, covers a broad range of offences. The offences specified include those under Section 35 of the Road Traffic Act 1994, the basis of the current Traffic and Parking Regulations, and cover, among other things, driving and parking in bus and cycle lanes.

Finally, I acknowledge the committee's recommendations that fixed charge penalties be reviewed and that driving or parking in a bus lane be made penalty point offences. My Department keeps fixed charge penalties and penalty points under constant review. As recently as last October, the previous Minister of State, Deputy Hildegarde Naughton, doubled the fixed charges for 16 critical traffic offences, including speeding, mobile phone use and failure to wear a seatbelt. I intend to bring proposals to Government in the coming weeks to strengthen the penalty point regime and provide for greater flexibility in their amendment and application.

Road Projects

Questions (173)

David Stanton

Question:

173. Deputy David Stanton asked the Minister for Transport further to Parliamentary Question No. 192 of 30 May 2023, when he expects the review of the strategic assessment report for a project (details supplied) to be completed; and if he will make a statement on the matter. [41160/23]

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Written answers

Cork County Council was given clearance in the first half of 2021 to proceed to prepare a Strategic Assessment Report (SAR) for a Great Island Connectivity Scheme. Following receipt of a draft SAR, the Department initiated a review of the draft in line with the Public Spending Code and the Department's capital investment appraisal requirements.

The review of the SAR, which is taking into account that this significant project involves crossovers between different transport modes, has been reviewed and it has been agreed that Cork County Council can continue to close out the SAR together with the preliminary business case in accordance with the revised public spending code. Completion of this process will then provide a basis for the discussion of the next steps in the project appraisal process with the Council.

Road Projects

Questions (174)

David Stanton

Question:

174. Deputy David Stanton asked the Minister for Transport to provide an update on progress in respect of a project (details supplied); and if he will make a statement on the matter. [41168/23]

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Written answers

As 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.

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

Coast Guard Service

Questions (175, 176, 177, 178)

Richard Boyd Barrett

Question:

175. Deputy Richard Boyd Barrett asked the Minister for Transport if a transfer of undertakings protection of employment rights (TUPE) will apply to all Irish Coast Guard staff as regards the transfer from VHC Ireland to Bristow following the new tender being awarded; and if he will make a statement on the matter. [43226/23]

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Richard Boyd Barrett

Question:

176. Deputy Richard Boyd Barrett asked the Minister for Transport further to Parliamentary Question Nos. 336, 337 and 338 of 11 September 2023 where it was stated that Bristow Ireland supports the principles of TUPE in relation to the transfer of the Irish Coast Guard staff, to outline in detail what these principles that Bristow supports are; and if he will make a statement on the matter. [43227/23]

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Richard Boyd Barrett

Question:

177. Deputy Richard Boyd Barrett asked the Minister for Transport whether Irish Coast Guard workers can be allowed access to the search and rescue tender document recently awarded to Bristow under FOI or by any other means; and if he will make a statement on the matter. [43228/23]

View answer

Richard Boyd Barrett

Question:

178. Deputy Richard Boyd Barrett asked the Minister for Transport whether the tender documents for the new contract for the Irish Coast Guard recently awarded to Bristow referenced TUPE and to provide the details of this reference; and if he will make a statement on the matter. [43229/23]

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Written answers

I propose to take Questions Nos. 175, 176, 177 and 178 together.

The contract for the provision of next generation Irish Coast Guard (IRCG) aviation services was signed with Bristow Ireland Limited on 11 August 2023. The contract provides for the operation of four helicopter bases all on 24/7 duty, with the addition of a Coast Guard Fixed Wing aircraft service for the first time.

The contract for the new IRCG aviation service includes the standard provision relating to the application of TUPE, as follows: " The Contractor shall comply with all applicable obligations arising pursuant to the European Communities (Protection of Employees' Rights on Transfer of Undertakings) Regulations 2003 (S.I. 131 of 2003) and Council Directive 2001/23/EC (together the "TUPE Regulations")".

My Department and the Irish Coast Guard will facilitate, support, and expects to see, an orderly and seamless transfer of operations between both contractors (CHCI and Bristow Ireland). The transition will be a gradual process, and the new aviation service will be introduced on a phased basis between now and July 2025.

I fully recognise the professionalism and dedication of all personnel engaged in the provision of this essential State service. The specialist expertise of the CHCI personnel is highly valued and the experience gained over many years in providing IRCG SAR and other aviation services will continue to be a valued and sought after resource. The nature of the skills, training and experience required to fulfil Search and Rescue roles is quite specialised and there is a limited pool of suitably qualified personnel in Ireland and internationally available to fill these posts. Ensuring continued safe, efficient, and effective aviation services for the Irish Coast Guard is the overarching priority for all concerned. To that end, it is imperative that existing and future staff be fully appraised of employment and advancement opportunities available under the new service, so as to reduce any uncertainty or distraction.

The new contractor, Bristow Ireland, has given a commitment to my Department that the Company supports the principles of TUPE and that it will fully engage with the recognised Trade Unions – Forsa and Unite- as part of the transition and mobilisation phase of the new contract. The company has stated that it is fully committed to establishing pathways for personnel currently servicing the existing SAR contract to join Bristow Ireland on comparable salary structures and they will actively work to develop a positive and professional relationship with the Trade Unions to ensure that this commitment is fully honoured. Bristow Ireland will also engage directly with the management team of the incumbent contractor, CHCI, in the near future with a view to ensuring a seamless transition to the new IRCG aviation service.

It is important to note that staff at both CHC and Bristow are employees of their respective companies and my Department has no involvement or knowledge on the details of such contracts. Equally the Department is not in a position to determine arrangements for the transfer or recruitment of such personnel.

My Department is not in a position to release the recent tender documents and contract due to commercial sensitivity. However, I would like to direct your attention to the website of the Office of Government Procurement where you will find the template Draft Services Contract used by the Department of Transport. See link below.

gov.ie - Templates - Goods and General Services (www.gov.ie)

Question No. 176 answered with Question No. 175.
Question No. 177 answered with Question No. 175.
Question No. 178 answered with Question No. 175.

Coast Guard Service

Questions (179)

Pauline Tully

Question:

179. Deputy Pauline Tully asked the Minister for Transport if a transfer of undertakings protection of employment rights, TUPE, will apply in the transfer of the search and rescue contract for the Irish Coast Guard to a new company (details supplied) to protect the terms and conditions of the workers who are transferring, if not, the reason this is stated to be the case on his Department's website under ‘your questions answered’. [43231/23]

View answer

Written answers

The contract for the provision of next generation Irish Coast Guard (IRCG) aviation services was signed with Bristow Ireland Limited on 11 August 2023. The contract provides for the operation of four helicopter bases all on 24/7 duty, with the addition of a Coast Guard Fixed Wing aircraft service for the first time.

The contract for the new IRCG aviation service includes the standard provision relating to the application of TUPE, as follows: " The Contractor shall comply with all applicable obligations arising pursuant to the European Communities (Protection of Employees' Rights on Transfer of Undertakings) Regulations 2003 (S.I. 131 of 2003) and Council Directive 2001/23/EC (together the "TUPE Regulations")".

My Department and the Irish Coast Guard will facilitate, support, and expects to see, an orderly and seamless transfer of operations between both contractors (CHCI and Bristow Ireland). The transition will be a gradual process, and the new aviation service will be introduced on a phased basis over the next 24 months.

I fully recognise the professionalism and dedication of all personnel engaged in the provision of this essential State service. The specialist expertise of the CHCI personnel is highly valued and the experience gained over many years in providing IRCG SAR and other aviation services will continue to be a valued and sought after resource. The nature of the skills, training and experience required to fulfil Search and Rescue roles is quite specialised and there is a limited pool of suitably qualified personnel in Ireland and internationally available to fill these posts. Ensuring continued safe, efficient, and effective aviation services for the Irish Coast Guard is the overarching priority for all concerned. To that end, it is imperative that existing and future staff be fully appraised of employment and advancement opportunities available under the new service, so as to reduce any uncertainty or distraction.

The new contractor, Bristow Ireland, has given a commitment to my Department that the Company supports the principles of TUPE and that it will fully engage with the recognised Trade Unions – Forsa and Unite- as part of the transition and mobilisation phase of the new contract. The company has stated that it is fully committed to establishing pathways for personnel currently servicing the existing SAR contract to join Bristow Ireland on comparable salary structures and they will actively work to develop a positive and professional relationship with the Trade Unions to ensure that this commitment is fully honoured. Bristow Ireland will also engage directly with the management team of the incumbent contractor, CHCI, in the near future with a view to ensuring a seamless transition to the new IRCG aviation service.

Driver Test

Questions (180)

Holly Cairns

Question:

180. Deputy Holly Cairns asked the Minister for Transport the current length of waiting lists for driving tests in Cork, by test centre, in tabular form; and to detail the measures he is taking to reduce waiting times. [43286/23]

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Written answers

Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. This includes holding information on waiting lists and wait times at test centres in Cork. As such, I have referred the Deputy's question to the RSA for direct reply on the specific issue raised. 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

Driver Test

Questions (181)

Holly Cairns

Question:

181. Deputy Holly Cairns asked the Minister for Transport the current length of the waiting lists for driving theory tests in Cork, by test centre, in tabular form; and to detail the measures he is taking to reduce waiting times. [43287/23]

View answer

Written answers

Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. This includes holding information on driver theory test wait times at test centres in Cork. As such, I have referred the Deputy's question to the RSA for direct reply on the specific issue raised. 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

Driver Test

Questions (182, 183)

Niamh Smyth

Question:

182. Deputy Niamh Smyth asked the Minister for Transport to review correspondence (detail supplied); if he can provide an update on this driving test; and if he will make a statement on the matter. [43309/23]

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Niamh Smyth

Question:

183. Deputy Niamh Smyth asked the Minister for Transport to review correspondence (details supplied); if he can provide an update on this driving test; and if he will make a statement on the matter. [43310/23]

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Written answers

I propose to take Questions Nos. 182 and 183 together.

Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. Consequently, information on applicants is held by the RSA and neither I nor my Department have the power to intervene in individual cases.

On the broader issue of delays, the service has been under significant pressure to meet unprecedented demand, which has increased by 28% compared with 2021 figures. In response to these pressures, the Authority reviewed the capacity of the driver testing service and, following a request for additional resources, my Department gave approval for the recruitment of up to 75 additional driver testers. This brings the total number of sanctioned driver tester posts to just over 200. 

This recruitment is underway and being managed by the Authority. I have been advised that the first tranche of new recruits was deployed in September. The additional driver testers are being allocated across the driver testing service with a focus on geographical areas with the longest waiting times and highest demand for tests.

It is expected that once the full complement of additional driver testers are trained and deployed, the backlog for driver testing services will begin to decline by the end of October and agreed service levels will resume by mid 2024.

Question No. 183 answered with Question No. 182.

Bus Éireann

Questions (184)

Niamh Smyth

Question:

184. Deputy Niamh Smyth asked the Minister for Transport to review a case (details supplied); if he will refer this to Bus Éireann for a response; and if he will make a statement on the matter. [43311/23]

View answer

Written answers

As 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.

Further, Bus Éireann's Expressway services are commercial bus services and responsibility for the operation of those services is a matter for the company.

I have, therefore, referred the Deputy's question to Bus Éireann for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Córas Iompair Éireann

Questions (185)

Michael Healy-Rae

Question:

185. Deputy Michael Healy-Rae asked the Minister for Transport if an issue will be rectified with CIÉ for a person (details supplied); and if he will make a statement on the matter. [43343/23]

View answer

Written answers

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

The property affairs of CIÉ are matters for the CIÉ Board in accordance with the provisions of the Transport Acts 1950 and 1964. Accordingly, I have forwarded the Deputy's question to CIÉ for direct reply. Please advise my private office if you do not receive a reply within ten working days.

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

Road Safety Authority

Questions (186)

Michael Lowry

Question:

186. Deputy Michael Lowry asked the Minister for Transport whether his Department and the RSA (Road Safety Authority) have engaged with the Irish Motorcycle Association for Ireland (details supplied); if he and the RSA will consider scheduling a meeting with them at their earliest convenience; and if he will make a statement on the matter. [43348/23]

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Written answers

Neither I nor officials in my Department have had direct engagement with the Irish Motorcycle Association. Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has extensive statutory responsibilities in relation to road safety and driver licencing, including for motorcyclists. Given these responsibilities, I have sent the Deputy's question to the RSA for its consideration and direct reply on the specific issue raised. I would ask the Deputy to contact my office if a response has not been received within ten days.

Active Travel

Questions (187)

Michael Lowry

Question:

187. Deputy Michael Lowry asked the Minister for Transport whether his Department and the Road Safety Authority have recently initiated discussions with an organisation (details supplied) regarding the implementation and deployment of floating bus islands and cycle lanes as integral components of active travel initiatives; if he and the RSA will to arrange a meeting with the organisation to gather the insights and perspectives on these novel active travel initiatives; and if he will make a statement on the matter. [43351/23]

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Written answers

Recent input from disability groups including the Irish Wheelchair Association (IWA) was sought by the National Transport Authority (NTA) on the newly revised Cycle Design Manual. The Cycle Design Manual, published by the NTA in Q3 2023, supersedes the previous National Cycle Manual which guided the design of cycle infrastructure in Ireland over the last decade.

The new Manual draws on the experience of delivering cycling infrastructure in Ireland, as well as learning from international best practice, and has been guided by the need to deliver safe cycle facilities for people of all ages and abilities.  The updated Manual has greater emphasis on the range of bicycles to be accommodated and the recommendations also focus on segregating cyclists from traffic where speeds and volumes make roads unsuitable for sharing.

As part of the stakeholder consultation on the Cycle Design Manual, feedback from the IWA was received on floating bus stops. 

In addition, my Department's National Guidelines and Standards Group (NGSG) have invited the National Disability Authority, the independent statutory body that advises on policy relevant to persons with disabilities, to present to that Group. The NGSG seeks to improve the consistency of approach across state bodies to lead to a more streamlined and consistent approach to the design and delivery of infrastructure projects through the setting of minimum common requirements including on audit and quality control. 

The Department is looking to build upon current engagement with certain groups, including representative groups for persons with disabilities, to ensure that whatever solutions are provided in this area are able to meet the needs of all users.

Airport Policy

Questions (188)

Aodhán Ó Ríordáin

Question:

188. Deputy Aodhán Ó Ríordáin asked the Minister for Transport if he will increase the number of noise monitors for aircraft in the Dublin Bay North area, with particular reference to those areas under or beside flight paths. [43352/23]

View answer

Written answers

I can advise the deputy that Government has put in place a framework for managing noise at Dublin Airport underpinned by the Aircraft Noise (Dublin Airport) Regulation Act 2019.   The Aircraft Noise Competent Authority (ANCA) established under the Act monitors, and regulates where necessary, for the management of aircraft noise in the communities around Dublin Airport.

As this is a matter for the noise regulator, I have forwarded your question to ANCA for direct reply.  Please contact my private office if you do not receive a reply within 10 days.

Driver Licences

Questions (189)

Catherine Murphy

Question:

189. Deputy Catherine Murphy asked the Minister for Transport if he will expedite applications lodged with the NDLS in respect of three persons at a company (details supplied) in order for them to commence their employment. [43367/23]

View answer

Written answers

The Road Safety Authority (RSA) is the statutory body with responsibility for the issuance of driving licences through the National Driver Licence Service (NDLS).

When a recognised driving licence is submitted for exchange purposes, the NDLS applies agreed verification requirements. Most applications are processed in a timely manner but there are various reasons for delays such as outstanding medical information from the driver if required, the physical driving licence being exchanged, and proof of identity and residency entitlement. Verification is also required from the issuing driving licence authority, though this is not sought by the NDLS where it was previously verified within six months of the driving licence exchange application, as part of a work permit application.

As Minister, I do not have access to individual applications and cannot intervene in individual licensing applications. The individuals involved should contact the NDLS on 0818 700 800 or the RSA on 096 25000 directly or by email to lqueries@rsa.ie in relation to this matter.

Taxi Licences

Questions (190)

Michael Healy-Rae

Question:

190. Deputy Michael Healy-Rae asked the Minister for Transport if he will address an issue (details supplied); and if he will make a statement on the matter. [43368/23]

View answer

Written answers

The regulation of the small public service vehicle (SPSV) industry, including SPSV licensing, 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 and accordingly, I have referred your question to the NTA 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
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