Niamh Smyth
Ceist:34. Deputy Niamh Smyth asked the Minister for Transport, Tourism and Sport if he will progress the east-west link road for the local economy of east Cavan and the surrounding areas. [5758/17]
Other Questions
Road Projects Status
As the Minister is aware, €2 million of taxpayers' money has already been spent on the design stage of a 75 km stretch of road known as the east-west link, which could provide huge economic benefit to Cavan-Monaghan and the whole Border region. Will the Minister please outline the progress of the design and the funding put in place for the motorway?
I thank Deputy Niamh Smyth for her question.
Proposals to deliver an upgraded route linking Dundalk to Sligo, taking in Cavan, involve linking elements of the national road network and regional roads along as direct a route as possible. Essentially, the route involves upgrade or realignment works on the regional routes from Dundalk to Cavan and on national routes from Cavan to Sligo. The latter would involve a route that passes through Northern Ireland.
Regarding the national element, as Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding regarding the national roads programme. The planning, design and implementation of individual national road projects is a matter for Transport Infrastructure Ireland, TII, under the Roads Acts 1993 to 2015, in conjunction with the local authorities concerned.
As regards the regional road aspect of the proposal, the improvement and maintenance of regional and local roads in its area is a statutory function of local authorities in accordance with the provisions of section 13 of the Roads Act 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources, supplemented by State road grants.
The capital plan published in September 2015 provides for the gradual build-up in expenditure on the maintenance and improvement of the road network over a seven-year period. The bulk of the money involved is scheduled to be spent on maintenance of the road network with some limited investment in new projects. My Department has provided funding to Cavan County Council, acting as lead authority with Monaghan and Louth county councils, with over €2 million in the period 2007 to 2014 to progress the regional road element of the project to preliminary design. At an estimated cost of €150 million, unfortunately, it was not possible to include the east-west link in the capital plan.
In my area of east Cavan, there is a high level of industry. We have Abbott, Lakeland Dairies and Cartons, all of which are hugely dependent on good road infrastructure. The Minister talked about the local authorities and Revenue going to them. My own local authority has been down significant funds over the past years. I take account of the fact that the Minister is new to his position and that this is not his fault. However, the local authority is down at least 50% in the investment that has been made by Revenue into our local authority. Therefore, the money is not currently with the local authority. The N3 has brought great benefits to Cavan and the surrounding area. It has opened up Bailieborough, Kingscourt, Virginia and Cavan town.
The access has been of huge economic benefit. This new east-west link, if it was to progress, would offer huge benefits also to west Cavan. Not too long ago I attended a committee meeting at which we discussed the exodus of young people and business from west Cavan because of the lack of infrastructure such as roads. This is an opportunity for the Minister.
I see the Deputy's point but it goes back to funding. That is the problem and a compelling case has to be made if anything of that nature is to qualify for funding. I would very much like to help the Deputy.
The National Roads Authority procured consultants in 2001 to carry out a strategic study of the development of an east-west link road. The consultants were to report on the merits and demerits, if any, of such a route with a recommendation for a preferred route corridor or corridors. The report concluded that an east-west link route was viable and justified and concluded the most feasible solution was to make use as much as possible of the existing network of roads. The stated objectives of the project were to address the deficiency in the transport network in the region and help connect the local population to the gateway town of Dundalk, the hub town of Cavan and the key transport corridors. These objectives were highly laudable, to reduce the travel times and improve access to regional, national and international markets as well as education, employment and other services and to deliver an improved road network in a cost-effective manner while minimising adverse environmental impact.
This is important infrastructure and, as the Minister said, the cost it would incur would be approximately €150 million. The Minister for Public Expenditure and Reform, Deputy Donohoe, recently announced €2 billion in additional capital spending. Would the Minister put in some representation for us in Cavan-Monaghan because we are fed up being left behind when it comes to roads, a very basic piece of transport network? We do not have railway or the broadband we would like to have. We depend solely on the road infrastructure in our area. We have wonderful indigenous business and small and medium enterprises in that area. People rely on their own resources to establish businesses and provide employment. The only way we can encourage and harness that is by having the infrastructure we need. I urge the Minister to do anything he can to bring further investment into Cavan-Monaghan, particularly with this east-west corridor that is so badly needed.
In accordance with Standing Orders, I can take a question from another Member. I call on Deputy Brendan Smith.
The Minister rightly referred to the strategic study undertaken in the early 2000s that identified the potential of the route and the need for it to run through Sligo, Manorhamilton, Enniskillen, Belturbet, Cavan and Cootehill. In the meantime, the Cavan and Belturbet bypasses were constructed. They are integral parts of this route. In 2009, Cavan County Council, as the lead local authority, along with Monaghan and Louth county councils, appointed consultants with specific reference to the part of the route relating to Cavan, Cootehill, Shercock, Carrickmacross and Dundalk. Substantial money has already been spent on planning and design.
We will all go around in circles attending meetings about Brexit and the challenges it poses. The Minister needs funding to bring infrastructure up to a standard, particularly in the Border region where, for historical reasons, there was under-investment due to the Troubles on our doorstep. If our industries are to have any chance of remaining competitive with the particular challenges facing us in the Border area due to Brexit, we need modern infrastructure. People will ask what the Government should do in advance of Brexit. One thing it should do is make additional investment in necessary infrastructure to try to assist enterprises that already exist and create very valuable employment.
I thank Deputies Niamh Smyth and Brendan Smith for their special pleading, which is perfectly legitimate. This is what happens all the time, particularly in respect of roads. I do not want to give them any encouragement because the constraints on the purse are so huge but I understand the real problems in the Border areas, particularly in the light of Brexit. The Deputies have made a good case but, as I said, there is no provision in the capital plan for the east-west scheme. It is open to individual local authorities to progress the upgrade of sections of the route from their own resources. While the Deputies might query whether this project will be considered in the capital plan review in light of Brexit there are no proposals at present to do so given that the overall funding available under the review is limited to €2.65 billion across all sectors. The most that can be said is that while available funding is not sufficient to address all the demands for improvement schemes, including schemes such as the east-west link by the end of the capital plan period, capital funding for the road network is expected to be back up to the levels needed to support maintenance and improvement works. At that stage there will be more scope to consider projects such as the east-west link on a phased basis.
Noise Pollution Legislation
Clare Daly
Ceist:35. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 50 of 7 December 2016, if the statutory instrument or primary legislation to transpose EU Directive 598/2014 is imminent; and the date upon which either or both will be brought before the Oireachtas Joint Committee on Transport, Tourism and Sport for discussion. [6029/17]
This question relates to previous ones regarding the transposition of EU Directive 598/2014 on airport noise, a measure put forward, ironically, to benefit communities afflicted by airport noise but which is being met by the communities around Dublin Airport with some concern because the Dublin Airport Authority, DAA, plans to use this vehicle to overturn the existing conditions which will restrict night time flights on the new runway. Where do matter stand regarding the statutory instrument or primary legislation that will be necessary to give effect to this?
On 22 September last, I announced details of the manner in which EU Regulation 598/2014, on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions is to be implemented in Ireland. As I explained previously, this will require the introduction of a statutory instrument, which will see the Irish Aviation Authority, IAA, as the designated competent authority to oversee the shift towards a more prescriptive approach to noise management at Dublin Airport, in line with European and international civil aviation standards.
Before the IAA as competent authority makes any decision about noise-related operating restrictions at the airport, there will be an obligation for full public consultation and all stakeholders will be able to give their views. The IAA will have to organise consultation processes, including with local residents and local businesses, in a timely, substantive, open and transparent manner. All interested parties will be given at least three months to submit comments every time a change in the operation restrictions is proposed.
All obligations concerning environmental impact assessments will be met in relation to the impacts of airport noise. There will also be extensive collaboration with relevant stakeholders including An Bord Pleanála, the Environmental Protection Agency, the relevant planning authority, the airport operator and the air navigation service provider.
Officials in my Department are currently engaged with the Office of the Parliamentary Counsel in order to finalise the details relating to the statutory instrument which will transpose EU Regulation 598/2014. This is a complex area of work and one which requires a great deal of consideration with the aim of achieving an efficient and comprehensive regulatory regime for noise management at airports. The timing and extent of the primary legislation required will be guided by the advice received by Attorney General's Office.
Given that legislation on this topic will be of interest to the House, especially to Deputies living in the vicinity of Dublin Airport, I intend, as previously offered, to present my plans for any primary legislation to the Oireachtas Joint Committee on Transport, Tourism and Sport, at the earliest possible opportunity.
We are running in circles to stand still because my question was when might that happen and I am still none the wiser. The Minister laid great emphasis on the delivery of a statutory instrument to deliver these changes. In the final part of his reply, however, he referred to primary legislation. When we raised this matter previously, primary legislation was deemed to be required. When we inquired about the position in recent months, we were informed that the Attorney General was examining it. I am not sure about the Attorney General's productivity output but the Minister should ask her to get a move on because the people in the area are seriously concerned. Kevin Toland from the DAA addressed a conference last week and made it abundantly clear that the intention is to overturn the two conditions to restrict night-time flights contained in the planning permission relating to the new runway.
That is a no-go area for residents, who want to know what power their elected representatives will have to make an input into this process before it is handed over to the Irish Aviation Authority. I am still none the wiser. When will the statutory instrument be considered by the joint committee? Can we say with certainty that primary legislation will be needed as well?
The Deputy has a point about the delay. I regret the delay, which has arisen because the legal aspects of this matter are being looked at. I said I hoped to have it done by the end of the year. It is now five or six weeks late. I suppose in some ways it is indicative of the fact that the Office of the Attorney General is determined to ensure the rights of the people represented by Deputy Clare Daly are not infringed and are protected. I have always been determined to ensure the State monopoly does not ride roughshod over the rights of anyone, particularly the residents to whom the Deputy has referred. I hope this delay will be ended very shortly. I asked about it in preparation for Deputy Daly's question when I learned it was coming up. Primary legislation will be needed to alter the Planning and Development Acts to allow An Bord Pleanála and the Irish Aviation Authority to work together at the airport in future. It is not a major issue. I think there will be a statutory instrument. The legislation is not as urgent as the statutory instrument. When both of them come through, I will bring them to the House or the joint committee.
I am glad the Minister has recognised that the residents are facing huge uncertainty. It strikes me, not for the first time, that we might need a new Attorney General and a bit of an improvement on the homework brigade. The Minister has repeatedly given a commitment that the rights of the local community will not be reduced by the DAA. He has said there will be a consultative forum with the Irish Aviation Authority in the transposition of this directive. I wonder whether the forum group that represents the broad scale of the residents' groups in the area might be given a seat on the board or around the table during the consultation process. The Minister and all the local representatives have previously met members of the combined St. Margaret's group. Is he aware that the residents are having great difficulty in getting the daa to deliver on some of the homes that need to be bought out? I know the Minister has repeatedly put on the record his commitment to consultation with the local community. We are looking for some indication that this will be followed through in the statutory instrument and the primary legislation. Once that is in, the residents will be able to kiss goodbye to any form of autonomy or say.
In accordance with Standing Orders, I will allow Deputy Troy to ask a short supplementary question before I call the Minister for a final response.
Despite the answer the Minister has given us today, we are none the wiser on whether a statutory instrument will be used alone and exclusively to give the Irish Aviation Authority the authority to adjudicate on noise levels. Will primary legislation be required as well? It appears from the programme of legislation due before the Oireachtas, as published at the start of every session, that primary legislation in this regard is promised for later this year. I share Deputy Daly's concern about the need to ensure there is due process for the residents who live in close proximity to the airport. However, there is also an urgent need to get the second runway at Dublin Airport, which is critical infrastructure, commenced and built in the interests of economic development and tourism. It is regrettable that the Minister is not in a position to give a more concrete reply regarding what is needed and when it will be implemented.
Deputy Troy is right when he says there is a need for urgency. We need to get the second runway going because the airport is running at close to full capacity and could be running over capacity if we are not very careful. While I absolutely accept the need for urgency, I emphasise that there are conflicting rights here. Obviously, the Irish nation has the right to have a fully working economy and needs an airport that is working at capacity for those purposes. Residents also have rights, however, for example with regard to the noise issues. The delays in this regard have been caused by those conflicting rights. I assure the House that I understand the urgency in this regard. I am aware of it on a daily basis. I have made it quite clear that primary legislation will be introduced in alteration of the Planning and Development Acts to regularise the relationship between An Bord Pleanála and the Irish Aviation Authority. There will almost certainly be a statutory instrument as well. We are waiting to hear from the Attorney General on that.
Deputy Daly has proposed the novel idea that consumers and activists who are not part of the great and the good in these State monopolies should automatically be parachuted from on high onto State boards. Although I have made a suggestion in my new plan for appointments to State boards, I am not making any promises in this regard. I think there is a case for allowing ordinary consumers who use these services of organisations like the DAA and the Road Safety Authority, or are involved in a different way in these areas, to be put on the boards of such bodies. Vacancies on the board of the DAA will come up shortly. I will consider advertising in public for the users of these services to get involved. I am not making any promises with regard to political activists. I am not sure that would necessarily be-----
I want them to be involved with the Irish Aviation Authority as part of the consultative process.
Does the Deputy want them to be on that board as well?
No, instead.
Does the Deputy want to have them flying the airplanes as well?
We will take one step at a time.
We can start with this measure.
Driver Licence Data
Thomas P. Broughan
Ceist:36. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport his views on the procedures regarding the administering of driving licences, application of penalty points and the efficient sharing of necessary licence data between all agencies concerned with road safety; and if he will make a statement on the matter. [5890/17]
I understand the director of the Road Safety Authority, RSA, was in the House this morning. Since 2013, the authority has been responsible for administering driving licences through the National Driver Licence Service, NDLS. According to figures that were released in 2015, approximately 96% of drivers who are disqualified in court do not surrender their licences. The Irish Times recently reported on RSA figures that show "there are almost 8,000 drivers on Ireland’s roads who have multiple concurrent disqualifications on their licences but continue to flout the law by driving". I have asked the Minister about this matter previously. As he knows, it was the subject of an amendment I tried to move during the recent debate on the Road Traffic Bill 2016. The information technology systems used by the courts, the RSA and the Garda need to be closely aligned if we are to eliminate the huge lacuna in information on driving licences that seems to exist at present. This is a particular problem for the Garda.
I thank Deputy Broughan for his important question, which relates to an issue that needs to be addressed. I think the failure to co-ordinate information sufficiently is having an adverse effect on road safety. The licensing master plan that is to be introduced, as the Deputy knows, will assist in the fight against road deaths. The RSA is the licensing authority with responsibility for the NDLS, which commenced operation on 29 October 2013. Some 556,439 driver licence applications were received in 2016. The NDLS is an umbrella entity that encompasses three independent contractors - a front office, a back office and a card producer - which deliver distinct services resulting in the production of the plastic card licence. The presence of three separate entities adds to the complexity of the service. Handover issues among the three entities can lead to challenges in managing the NDLS contracts. These challenges were managed in 2016 and as a result, there is now a more streamlined approach between the three entities.
The penalty points system for driving offences was introduced in Ireland on 31 October 2002. Penalty point offences are recorded on a driving licence record if an individual is convicted of a driving offence that attracts penalty points. In the case of a fixed-charge notice for an alleged offence that attracts penalty points, the driver can opt to pay the fine rather than having the matter referred to the courts. Penalty points are endorsed on a driver record by the Department's national vehicle driver file, which is the record of fact for driving licences, on the direction of An Garda Síochána or the courts. When notification is received from An Post or the Courts Service, the appropriate points are recorded on the driving licence record.
Since the introduction of the penalty points system, there have been two primary reasons penalty points cannot be applied. These are that the penalty point offence record received from the Garda or Courts Service did not include a valid driver number or the offenders were the holders of foreign driving licences.
Additional information not given on the floor of the House
A 2014 Garda Inspectorate report recommended that a system be introduced to ensure all penalty points are endorsed on driving licences. The criminal justice working group recommended that integration of the vehicle and driver database components of the national vehicle and driver file, NVDF, system to assist with an optimum allocation of penalty points. It was proposed to create a system to link driving licence holders with one or more vehicles through an NVDF master licence record, MLR. The MLR programme team is investigating the options for populating the MLR electronically at various stages of the vehicle life cycle, including vehicle registration, motor tax renewal, insurance renewal and change of ownership.
This continues to be a massive problem. Road safety organisations, like the outstanding PARC, continually bring it to my attention that they believe the Garda PULSE system is outdated. There could be several recorded dates of birth for a person and different addresses. Unlike the Police Service of Northern Ireland, we do not have roadside hand-held devices.
I also asked the Minister about the process whereby the Road Safety Authority, RSA, and An Garda Síochána work together to establish the validity of a driving licence number and the number of inquiries received by the RSA. I notice the information sent by the Minister indicates there were just 1,268 Garda inquiries to the RSA in 2014, 1,425 in 2015 and 1,712 in 2016 and January 2017. As the Minister knows, these seem to be very low numbers considering the number of speeding cases before the courts around the country between January 2015 and October 2016, which yielded 14,572 convictions but just 6,165 had their licences recorded. There is a lacuna. I note this morning the Minister indicated he would introduce three or four new pieces of legislation. Why does he not address this issue once and for all? We could have done it in the road traffic Bill but we did not. I urge the Minister to take action. We must have a very clear stream of information.
We intend to address the issue in legislation this year. Although I probably will not be around for it, I have an ambition to introduce a master licence record of a very sophisticated nature. Maybe it will not be this year. Information on that will be available and checkable on one record or computer system. That will include vehicles, drivers, licences, insurance, tax, national car tax and all those elements in order that they can be compared immediately. The Deputy knows one of the current problems is even the vehicle and driver element do not talk to each other, which makes detection very difficult for gardaí. I see no reason for this somewhat antediluvian system, which obstructs detection and prevention of accidents and fatalities, not being amalgamated into one driver file. It is my ambition to do that and the Deputy would share that view.
I welcome the Minister's comments and he brought forward the road traffic Bill. We are also discussing the section 44 issue in the Courts (No. 2) Bill at the moment. There is a major deficit of information. I asked the Road Safety Authority about the information for when drivers informed it of a change of address or other change of details to the ten-year driving licence. I am still waiting for that. In the UK the legislation has a fine of up to £1,000 for failing to inform the Driver and Vehicle Licensing Agency of a change of address. There are major actions that could be taken via legislation or statutory instrument to progress this. I have asked many times if the RSA has successfully undertaken a matching exercise to match a conviction with a specific driving licence when a licence number was not recorded in court on conviction. I have been waiting for that information for the past number of months. It is a critical area if we are to make an impact on the horrendous figures for last year, when 188 people died on the roads.
In accordance with Standing Orders, I will allow a short supplementary question from Deputy Wallace.
I commend the Minister on refusing to make promises given that the Government is probably not going to last very long anyway, especially given that the loss of a second Garda Commissioner is imminent. Fair play to the Minister and credit where it is due.
I do not know if the Minister will respond to that.
Go on, do.
I do not know how to respond to that. I am not sure it is a road traffic question. Nevertheless, any compliment from the Deputy is most welcome.
Your last response invited the question.
Thank you. There are many holes that need to be plugged. It is quite staggering how the records on insurance - who is insured or not - are a shambles. As I am sure the Deputy is aware, under a system abandoned in 2014, people were coming up in the automatic number plate recognition system as being uninsured when they had just changed insurance companies. Perhaps that is one of the reasons we have such a huge estimate for the number of uninsured people in the country. Perhaps it is correct but the figure was 150,000 at one stage. That may be a result of the fact that the collection of information is so flawed. The Deputy mentioned people changing addresses and that we do not know where people live in certain circumstances. That could be addressed and we will address it with a great deal of urgency not just in legislation but also by encouraging the various State agencies in this regard.
Traffic Management
Catherine Connolly
Ceist:37. Deputy Catherine Connolly asked the Minister for Transport, Tourism and Sport his plans to alleviate traffic problems in Galway city, in view of Transport Infrastructure Ireland's report showing traffic volumes going into Galway city are up by almost 2,000 vehicles per day and, in particular, the traffic congestion at Parkmore industrial estate; and if he will make a statement on the matter. [6106/17]
Towards a National Planning Framework is an excellent document that identifies a number of elements, including the importance of the transition to a low-carbon society. It mentions a number of cities, including Galway, which could be exemplars of low-carbon living through more sustainable mobility and energy efficiency. In this context I ask the Minister to make a statement about the intolerable position in Galway, which has 96,000 vehicles at any given peak time. That is rising by 2,000 vehicles daily.
I thank Deputy Connolly for her question. As Minister, I have responsibility for policy and funding relating to public transport. Traffic management in Galway and other cities is the responsibility of the relevant local authority.
I am advised by the National Transport Authority, NTA, that a transport strategy for Galway city was prepared by the National Transport Authority in partnership with Galway City Council and Galway County Council during 2016. That transport strategy set out an overall framework for the development of transport infrastructure and services in Galway city and its environs over a 20-year period. The strategy has been included in the new city development plan, which was adopted by the city council and came into force on 7 January 2017. I understand the transport strategy sets out the ambition for a vibrant city centre with through traffic rerouted around the central core area and improved pedestrian and cycling facilities. It also provides for an enhanced bus network, the development of park and ride sites at suitable locations and the construction of the Galway city outer bypass. Overall, the strategy represents a coherent and integrated set of proposals aimed at addressing the transport needs of the city and its surrounding areas.
With regard to congestion issues at Parkmore, I am told that Galway City Council, funded through the NTA under my Department's regional cities grant programme, has appointed a design team to examine options for possible short-term actions to address access into the business park, in addition to identifying a longer-term solution. Proposals for short-term interventions will be identified and assessed by the council by the end of February. Depending on the funding implications, I understand it may be possible to commence some of the smaller measures during 2017. It will be later in 2017 before the longer-term proposals are available. The funding requirement for the longer-term proposals is likely to be significant, and this will have to be examined in the overall budgetary context.
I am disappointed with the answer as the Minister has a very important role in climate change mitigation measures. There is a proposal in Galway to go ahead with a project that will cost €600 million for 16.5 km of road that cannot be built in the near future. The outer bypass has already hit a cul-de-sac and we are going down a second one. We are failing in Galway and we need Government direction to say these projects are not complying with Government policy on sustainable development and a transition to a low-carbon economy. In the long and short term, it will cost the Government money. The Irish Fiscal Advisory Council has pointed this out and the Stern report from way back in 2006 also pointed it out.
It is really time to show leadership. This is a golden opportunity for Galway to lead the way with sustainable transport. In my view, that is light rail, but I am open to bus transport or a combination of same. We need leadership from the Government on this matter.
The N6 Galway city ring road is a component of the Galway transport strategy. It is being managed by Galway County Council on behalf of the city and county councils. The proposed N6 Galway city road comprises 11.8 km of dual carriageway between the existing N6 at Coolagh to the existing Ballymoneen Road and then continues as a single carriageway.
The planning and route selection process for the N6 started in 2014 following the successful legal challenge related to the interpretation of the habitats directive of the earlier An Bord Pleanála decision. The scheme business case is under preparation by Galway County Council for submission to this Department and the Department of Public Expenditure and Reform. In view of the successful legal challenge to the previous scheme on environmental grounds, confirmation across departments of support for the project is likely to be sought once the business case and cost benefit analysis have been assessed. For a project of this scale, the requirements in the public spending code and the Department's capital appraisal framework mean that Government sign-off on the project will be required.
I am unsure whether the Minister is aware of it, but the road he is referring to cannot be built within the coming five to seven years, even with the best will in the world. The road covers 16.5 km at a colossal price of €590 million, in addition to the €40 million already spent.
The proposed road project has now frozen two thirds of the 18 ha of residential zoned land bought at the height of the Celtic tiger. Two thirds of the 18 hectares of land purchased by Galway City Council is now frozen in a city with a major housing crisis. All of this is being done for a road that will lead to increased emissions rates and is not in compliance with Government policy to transition to low carbon.
I appeal to the Minister to show vision for Galway city and to lead the way in sustainable transport. Even if the road was the solution, it cannot be built in the near future. We need to lift 96,000 vehicles off the road in addition to the congestion at Parkmore. Over 6,000 people are employed there and approximately the same number of cars emerge from the industrial estate at peak times every day. This is directly as a result of bad planning.
The Deputy may be aware that I was down in Galway in recent weeks. I think Deputy Connolly was invited to come along.
No, I was not, actually.
I am sorry if she was not. I apologise for that because she should have been.
I was not.
That is my fault. I had thought all Deputies were invited. I apologise for that. I will come again. If Deputy Connolly wants to meet me, then I would be delighted.
I became somewhat familiar with some of the problems when I was there. I recognise that they are serious and that there is a role for the State. Certainly, we should recognise the problems there in a tangible way.
This is a major issue and it is as difficult for us as it is for the representatives from Galway. I became somewhat familiar with what happened at Parkmore. The problem will be difficult to resolve because the local authority is allowed to undertake business development without transport. This presents us with a difficulty. It is a local authority problem.
Fáilte Ireland Staff
Alan Kelly
Ceist:38. Deputy Alan Kelly asked the Minister for Transport, Tourism and Sport to outline the reason he sanctioned the use of €58,556 by Fáilte Ireland in its recruitment of the new chief executive; the reason he allowed Fáilte Ireland to operate outside of the Public Appointments Service; and if this will be common practice throughout all the organisations under his Department. [6036/17]
In the recent past the Minister has sanctioned the appointment of a new chief executive of Fáilte Ireland. In doing so, the Minister allowed Fáilte Ireland to go outside the public appointments system to hire a private company. Fáilte Ireland tendered for the assignment and it cost the taxpayer €58,556.
Why did the Minister sanction this? Why did the Minister sign off on it? Why did the Minister waste taxpayer money? Will this be common practice in Fáilte Ireland or throughout the agencies under the Department?
I thank Deputy Kelly for tabling this topical, useful and relevant question. The cost of the recruitment process is a matter for the organisation in question. In this case, the National Tourism Development Authority, Fáilte Ireland, did not require or seek my approval for costs associated with the recruitment of the new chief executive officer. This is a matter for the authority.
I will set out some background. The consent of the Minister for Public Expenditure and Reform to fill the chief executive post was sought by my Department with sanction being received early in 2016. This sanction was subject to a number of conditions, including the condition that the filling of the post be by means of an open competition.
The legislation underpinning the authority does not require it to use the Public Appointments Service for this. Likewise, the code of practice for the governance of State bodies, recently revised, does not require PAS to be used.
Following consideration by the authority, it was decided to undertake the recruitment process through a private recruitment firm rather than through the Public Appointments Service.
The authority has assured me that the search and selection processes undertaken were robust and thorough. Moreover, it has assured me that all candidates went through the same rigorous transparent process and were dealt with in a fair manner.
Future appointments of chief executive officers will continue to be made in accordance with the code of practice for the governance for State bodies and any legislation relevant to the body in question.
While the cost of the recruitment process is a matter for the authority, the authority has provided a breakdown of the figure that Deputy Kelly produced.
I have it.
I thought it might be helpful for the Deputy to know, if he does not already know, that the advertising cost €23,972, including VAT, and recruitment cost €34,594.
I thank the Minister. That was the answer I expected. I do not buy this rubbish to the effect that this was done before the Minister started. Actually, it was done in April and the Minister took up office in May. I would have expected that someone who chased these issues from the seats above not so long ago would have stopped this process and ensured that the PAS was used.
I have several questions for the Minister. Was it a good use of taxpayer money to waste €58,000, seeing as the authority could have used PAS? Does the Minister expect all the agencies under his Department to use PAS in future? Will the Minister oblige those agencies to save taxpayer money by using PAS? Will Fáilte Ireland be using PAS in future? Under the process signed off by the Department, why did the Minister not have confidence in anyone from his Department, for example, the Secretary General or the relevant assistant secretary, both of whom I know and support? Did the Minister not have sufficient confidence in these people to allow them to sit on the interview panel?
Of course the authority could have used the Public Appointments Service. Fáilte Ireland was perfectly at liberty to do so. However, the authority is also at liberty to go outside PAS. It is not necessarily always the right course to go through PAS. If an organisation is looking for a particular type of person, it could use an agency specialising in that area.
We leave these things to the agencies. That is the point. That is why we have a board and chairman. That set-up allows the authority to make these selections. The board, chaired by Michael Cawley, in whom I have great confidence, decided that it wanted to go to an outside recruitment company. It is perfectly legitimate for the board to make that decision. The board knows it will cost money from the budget. The board may take the view that it represents value for money. If that is the view of the board, then I am satisfied that it can proceed in that way. PAS exists for a specific purpose. It is to be used in the vast majority of cases, although not all cases. It is a matter of discretion for the chairman in respect of what route he goes. That is fine.
I would appreciate if the Minister answered the questioned I asked. He did not say he has confidence in PAS.
I raised this issue previously. At the time, the Minister had not even met representatives from Fáilte Ireland. It took the Minister six months or so to meet representatives from Fáilte Ireland. Under the Acts, the authority has to get the Minister to sign off on the chief executive and the procedure. Fáilte Ireland brought this to the Minister but he had not even met representatives from Fáilte Ireland at that stage. I do not have confidence in the process conducted.
Fáilte Ireland is actually advertising positions on PAS now. It seems to have changed its belief system in terms of how it goes about recruitment, which is very interesting.
As a former journalist and a former Opposition Member, Deputy Ross would have waxed lyrical about the waste of money that is going on here. Ultimately, Fáilte Ireland is funded by the taxpayer and it is wasting €58,000 on a recruitment process that can be done professionally and as well, if not better, by PAS. Does the Minister have confidence in PAS? Will it be used by the other agencies or is the Minister going to continue to allow the waste of taxpayers' money when we have a perfectly good process that is used by almost everyone else in the public system?
The Deputy asked me in whom I have confidence. I have full confidence in the Secretary General and all of the other senior and junior staff in my Department. I have absolutely no reason not to put them in positions of authority and responsibility and I will continue to do so, where it is appropriate. I also have full confidence in PAS. That said, it is case of horses for courses. In some instances, it is useful while, in others, it is more appropriate to go elsewhere. I have full confidence in the chairman of Fáilte Ireland as well. Indeed, I have full confidence in everybody the Deputy has mentioned so far. To suggest that I am, undermining these systems in some way is incorrect. All I am saying, very simply-----
It is costing the taxpayer a great deal of money.
-----is that this is a matter for the chairman and the board of Fáilte Ireland.
The taxpayer loses.
If they want to go outside the PAS, that is their decision. That is their job.
US Travel Restrictions
Mick Barry
Ceist:39. Deputy Mick Barry asked the Minister for Transport, Tourism and Sport his views on the impact of President Trump's executive order banning refugee entry and the entry of persons from seven named states into the United States on the pre-clearance service at Dublin and Shannon airports; the practical co-operation authorities here would have to provide to facilitate such entry refusals; and if he will make a statement on the matter. [5826/17]
My question relates to the executive order in the US and the travel ban. This might seem to be less of a burning issue now in light of the federal court's decision to strike down the order. However, the question still stands and I would like the Minister to answer it, particularly given El Presidente's determination to get his way. The fact that he has tilted the numbers on the US Supreme Court means that this may well become a very live issue again quite soon. I ask the Minister to reply in that light.
I thank Deputy Barry for his question. I do not think it is irrelevant; it is a good question. I strongly disagree with the policy recently announced by President Trump to temporarily ban travel to the US by nationals of certain countries. As Deputy Barry knows, there is currently a suspension in place for this executive order, which is the subject of an appeal at a US federal appeals court, the outcome of which is awaited.
The pre-clearance facilities at Dublin and Shannon airports are within Irish jurisdiction and the laws of Ireland apply at all times. This is expressly confirmed at Article II(5) of the pre-clearance agreement. Given the fact that US law does not apply, provision is made at Article II(6) of the agreement to confirm that passengers who wish to avail of pre-clearance do so on condition that they recognise and consent to the right of the US to grant or refuse pre-clearance in accordance with its laws.
No Irish official has any role in determining eligibility of admission to the United States at the pre-clearance facilities in Dublin and Shannon airports.
If a person is refused leave to board a US-bound flight, the person then becomes the responsibility of An Garda Síochána, which deals with them in line with Irish law and in accordance with the full human rights protections that apply. A refusal at US pre-clearance has no impact on the rights available to refugees or persons seeking asylum in Ireland. If they apply for asylum they will be dealt with in the normal way or if they wish to return to their point of origin, they will be facilitated. These are issues for Irish immigration authorities in which US officials have no role. It should also be noted that my Department does not have responsibility for policy relating to international refugees.
I ask the Minister to detail the number of people - beyond the one individual about whom we already know- who were stopped at the pre-clearance facilities in our airports. How do the Irish authorities become involved when such a decision is made? The Minister has been among the most vocal, if not the most vocal, of all Cabinet members in his disapproval of El Presidente. Uniquely among Cabinet Ministers, he opposed the Taoiseach paying the latter a visit on St. Patrick's Day. The credibility of his call on the Taoiseach would be greatly enhanced if he indicated his willingness to take decisive action to end the pre-clearance facilities at Dublin and Shannon should such a blatant Islamophobic arrangement be put in place again. Such a move might be hailed internationally and seen in the same light as the decision of the Speaker of the House of Commons, Mr. John Bercow, not to give permission for President Trump to address the British Houses of Parliament. Would the Minister be prepared to consider making such a stand?
No, I would not. The two issues are not related, I am afraid. In terms of the stand I took, I was determined that my views would be known, not so much about the executive order made by Trump, of which I thoroughly disapprove, but about the issue of torture. I found it difficult to accept that we should give any kind of credence to a US President who had approved of torture. To me, it is uncivilised and barbaric.
I note that the radical left councillors on Dublin City Council attempted to have an emergency motion debated on Monday night last. Unfortunately, they were ruled out of order. The motion proposed that Dublin be declared a sanctuary city in solidarity with the sanctuary cities across the US, where the local authorities have indicated that they will not co-operate with racist, anti-migrant measures and have run the risk of federal de-funding. Dublin being a sanctuary city would mean, in practice, that refugees and migrants who have no status in Ireland and who are blocked at our airports would be taken care of here. This is something that the Minister should raise with his ministerial colleagues as a matter of urgency. Would the Minister be prepared to do so?
In accordance with Standing Orders, I will allow Deputy Troy to ask a short supplementary question.
The Taoiseach indicated last week that he had commissioned a review of the operation of pre-clearance at Dublin and Shannon airports. I understand that this is not an issue for the Irish authorities. How pre-clearance operates at both Shannon and Dublin airports is an issue for the US authorities. In that context, has the review been shelved? The pre-clearance facilities at both Shannon and Dublin airports are of major economic benefit to this country. Any threat to cease the operation of pre-clearance would harm this country, our citizens and the passengers who use both airports.
I will respond to Deputy Troy's question first. A review was undertaken, with responsibility spread across three Departments, namely, that for which I have responsibility and the Departments of Foreign Affairs and Trade and Justice and Equality. As we speak, the findings are being collated in the Department of Justice and Equality and the review will be in the Taoiseach's office by the end of the week. The review went ahead because issues were raised by members of Deputy Mick Barry's party which have to be addressed, including: questions on how pre-clearance operates; the rights of various people who fly into Dublin airport but are refused pre-clearance; in which jurisdiction such people then stand and whose laws apply to them; and the rights of An Garda Síochána. There are all sorts of complicated issues that are being addressed. The review will be on the Taoiseach's desk by the weekend.
I am sorry but I have forgotten Deputy Barry's question.
My question was about sanctuary cities.
I will ensure that members of the Government are aware of Deputy Barry's views on that issue.
I must apologise to Deputy Eamon Ryan who has waited very patiently to ask his question. Unfortunately, under Standing Orders, I do not even have discretion in the matter.
Written Answers are published on the Oireachtas website.