Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 15 May 2014

Vol. 841 No. 3

Priority Questions

Irish Airlines Superannuation Scheme

Timmy Dooley

Ceist:

1. Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport if he will provide an update on the expert review of the Irish airlines superannuation scheme dispute; his views on the threat of strike action at Aer Lingus in the summer months; and if he will make a statement on the matter. [21651/14]

I am seeking the Minister's intervention in the ongoing industrial unrest at Aer Lingus. The Minister, like everybody else, is acutely aware of the damage that the threat of strike action can do to the image of a country, especially at this time of year. It has a negative impact on the sentiment expressed towards that country and, in particular, on the potential actions of a person who might want to visit it. I appeal to the Minister to address this matter in the most urgent manner possible.

Efforts to address the future funding of the Irish airlines superannuation scheme date back many years and span the terms of several Governments.  As it is not a public sector pension scheme, I do not have the authority to prescribe or impose a solution.  While I want to help, this is primarily a matter for the trustees, the members of the scheme, the companies participating in the scheme and the Pensions Authority, which is the regulator of such pension schemes.

Following consultations between my Department, the Department of Jobs, Enterprise and Innovation, the Irish Business and Employers Confederation and the Irish Congress of Trade Unions, an initiative was taken to establish an expert panel in an effort to broker a compromise. The panel was asked to carry out an investigation into how the industrial relations issues relating to the scheme might be resolved.  It has given an update to the Department on its progress and is continuing to work intensively on the matter. I have emphasised the need for the parties to put all their efforts into engaging with the expert panel.  It is important for the panel's work to be allowed to continue without interference.

The outcome of the recent ballots by IMPACT cabin crew at Aer Lingus was very disappointing. IMPACT's decision to serve strike notice on the company for action on Friday, 30 May next, which relates to rostering issues rather than the pension scheme itself, was also disappointing. It follows the most recent threatened strike action over St. Patrick's weekend, which means there have been three threatened strikes this year. Industrial action and the threat of industrial action are highly disruptive for passengers and are damaging to the company's position. As Minister with responsibility for transport and tourism, I encourage all the parties to work to find a resolution without repeated threats of industrial action. The Labour Relations Commission and the Labour Court are available to Aer Lingus and IMPACT. I encourage both parties to make full use of the State industrial relations machinery that is available to them.

The State industrial relations machinery is just not working for the aviation sector, unfortunately, particularly when it comes to the ongoing dispute about the pension scheme for the airports and the former State airline. The unions, for their own reasons, believe they have no choice other than to engage in the kind of stand-off in which we now find ourselves. While I accept that the current threat of strike action for later this month does not relate to the issue of pensions, it is part of a bigger industrial relations issue. It does not seem possible to resolve this dispute in the normal way. It is incumbent on the Minister to involve himself more fully in this crisis, perhaps by putting in place and developing a more comprehensive framework for its resolution. He pointed out in his response that he is not the trustee. He indicated in the not too distant past that if he were the trustee, or if the resolution of this matter fell within his remit, he would have brought forward a solution that would have resolved the issue by now. I appeal to the Minister now, as I did then, to publish his views and ideas. Perhaps they could act as a template or a basic discussion document for those who are seeking to find a resolution to this issue. I should also mention in this context that section 33 of the State Airports (Shannon Group) Bill 2014 creates further issues with regard to pension entitlements. We will discuss that legislation when it is brought before the House. It is adding to the concerns of workers.

There is no point in publishing a draft solution if it is not going to get the support of parties. The whole point of a negotiation like this is to try to identify the gaps between the various parties - a number of gaps exist in this case - and come to a solution step by step. That is what the expert panel is doing. The panel will report to us again at the end of the month. I hope that in time, it will be able to propose a solution that is acceptable not just to the members of the scheme - the pensioners and the airport workers who are covered by it - but also to the shareholders in the companies involved. It will have to be acceptable to the Government, which is the shareholder in the Dublin Airport Authority and a minority shareholder in Aer Lingus, and to the other shareholders in Aer Lingus. I remind the House that the Government was on the losing side when the remuneration of the CEO was voted on a few weeks ago. Pensioners and members of the scheme need to bear in mind that any money injected into the scheme by Aer Lingus will need the support of the institutional shareholders in Aer Lingus. I do not think the penny has quite dropped in that respect.

While I accept that is the case, I emphasise that we have a crisis on our hands. Tourism is an important part of our economy. The regrowth of the tourism industry and the focus on Ireland as a destination have the potential to ignite a level of activity within our retail and hospitality sectors. The Minister is well aware from his work in the Department that people in the United States, in particular, have a relatively short window in which to take their vacations. They plan on the basis of certainty. If there is any uncertainty regarding a specific destination, travel agents will advise people to consider some other location. If that were to happen in the case of Ireland, it would be hugely damaging to our tourism industry. I do not think the Minister can argue that even though he is a significant shareholder in Aer Lingus and a total shareholder in the airports, this matter does not fall within his remit.

The Minister and the Minister of State, Deputy Alan Kelly, must do a great deal more to seek to put in place a framework for resolving this issue once and for all, which may require looking beyond the standard industrial machinery. The one-size-fits-all approach at the Labour Court and the Labour Relations Commission is not working in this instance and has not worked for some time.

I appreciate and share the Deputy's concern for tourism. I am delighted to report that since the Government made up of Fianna Fáil, the Green Party and Independents was replaced by this Administration, the number of international visitors to Ireland has increased by 1 million, with further increases expected. There has been a great deal of traffic at Dublin and Shannon airports in particular, as well as Knock, in recent months. Passenger numbers at Shannon, for example, are up by more than 6% this year, which is very positive.

There is currently no threat of strike action in regard to the pensions dispute. A strike is threatened, however, in respect of rostering arrangements at Aer Lingus, which, if it occurs, will be particular to that company. The level of competition that exists among airlines means that most passengers will have other options. The threat of strike action at Aer Lingus is being used to put pressure on the company to find a resolution to the rostering issue. I encourage Aer Lingus management and IMPACT to make full use of the Labour Relations Commission and the Labour Court to come to an agreement. I am sure it can be done.

Dublin Port Tunnel

Finian McGrath

Ceist:

2. Deputy Finian McGrath asked the Minister for Transport, Tourism and Sport the position regarding fire and safety plans at the Dublin Port tunnel in the event of a serious accident. [21645/14]

My question relates to an important issue of public safety. We are great in this country at having tribunals after the event. My concern is to ensure there are adequate planning and preventative measures in place in the event of a major catastrophe in the Dublin Port tunnel. We saw yesterday the extent of the tragedy in Turkey, where a mining explosion occurred on Tuesday. I take this opportunity to convey my sympathy to all of the families concerned and the Turkish people in the aftermath of this horrific accident. Can the Minister offer an assurance that we are adequately prepared for the eventuality of some type of accident occurring in the Dublin Port tunnel?

I join the Deputy in extending my condolences and those of the Government to the Turkish people and the families involved. As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding in regard to the national roads programme.  The Dublin Port tunnel is the responsibility of the National Roads Authority, NRA, under the Roads Acts 1993 to 2007. Safety is, of course, of paramount importance in the management and operation of the tunnel.  I understand from the NRA that the tunnel is fully compliant with European Directive 2004/54/EC on minimum safety requirements for tunnels in the trans-European road network.  

Among the obligations set down in the directive is the organisation of safety exercises which are to be carried out at regular intervals.  In the Dublin Port tunnel, safety drills are undertaken by the tunnel operator at three-monthly intervals to test the efficiency of the technical systems, the reactions of staff who control and manage equipment, and the co-ordination of intervention by the Dublin fire brigade, An Garda Síochána and the ambulance service. I am happy to arrange a site visit for the Deputy to the tunnel control centre and a detailed briefing from the NRA on the fire and safety plans that are in place.

I thank the Minister for his response and his invitation to visit the tunnel control centre. He may recall the terrible tragedy that occurred on 24 March 1999 in the Mont Blanc tunnel, where 39 people died when a Belgian transport truck carrying flour and margarine caught fire. At 10.53 a.m. on that day, the driver of the vehicle stopped in the middle of the tunnel in an attempt to fight the fire, but he was forced back by the flames from the cab. At 10.55 a.m., tunnel employees triggered the fire alarm and prevented any further traffic from entering. However, 18 trucks and ten vans were trapped in the tunnel. Most of the drivers rolled up their windows and waited for rescue, but the ventilation system drove toxic smoke back down the tunnel faster than anybody could run for safety. Drivers near the blaze who attempted to leave their vehicles and seek refuge points were quickly overcome by the fumes. Fifteen firefighters were also trapped in the tunnel, all of whom were admitted to hospital in serious condition and one of whom subsequently died.

That tragedy highlights the need to have a safety plan for the Dublin Port tunnel. The Minister referred to safety drills taking place every three months. That frequency is not sufficient and should be tightened. Human error is difficult to plan for, but we must have measures in place to deal with all eventualities.

The key issue when it comes to safety in transport, whether in respect of roads, aviation or the railways, is the need to be always vigilant and never complacent. The NRA has detailed to me the safety measures that are in place in the Dublin Port tunnel, which I am pleased to outline to the Deputy. The tunnel is equipped with an extensive range of safety features, including mechanical and electrical systems as well as optical and gas-monitoring equipment, in order to ensure a safe environment at all times for users. The tunnel control centre, which is managed and operated by specialist staff, monitors the tunnel 24-7, 365 days per year, through a network of CCTV cameras which covers the entire length of both tunnel bores. The control centre is in charge of all activities relating to traffic control and safety maintenance, both under normal conditions and in the event of an incident. Procedures are in place to cater for all aspects of tunnel safety, including the safety of users, operative staff and subcontractors, under normal operating conditions and in emergency situations, in order to ensure that any issues which arise in regard to the tunnel's operation, maintenance and safety are responded to promptly and efficiently.

The buck stops with the Minister on this issue, notwithstanding his reference to the individuals who bear responsibility on a daily basis. Following the Mont Blanc tunnel fire, 16 people and companies were tried on 31 January 2000, five of them for manslaughter. An Italian company had to pay out €13.5 million in compensation. The head of security was given a six-month sentence, the former president of the French company operating the tunnel was given a two-year suspended sentence, the driver of the truck was given a four-month suspended sentence, and seven other people, including the tunnel's Italian security chief, were handed suspended terms and fines. We must be vigilant to ensure something similar does not happen here in the event of a fire in the Dublin Port tunnel.

The Deputy's point is well made. When it comes to air traffic control and tunnel safety, the authorities look at what has gone wrong in other locations and the lessons that can be learned from that. I have visited the Dublin Port tunnel control centre myself and, as I said, the Deputy is welcome to do the same and receive a briefing from staff.

Ministerial Staff

Timmy Dooley

Ceist:

3. Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport the number of non-civil servant staff in his office and the offices of the Ministers of State at his Department; their roles and responsibilities; and if he will make a statement on the matter. [21652/14]

This question is one I intend also to pose to other Departments. It seeks to determine the relationship between the Minister, his private office and his advisers and their interaction with the Civil Service. Will he outline how these interactions take place in his office and in the offices of the Ministers of State at his Department?

There are 15 non-Civil Service staff employed in my office and the offices of the Ministers of State, Deputies Michael Ring and Alan Kelly.  

In my departmental duties and responsibilities, I am aided by one special adviser, Mr. Brian Murphy, and one press adviser, Mr. Nick Miller. Furthermore, in lieu of a personal assistant, I appointed a policy adviser, Mr. John Carroll, whose terms and conditions are at the personal assistant grade.  

The Minister of State, Deputy Kelly, is aided by Mr. Jim McGrath, who advises him in regard to his departmental functions and media matters and is employed at the personal assistant grade. For the Deputy's information, the personal assistant grade is the equivalent of the parliamentary assistant grade in Leinster House. The Minister of State, Deputy Ring, is advised by Mr. Paul McGrath on departmental matters. Mr. McGrath provides his services free of charge.  

In regard to the remaining non-Civil Service members of staff in my office, there is one personal secretary who works on constituency matters. There are two members of staff, a personal secretary and a clerical equivalent, in the office of the Minister of State, Deputy Kelly. In the case of the Minister of State, Deputy Ring, he is aided in constituency matters by one personal secretary and one personal assistant. In addition, each of us has two civilian drivers. As the Deputy is aware, the practice of the last Government was to have all members of Government driven by full-time Garda drivers. This was an expensive practice that diverted gardaí away from front-line duties. We also provide our own cars.  

All of these staff are employed in line with Department of Public Expenditure and Reform guidelines on the staffing of the offices of Ministers and Ministers of State. By way of comparison with the above, my predecessor in this Department, Noel Dempsey, had, in November 2008, three politically appointed members of staff employed at the special adviser pay grade or similar as well as a personal assistant and a personal secretary. At the same time, there were ten civil servants employed in Mr. Dempsey's private and constituency offices, as well as five in the Minister of State's. There are eight civil servants between my private and constituency office, and four in each of the offices of my Ministers of State.

The Deputy will no doubt agree that we are doing more work than the Fianna Fáil-Green Party-Independents Government with fewer staff and other supports.

Give us a break.

I appreciate the Minister's clarification. However, his tone appears to indicate a belief on his part that I am somehow trying to ascertain the costs relating to the operation of his office. That is not the case. I am trying to understand the relationship between external staff and civil servants. The Minister stated that one individual advises the Minister of State, Deputy Ring, on departmental matters. The Minister also outlined the position regarding his advisers - which seems to be quite straightforward - and those of the other Minister of State, Deputy Kelly. The job descriptions to which he referred all seem normal. I just wonder why someone from outside the Civil Service is advising the Minister of State, Deputy Ring, on departmental matters. Would that not be a function of members of the permanent staff? The Minister indicated that the individual in question is not paid in respect of the work he carries out. If he is not in a position to do so now, will the Minister at some stage provide information regarding the actual role this individual plays? Is he involved in any way in advising the Minister of State, Deputy Ring, on the allocation of funding under the sports capital programme?

I hope the staff are not out delivering leaflets.

They are certainly not doing so, at least not during working hours. The person to whom Deputy Dooley is referring is former Deputy Paul McGrath. It is important that Ministers have advisory staff. The key difference between such staff and civil servants is that they must leave their employment when one loses one's job. They operate on a different basis to civil servants, who are always in Departments regardless of the identity of the Minister of the day and who work on longer-term contracts. One of the sad aspects of the departure of the former Minister for Justice and Equality, Deputy Shatter, was that three other people also lost their jobs on the day he lost his and they have been obliged to seek work elsewhere as a result. We often forget that side of politics. Essentially, the Minister of State does not have an adviser. However, he felt he needed some advice from someone with political experience and knowledge and that person is Mr. Paul McGrath. The latter does not receive any remuneration for the work he does. Mr. Paul McGrath does not do any work in respect of constituency matters but he does advise the Minister of State on any matters relating to sports and tourism, including the sports capital programme.

It is shocking that someone from a political background is involved in day-to-day departmental activity. I understand the need to employ external advisers to provide advice on policy or assist Ministers in understanding their role and brief. I do not believe that the Minister of State, Deputy Ring, requires much advice when it comes to politics.

That is for sure.

Even if we accept that the Minister of State has some limited capacity in that regard and that he requires advice from an experienced individual such as former Deputy Paul McGrath, I am still struggling to understand how it is possible for the latter to be involved in the allocation of funding in respect of applications made under the sports capital programme. I need the Minister to clarify, in the clearest possible way, that Mr. Paul McGrath - whose political pedigree is obvious - has no involvement whatsoever in the decisions taken with regard to the provision of funding under the sports capital programme.

The allocations are made by the Minister of State, Deputy Ring, and signed off by me. In that context, our decisions are informed by advice provided by officials in the Department's sports division. The role occupied by Mr. Paul McGrath does not involve decision making, rather it involves providing advice on tourism and sport and all matters relating thereto. The setting of the criteria for the sports capital programme is very much a policy matter and not a party political one. Mr. Paul McGrath is not an employee of the Department and he does not receive any remuneration for the work he does. He offers advice to the Minister of State, Deputy Ring, on a pro-bono basis. I imagine there are people, both in government and in opposition, who are advised by particular individuals on a similar basis.

Penalty Points System Investigation

Finian McGrath

Ceist:

4. Deputy Finian McGrath asked the Minister for Transport, Tourism and Sport the effectiveness of the penalty points system in saving lives on our roads. [21647/14]

This question relates to the effectiveness of the penalty points system in saving lives. Has an evidence-based audit been carried out in respect of the system? Many citizens are concerned that the penalty points system no longer relates to road safety and that it is being used as a way of raising revenue. They are of the view that they have been hammered as a result of the introduction of various charges and that their pockets are again being picked because they are being obliged to pay €80 fines on a regular basis in respect of incidents which would not really be that serious in the context of public safety. Has an audit such as that to which I refer been carried out?

The fixed charge notice-penalty points system has been a very effective part of the suite of measures to address road safety since it was established in 2002.  The introduction of the system, random breath-testing for alcohol, lower permissible alcohol limits and safety cameras, the establishment of the Road Safety Authority and the Garda Traffic Corps and the enactment of targeted legislation have led to positive changes in driver behaviour and contributed to the reduction in the number of fatalities and serious injuries on our roads in recent years. The system is also widely accepted by the general public, as evidenced by the fact that over 70% of those served with a fixed charge notice pay the stipulated fine without recourse to the courts. From 411 deaths on our roads in 2001, there was a dramatic reduction to 190 in 2013. As of 12 May last, 67 people had lost their lives on Irish roads this year. That is the same number which obtained as of the same date last year. We are determined to maintain focus on reducing the number further. As of today and although it is not of any statistical significance, there has been one less death on the roads this year.

The main goal of the penalty point system is not to penalise people but to make them more aware of unsafe driving behaviour, to improve driver behaviour and to reduce the number of deaths and injuries on Irish roads. A comprehensive review of the system took place in 2012. Recommendations made in the review, namely, the introduction of new penalty point offences and changes to the number of penalty points to be applied in respect of certain offences, were reflected in the new Road Traffic Act 2014, which was signed into law on 25 February last. I will continue to monitor the operation of the system to ensure that it contributes in the most effective way possible to the enhancement of safety on our roads.

The Minister argues that the system has proven to be very effective. He indicated that to date this year, some 67 people have lost their lives, which is horrific. We must ensure that all relevant safety measures, including improving our roads and erecting proper speed limit signs in very dangerous locations, are put in place. I have been approached by citizens who informed me that they have encountered either GoSafe or Garda vans on empty straight roads. Basically, those in the vans who are shooting fish in a barrel and their actions lead to every person detected speeding being obliged to pay €80 per head. In one recent incident of which I was made aware, a family with a very disabled child driving down Griffith Avenue were caught doing 60 km/h in a 50 km/h zone. The road was completely devoid of other traffic but there was still a van there to monitor people's speed. On another occasion, people who exited Parnell Park after a St. Vincent's GAA match came across gardaí nicking people for speeding on the Malahide Road.

Does that to which I refer really constitute good and effective policing? Is it what we want in terms of ensuring road safety? The Minister must listen to the view of the people and I am aware of some individuals who believe the penalty points system to be just another revenue-raising mechanism? We all want to improve road safety and I have no difficulty with GoSafe and Garda vans monitoring people's speed on very dangerous routes. I welcome that the Minister is going to monitor what is happening. I hope that will lead to his spotting the fact that there is a little scam going on.

The matters to which the Deputy refers are ones for the Garda. Clearly, however, I pay attention to such matters in the context of how they relate to road safety. I do not believe that what the Deputy says reflects the actual position. Similar remarks are also often made in respect of safety cameras and GoSafe vans.

People often tell me they are just a revenue-raising measure and are just shooting fish in a barrel. However, when one actually looks at the facts, one realises that, in almost all cases, the cameras are located where there have been accidents or incidents. The amount of money that is generated by them is less than the cost of running them. Therefore, the allegation just does not add up. The best way to avoid getting a fine is to obey the road traffic laws and comply with the Road Traffic Act.

The problem concerns many of the areas I am talking about, the soft targets. The Minister referred to obeying the rules of the road but in some places there is no sign warning motorists that the speed limit is 50 km/h. Motorists who are dawdling along, perhaps at 58 km/h or 60 km/h in a 50 km/h zone, are caught all of a sudden by a van and are awarded two penalty points and a fine of €80 euro. These are the cases I am talking about. Of course, we all want safe and effective measures at very dangerous bends and on rural roads. However, Griffith Avenue is deserted at 8 p.m. To nab a disabled motorist who is minding his own business and driving at 60 km/h in a 50 km/h zone with no signs is unacceptable. I have asked the council and the Garda about this issue. The Minister can say all he wants and talk about effectiveness but the bottom line is that he is hitting soft targets. I refer to the people who are being hammered regularly. They are innocent, pay their taxes and are law abiding. They are being hammered regularly and now the Minister is going after them again.

The many people who are members of vulnerable and disadvantaged groups, be they disabled or members of an ethnic or other minority, would all agree they must comply with the Road Traffic Act like everyone else and with the rules of the road.

They need to hold on to their cars. They do not want to end up with 12 penalty points.

I am sure that even the representative organisations of the disabled and other groups would not advocate that they should have some sort of exemption from the road traffic legislation or be treated differently. If somebody feels he has been treated unfairly over penalty points, he has available to him, at long last, a clear set of rules on requesting a termination from the Garda. He also has the option of going to the District Court to make his case.

Barr
Roinn