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Tuesday, 21 Oct 2014

Written Answers Nos. 592-609

Irish Water Expenditure

Ceisteanna (592)

Barry Cowen

Ceist:

592. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide in tabular form, the costs of a contract (details supplied) for Irish Water in 2014 and estimated in 2015 and 2016; and the number of staff employed by the company in its Irish Water contract in 2014 and estimated in 2015 and 2016. [40465/14]

Amharc ar fhreagra

Freagraí scríofa

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. On 30 May 2013, Irish Water announced that it had appointed Abtran Ltd, Cork, to operate all customer contact channels and associated general administration. The contract is for a five year period (2013-2018) and was awarded following a competitive tender process. As such the financial value of the contract is commercially sensitive.

This contract covers the provision of customer care to approximately 1.6 million domestic and business public water service users. The staff employed as full time equivalents over the 5 year contract (2013-2018) will range from 100-500. The peak of staff will be from September 2014 to September 2015 to respond to customer queries related to domestic water charges, and there are currently just under 500 staff engaged on the contract.

Irish Water Expenditure

Ceisteanna (593)

Barry Cowen

Ceist:

593. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide in tabular form the costs of contract of external agencies entered into by Irish Water in 2014, 2015 and 2016. [40466/14]

Amharc ar fhreagra

Freagraí scríofa

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. I have asked Irish Water to compile the information requested and to forward it to the Deputy as soon as possible.

Local Authority Rates

Ceisteanna (594)

Willie Penrose

Ceist:

594. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government the steps available to a person whose business closed down at the end of 2005 and due to health problems has not been in positions to pursue any employment in the said business, but still receives demands for rates from their local authority and whose application for a revision of the situation be de-rated is made subject to a revisions fee of €250; and if he will make a statement on the matter. [40477/14]

Amharc ar fhreagra

Freagraí scríofa

Local authorities are under a statutory obligation to levy rates on the occupiers of rateable property in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The valuation determined by the Commissioner is fixed on a property and generally does not change from year to year, unless the valuation is revised or revalued in the normal course of that office’s work. Part 6 of the Valuation Act 2001 provides that a revision of the valuation of a particular property may only be carried out if a "Material Change of Circumstances" has taken place since the property was last valued. The application and management of this process is a matter entirely for the Commissioner of Valuation and the Valuation Office.

The Local Government Act 1946 provides that where a property is unoccupied on the date of the making of the rate, the owner becomes liable for rates. However, the owner is entitled to a refund if the property is vacant for specified purposes i.e. if the premises are unoccupied for the purpose of additions, alterations or repairs; where the owner is bona fide unable to obtain a suitable tenant at a reasonable rent; and where the premises are vacant pending redevelopment. The collection of rates and the determination of eligibility for a refund in this context are matters for each individual local authority.

Pension Provisions

Ceisteanna (595)

Terence Flanagan

Ceist:

595. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources the position regarding ESB pensions (details supplied); and if he will make a statement on the matter. [40420/14]

Amharc ar fhreagra

Freagraí scríofa

While this is a matter for the management and staff of the ESB, and not a matter in which I have a function, I welcome the opportunity to address the matter. The ESB General Employees’ Superannuation Scheme is the scheme through which pensions for the majority of employees in the electricity business are funded. The fund is vested in trustees nominated by ESB and its members for the sole benefit of employees and their dependents. The Scheme is a defined benefit scheme and is registered as such with the Pensions Authority (formerly the Pensions Board). The Trustees of the ESB scheme, with the agreement of ESB, submitted a funding plan for the Scheme to the then Pensions Board, which was approved in October 2012.

The 2013 ESB Annual Report stated that the pension scheme does not have a deficit on an ongoing actuarial basis, and while it would have a deficit in a wind-up situation ("Minimum Funding Standard"), the funding plan which was approved by the Pensions Board was to resolve this deficit by 2018. This plan is on track and there are no plans to wind up the scheme. Should a deficit arise in the future, the obligation on the company, as set out in the Scheme regulations, to consult with the parties to the Scheme remains unchanged.

The issue of management of and attendance at meetings convened in respect of operation of the pension scheme is a matter for the Trustees of the Pension Fund and not one in which I have a role or function.

Departmental Staff Redeployment

Ceisteanna (596)

Dara Calleary

Ceist:

596. Deputy Dara Calleary asked the Minister for Communications, Energy and Natural Resources if he will provide in tabular form, the number of civil servants in his Department who have designated a County Mayo venue as their preference for a transfer; the numbers who have moved to the county in each year since 2011; and if he will make a statement on the matter. [40894/14]

Amharc ar fhreagra

Freagraí scríofa

My Department has no record of any employees who have designated County Mayo as their preference for a transfer. No member of staff in my Department has transferred to Mayo since 2011.

Taxi Regulations

Ceisteanna (597)

Dessie Ellis

Ceist:

597. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport if an LPSV licence holder, while on rest period may legally operate a SPSV vehicle for hire. [39758/14]

Amharc ar fhreagra

Freagraí scríofa

The National Transport Authority (NTA) has responsibility for the regulation of the small public service vehicle (SPSV) industry under the provisions of the Taxi Regulation Act 2013. I have referred your question to the NTA for its consideration and direct reply to you. Please advise my private office if you do not receive a response within 10 working days.

Taxi Regulations

Ceisteanna (598)

Dessie Ellis

Ceist:

598. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport if he has met with any of the taxi application companies in order to encourage safety measures such as automated rest periods. [39759/14]

Amharc ar fhreagra

Freagraí scríofa

I have met with several representatives of the small public service vehicle (SPSV) industry and a range of issues have been discussed. I have not met with the companies that are providing apps related to SPSV services. The specific issue of automated rest periods has not been raised with me.

The Road Safety Authority is actively promoting safety awareness among all drivers including in particular the importance of professional drivers being cognisant of the safety issues arising from fatigue and the need to take measures to avoid fatigue while driving.  

Superannuation Schemes

Ceisteanna (599, 600)

Billy Timmins

Ceist:

599. Deputy Billy Timmins asked the Minister for Transport, Tourism and Sport the position regarding the Irish airlines superannuation scheme in respect of a person (details supplied); and if he will make a statement on the matter. [39789/14]

Amharc ar fhreagra

Finian McGrath

Ceist:

600. Deputy Finian McGrath asked the Minister for Transport, Tourism and Sport if he will resolve the issue of the proposed cuts of 60% of the pension entitlements of deferred members by the trustees of the Irish aviation superannuation scheme by amending the 2009 Pensions Act in order to regroup deferred pensioners with pensioners in payment as has been the case up to 2009 through the provisions of the Social Welfare and Pension (No. 2) Act 2013; if he will not sign the ministerial order and enforce the requirement in the 2014 Act for trustee to have due regard to all member interests; if he will stop the victimisation of IASS deferred members here as those members in the United Kingdom and deferred members prior to 2009 will not be subject to the proposed cuts; and if he will make a statement on the matter. [39872/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 599 and 600 together.

Resolution of the funding difficulties of the IASS is primarily a matter for the Trustee, the companies participating in the scheme, the scheme’s members and the Pensions Authority. The process currently underway involves all of these stakeholders, including the deferred members.

I can assure you that I do understand the concerns of the deferred members in relation to the funding of the scheme. However, such matters are governed in the first instance by the trust deed and rules of a pension scheme. In this regard the trustees of the scheme must, in the management of the scheme, act in the best interests of all scheme members and beneficiaries.   Trustees of a pension scheme must also comply with the provisions in the Pensions Act 1990 which, among other things, sets down certain requirements in relation to the funding of pensions scheme. The funding requirements under the Pensions  Act essentially provide a ‘health check’ on the  funding level in a pension scheme and provide an indication to the trustees that action is required if the funding level falls below the requirements of the Act. Matters relating to the provisions in the Pensions Act are the responsibility of my colleague, the Tánaiste and Minister for Social Protection. I understand that a number of  changes have been made to the Pensions Act in recent years to assist, and to provide additional options to, employers and the trustees of pension schemes to address the funding challenges facing many schemes.

I understand that where a pension scheme operates across EU Member States, the employees who are employed in a different Member State (i.e., the host Member State) may be subject to certain provisions (i.e., the social and labour law relevant to the field of occupational pensions) in that Member State which may provide for a different level of protection of pension rights.

In their discussions with the deferred members, the Expert Panel explained that the process was an industrial relations process and that responsibility for dealing with the deferred members of the scheme rested with the IASS Trustee through engagement with the employers. Notwithstanding that strict legal position, the Panel recommended, inter alia, that the IASS Trustee engage with the employers on ways to alleviate as much of the impact of the Trustee proposal as is possible whilst also recognising the overall affordability to the employers of the proposals for active and deferred members. As a result of that Report, there was an uplift in the monies to be provided by the employers outside of the IASS, a significant proportion of which is intended for the deferred members and which goes a long way towards mitigating the benefit cuts proposed by the IASS Trustee.

The IASS Trustee and the principal employers have recently issued documents in respect of the proposed changes in pension arrangements. These communications mark the commencement of the formal consultation process which the Trustee is required by the Pensions Act 1990 to undertake in respect of the reductions in benefits that it is proposing. Each member will also have received by now a personalised illustration of future pension benefits. All members have been invited to send their views on the proposals to the IASS Trustee by 27 October 2014. The target date for implementation of the proposals remains 31 December 2014.

Huge efforts have been put in by all concerned over many years in an attempt to resolve the scheme's funding problems. A set of clear proposals has now been put forward which offer the best chance to resolve the long-standing problems of the scheme and resolve members’ uncertainties about their future pension entitlements. I would urge all parties to accept them.

International Agreements

Ceisteanna (601)

Jerry Buttimer

Ceist:

601. Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport when the agreement on the mutual recognition of driving licences between Ireland and Ontario will become operational; and if he will make a statement on the matter. [39981/14]

Amharc ar fhreagra

Freagraí scríofa

The agreement between Ireland and Ontario on mutual recognition of driving licences is a reciprocal arrangement. The agreement has been signed by both parties and will come into force as soon as the necessary legal and administrative preparations have been completed in both jurisdictions.

Ireland is ready to implement the agreement and I understand that the authorities in Ontario will be ready to implement it in the very near future.

Superannuation Schemes

Ceisteanna (602)

Finian McGrath

Ceist:

602. Deputy Finian McGrath asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding an Irish airlines superannuation scheme issue; and if he will make a statement on the matter. [40038/14]

Amharc ar fhreagra

Freagraí scríofa

The Deputy is asking me to make a statement on an e-mail sent to me by a member of the public on 9 October last. I can confirm to the Deputy that the e-mail has been received by my office and will be responded to shortly.

Road Traffic Offences

Ceisteanna (603)

Eoghan Murphy

Ceist:

603. Deputy Eoghan Murphy asked the Minister for Transport, Tourism and Sport if he will consider introducing mandatory on-the-spot fines for cyclists in breach of the rules of the road; and if he will provide that fines may be collected at the time of levying, as in other European countries, including where necessary, escorting the cyclist to the nearest ATM. [40085/14]

Amharc ar fhreagra

Freagraí scríofa

The Road Safety Strategy (RSS) 2013-2020 contains a commitment to bring road traffic offences by cyclists within the fixed charge notice regime. On a point of information, there are no longer 'on the spot' fines for road traffic offences. The fixed charge notice system replaced on the spot fines under the terms of the Road Traffic Act 2002.

My Department is currently working on the preparation of a new Road Traffic Bill and I intend to include provisions to extend the fixed charge notice system to cycling offences, in line with the commitment in the RSS, in that Bill. I expect to submit the General Scheme of the Bill to Government for its consideration shortly and thereafter to the Joint Oireachtas Committee on Transport and Communications for pre-legislative scrutiny.

Penalty Points System

Ceisteanna (604, 605)

Pat Deering

Ceist:

604. Deputy Pat Deering asked the Minister for Transport, Tourism and Sport in view of recent announcements to increase the penalty points for not having a current NCT test, if his attention has been drawn to the fact that the current waiting time to obtain an appointment is upwards of two months; and if he will make a statement on the matter. [40181/14]

Amharc ar fhreagra

Pat Deering

Ceist:

605. Deputy Pat Deering asked the Minister for Transport, Tourism and Sport the amount of time that he considers to be a reasonable delay between seeking an appointment for an national car test and an available test date, during which time car owners are exposed to possible penalties due to a failure beyond their control, of the appointed operators of the test system to meet the current demand; and if he will make a statement on the matter. [40182/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 604 and 605 together.

I would point out for the Deputy that it has always been an offence to use a vehicle without a valid NCT certificate and currently this is a 'straight-to-court' offence which attracts 5 penalty points on conviction. However, section 10 of the Road Traffic Act 2014, when commenced shortly, will bring this offence within the Fixed Charge Payment System and will attract 3 penalty points on payment of the Fixed Charge.

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), the Road Safety Authority has responsibility for the delivery of the National Car Test. The RSA has overall responsibility for the operation, oversight, development, quality assurance and delivery of vehicle testing arrangements.

I am advised that any car owner will receive an appointment within 28 days. I understand that, in order to meet this standard, in some cases, the National Car Testing Service (NCTS) holds requests on a waiting list until a suitable slot is found. In the majority of cases, customers are given a slot within the required timescale. However, if a slot is not found within 28 days, the test should be offered free of charge.

Also, to further facilitate demand, an NCT may be undertaken up to 90 days in advance of the test due date without affecting the expiry date of the new certificate. This system is in place to ensure that owners have ample time to have their vehicle tested before their current NCT certificate expires.

The RSA informs me that it is in a favourable position to deal with current demand and that the NCTS has been testing record numbers to date in 2014, with the number of vehicles tested each month being approximately 12% higher than in the corresponding months in 2013.

Road Tolls

Ceisteanna (606)

Clare Daly

Ceist:

606. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport if he will confirm that installation of cables by the National Roads Authority for the multi-tolling of the M50 has been continuing for more than a year under the auspices of maintenance of the M50; the costs of this exercise; and if this expenditure was authorised by his Department. [40227/14]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual road projects  is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. Furthermore, the statutory power to levy tolls on national roads such as the M50, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads is vested in the National Roads Authority (NRA) under Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act 2007).

Noting the above position, I have referred the Deputy’s question to the NRA for direct reply. Please advise my private office if you do not receive a reply within 10 working days.

Road Projects

Ceisteanna (607)

Brendan Smith

Ceist:

607. Deputy Brendan Smith asked the Minister for Transport, Tourism and Sport if provision is made in the Estimates for his Department for 2015 to progress the proposed Narrow Water Bridge project; and if he will make a statement on the matter. [40279/14]

Amharc ar fhreagra

Freagraí scríofa

The improvement and maintenance of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from local authorities own resources supplemented by State road grants paid by my Department. The initial selection and prioritisation of works to be funded is also a matter for the local authority.

It is disappointing that the Narrow Water Bridge tender process resulted in a doubling of the initial costs budgeted for by the project partners for the construction of the bridge.

Given budgetary constraints, my Department could not take on full responsibility for the increased project cost and the significant risks involved in the project. While the Department was willing to consider assisting with the shortfall, this was explicitly contingent on significant contributions from other parties, including the Northern Ireland Executive. These commitments were not forthcoming within the timescale required for the INTERREG IVA programme.

Last month I met with officials from Louth County Council to discuss alternative plans being worked on by the local authority to advance the Narrow Water Bridge project. It is a matter for Louth County Council to further develop its proposal including the need for an economic appraisal to be undertaken in addition to an assessment of alternative funding arrangements for such a scheme. Accordingly, no specific provision has been included in my Department's 2015 Estimate for such an alternative project. My Department continues to operate within a very constrained budget and the priority, therefore, has to be road maintenance and renewal rather than new projects.

Shannon Airport Facilities

Ceisteanna (608)

Clare Daly

Ceist:

608. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 380 of 14 October 2014, the nature of the munitions on board each aircraft, and the safety and security measures in place to safeguard at Shannon against accident or attack in view of the US use of Shannon and its present campaign of bombings in Iraq and Syria. [40308/14]

Amharc ar fhreagra

Freagraí scríofa

The Deputy's question relates to aircraft landing at Shannon airport in the past year that were permitted to carry munitions on board by my Department. The operators of the aircraft in question are all civil operators and as I have explained previously, my Department consults with the appropriate authorities on all applications in relation to aviation safety, security and foreign policy considerations. It is not the practice to comment on the nature of cargo on individual flights operated by civil airlines.

National security is a matter for an Garda Síochána.

In terms of aviation security at Irish airports, this is governed by EU Regulation, specifically Council Regulation (EC) 300/2008 and Commission Regulation (EU) 185/2010. These Regulations have been transposed into Ireland’s National Civil Aviation Security Programme (NCASP).

It is not the practice to comment on specific security measures in place or that may be implemented at the State’s airports.

Roads Maintenance

Ceisteanna (609, 612)

Tom Fleming

Ceist:

609. Deputy Tom Fleming asked the Minister for Transport, Tourism and Sport if he will provide the necessary funding to carry out emergency remedial work to road subsidence on a dangerous traffic hazardous section of the R570 Barraduff to Glenflesk road stretching from Knockanes, Headford to Curreal, Glenflesk; and if he will make a statement on the matter. [40325/14]

Amharc ar fhreagra

Tom Fleming

Ceist:

612. Deputy Tom Fleming asked the Minister for Transport, Tourism and Sport if he will provide the necessary funding to carry out emergency remedial work to road subsidence on the traffic hazardous 200 metre stretch of the N72 Rathmore to Killarney road west of Barraduff village; and if he will make a statement on the matter. [40379/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 609 and 612 together.

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual road projects, such as the N72 is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for the NRA in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred the Deputy’s question regarding the N72 to the NRA for direct reply. Please advise my private office if you don’t receive a reply within 10 working days.

The improvement and maintenance of regional and local roads (such as the R570) is the statutory responsibility of each local authority, in this case Kerry County Council in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from local authorities' own resources supplemented by State road grants. The selection and prioritisation of works to be funded under the Council's maintenance and rehabilitation works programme is a matter for the local authority and is decided at local level.

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