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Tuesday, 7 Jul 2015

Written Answers Nos. 570-592

Road Traffic Legislation

Ceisteanna (571, 575)

Clare Daly

Ceist:

571. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport if there are any regulations for the operation of rickshaws, including requirements for licensing, insurance or any order regulations to ensure road safety; his plans in this area; and if he will make a statement on the matter. [27154/15]

Amharc ar fhreagra

Maureen O'Sullivan

Ceist:

575. Deputy Maureen O'Sullivan asked the Minister for Transport, Tourism and Sport if he is satisfied that there are adequate regulations in place to regulate rickshaws in Dublin, including those with battery powered motors. [27192/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 571 and 575 together.

Currently, rickshaws are not specifically defined in law, nor is there any legislation to regulate carriage of passengers by these vehicles.  Rickshaws fall subject to road traffic legislation and must obey the rules of the road. 

The insurance provisions of the Road Traffic Acts apply to mechanically propelled vehicles.  There is no legal requirement under the legislation for rickshaws which are pedal cycles to be insured. Any vehicles that are powered other than by human effort do fall subject to insurance requirements.

Dublin City Council has written to me regarding the need to regulate rickshaws from a number of perspectives but primarily health and safety on the basis that the type and extent of regulation proposed would appear to go beyond what a local authority would usually wish to regulate by bye-laws under the Local Government Act 2001. The Council sought that provision be made through primary legislation to regulate the operation of rickshaws.

As it is a requirement that a Regulatory Impact Assessment (RIA) be prepared in respect of any proposal to Government seeking permission to regulate through primary legislation, and given that rickshaws are a local matter, I have responded to the Council that it would be appropriate that the Council  prepare a RIA. The purpose of the RIA is to establish more clearly the issues that need to be addressed and the kind of regulatory initiative that is most appropriate to deal with those issues. The RIA would include, amongst other things, an assessment of the measures that could be adopted within the existing bye-law making powers of local authorities and also help determine whether any proposal for primary legislation should be dealt with as a matter of road traffic legislation or local government legislation.

Any questions about progress in that regard might be directed to the Council.

Bus Éireann Services

Ceisteanna (572)

Anne Ferris

Ceist:

572. Deputy Anne Ferris asked the Minister for Transport, Tourism and Sport if he will confirm that the tendering process for bus services to be privatised will include a requirement for successful bidders to accept the free travel pass; and if he will make a statement on the matter. [27156/15]

Amharc ar fhreagra

Freagraí scríofa

The issue raised is a matter for the National Transport Authority (NTA) and I have forwarded the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.

Coras Iompair Éireann

Ceisteanna (573)

Michael Fitzmaurice

Ceist:

573. Deputy Michael Fitzmaurice asked the Minister for Transport, Tourism and Sport the provision under which certain employees of Iarnród Éireann (details supplied) were admitted into the Córas Iompair Éireann pension scheme; if their admittance required legislative intervention; if so, the legislation under which they were admitted; the names of others who may have been admitted under the same provision; and if he will make a statement on the matter. [27164/15]

Amharc ar fhreagra

Freagraí scríofa

The issue raised is a matter for Córas Iompair Éireann and I have forwarded the Deputy's question to the company for direct reply.  Please advise my private office if you do not receive a response within ten working days.

Railway Stations Upgrade

Ceisteanna (574)

Seán Kenny

Ceist:

574. Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport if he will request the chief executive officer of Iarnród Éireann to have works (details supplied) carried out at Howth Junction-Donaghmede Dart Station in Dublin 13; if he will provide a timeframe within which the works will be completed; and if he will make a statement on the matter. [27178/15]

Amharc ar fhreagra

Freagraí scríofa

The issue raised is a matter for Irish Rail and I have forwarded the Deputy's question to the company for direct reply.  Please advise my private office if you do not receive a reply within ten working days.

Question No. 575 answered with Question No. 571.

Driver Licences

Ceisteanna (576)

Jerry Buttimer

Ceist:

576. Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport the reason there are delays in exchanging New Zealand driving licences for Irish driving licences; the efforts being made to reduce these delays; and if he will make a statement on the matter. [27207/15]

Amharc ar fhreagra

Freagraí scríofa

This is an operational issue for the National Driver Licensing Service operated by the Road Safety Authority.  I have therefore referred the question to the Authority for direct reply.  I would ask the Deputy to contact my office if a response has not been received within ten days.

Driver Licence Applications

Ceisteanna (577)

Jerry Buttimer

Ceist:

577. Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport if he will provide an update on an application for a driving licence in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [27208/15]

Amharc ar fhreagra

Freagraí scríofa

The operation of the National Driver Licensing Service is the statutory responsibility of the Road Safety Authority, and I have no role in individual cases.  I have therefore referred the question to the Authority for direct reply.  I would ask the Deputy to contact my office if a response has not been received within ten days.

Irish Airlines Superannuation Scheme

Ceisteanna (578)

Michael McGrath

Ceist:

578. Deputy Michael McGrath asked the Minister for Transport, Tourism and Sport the current position facing deferred members of the Irish Airlines (General Employees) Superannuation Scheme in terms of their future pension benefits; the steps that will be taken to assist the deferred members to protect their pension benefits; and if he will make a statement on the matter. [27236/15]

Amharc ar fhreagra

Freagraí scríofa

Firstly, I must again make it clear that the IASS and its funding are primarily matters for the Trustees, the companies participating in the scheme, the scheme members and the Pensions Authority.  

The Expert Panel established last year was tasked to find the fairest way to distribute the burden of resolving the current deficit in the scheme.  As a result of that process, the total contribution proposed by the employers aimed at resolving the IASS difficulties amounted to over €260m.  This included almost €20m in extra funding proposed by the employers in addition to the €40m already made available for deferred members, bringing the full amount for this group to €60m. 

Prior to signing the Commencement Order in November last year and following requests on behalf of deferred members for additional funds to be made available by the employers, I contacted the employers who confirmed that the funding proposed was the maximum that could be achieved.  It should also be noted that there is no legal obligation on the employers to increase their contributions in the IASS.

The funding solution proposed by the IASS trustee was approved by the Pensions Authority and was implemented on 31 December 2014 with the freezing of the scheme and a reduction in pensions.  The IASS trustee made it clear to me that it considered that these measures were in the overall best interest of the members of the IASS as a whole and were fully compliant with National and EU law.  

The reason for the State having any role at all in this private scheme was to facilitate an outcome, which, although not ideal, was preferable than the alternatives, including the likelihood of a wind-up of the scheme.

I understand that the deferred members are particularly affected by the coordination of their pension with the State pension as they have left service.  However, while there may have been an expectation of uncoordinated pensions, the reality is that uncoordination was neither funded by the members nor the employers.  Only those members who have paid for uncoordination will maintain that under the current provisions.  

I am very conscious of the difficulties these necessary changes cause for many scheme members, including the deferred members, and I want to emphasise that the decisions I have made with regard to IASS have been taken with the best interests of all members in mind.

Traffic Management

Ceisteanna (579)

Terence Flanagan

Ceist:

579. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport the research that has been conducted, or proposed, into whether the proposed vehicular restriction for certain vehicles around College Green in Dublin 2 will confer an unfair competitive advantage to all transport providers other than taxis; and if he will make a statement on the matter. [27252/15]

Amharc ar fhreagra

Freagraí scríofa

The National Transport Authority (NTA) is responsible for strategic transport planning in the Greater Dublin Area (GDA).

Noting this I have referred the Deputy's question to the NTA for direct reply.  Please advise my private office if you don't receive a reply within 10 working days.

Sports Capital Programme Applications

Ceisteanna (580)

Tony McLoughlin

Ceist:

580. Deputy Tony McLoughlin asked the Minister for Transport, Tourism and Sport the amount of sports capital funding which has been allocated to counties Sligo, Leitrim, Cavan and Donegal since 2011; and if he will make a statement on the matter. [27307/15]

Amharc ar fhreagra

Freagraí scríofa

Details of all sports capital allocations are available on the Department's website www.dttas.ie.

Road Projects Expenditure

Ceisteanna (581)

Tony McLoughlin

Ceist:

581. Deputy Tony McLoughlin asked the Minister for Transport, Tourism and Sport the amount of funding his Department has allocated to local authorities in counties Sligo, Leitrim, Cavan and Donegal for road improvements and upgrades since 2012; the amount of funding the National Roads Authority has been allocated for national upgrade projects in these same counties; if he will provide a list of these upgrades; and if he will make a statement on the matter. [27308/15]

Amharc ar fhreagra

Freagraí scríofa

Details of the regional and local road grant allocations and payments to county councils for 2012, 2013 and 2014 are outlined in the regional and local road grant allocation and payment booklets which are available in the Dáil Library.  Details of the 2015 regional and local road grant allocations to each county council are also available in the Dáil library. With regard to national roads, details of the allocations to each local authority are available in the Dáil library.  However, details of the actual drawdown of funding for these roads are a matter for the National Roads Authority. Noting the above position, I have referred the Deputy's question to the NRA for direct reply.  Please advise my private office if you don't receive a reply within 10 working days.

Departmental Funding

Ceisteanna (582)

Jerry Buttimer

Ceist:

582. Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport the amount of funding that has been provided to Cork city and county for sustainable transport projects, including cycle lanes, over the past four years; and if he will make a statement on the matter. [27310/15]

Amharc ar fhreagra

Freagraí scríofa

My Department awarded funding to Cork City and County Councils for a range of sustainable transport projects in the period referred to by the Deputy.  Detail in respect of the various projects is set out in the following table.  While applications were also submitted as part of funding calls for projects under both the Active Travel Towns and National Cycle Network Programmes for the period 2014-2016, the number of applications received far outweighed the available resources and it was not possible to award any associated funding to projects in the Cork area.

Year

Project

Funding initiative

Grant amount

2011

Frankfield-Grange - Bellview Pedestrian Project

Jobs Initiative

172,186

2011

Bridown (Mitchelstown) Pedestrian Access

Jobs Initiative

49,835

2011

Maulbaun Safer Pedestrian Environment

Jobs Initiative

21,808

2011

Leap Village - Improved Permeability

Jobs Initiative

30,023

2011

Cycle Stands at 24 locations in Cork City

Jobs Initiative

99,984

2012

Development of Walking & Cycling Strategies for Bandon, Fermoy, Kinsale, Youghal

Active Travel Towns - Stream 1

60,000

2013

Seed finance to develop proposals for Greenways at Ballinascarthy to Courtmacsherry and Cork to Kinsale

Seed Finance Scheme 2013

60,000

The National Transport Authority (NTA) is responsible for the provision of sustainable transport measures and cycling infrastructure in Cork City. I have copied your request to the NTA for attention and direct response to you.  If you have not received a response within 10 working days, please contact my private office.

Road Projects

Ceisteanna (583)

Jerry Buttimer

Ceist:

583. Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport if he will provide an update on the Carrigaline western relief road in County Cork; the amount of funding that has been provided to date; the total expected cost; the expected timeframe for completion; and if he will make a statement on the matter. [27311/15]

Amharc ar fhreagra

Freagraí scríofa

My Department gave a commitment in 2010 to contribute a maximum of €3.7 million of the estimated land acquisition costs of €7.4 million related to the proposed Carrigaline Western Relief Road or 50% of the cost, whichever is the lesser, and this commitment is being honoured.

To date €2.05 million has been paid to Cork County Council in respect of the Carrigaline Western Relief Road.  An allocation of €1.65 million is being given this year which represents the balance of the outstanding commitment.

Due to the constrained budget available to my Department for roads, it has been necessary to curtail the Strategic Roads Grants Scheme for the moment.  There is, therefore, no commitment in place to provide grant funding towards the cost of construction for this project.

It is important to reiterate that the role of Exchequer grants for regional and local roads is to supplement the resources of Councils. It is, therefore, open to Cork County Council to fund this project from its own resources.

Public Bike Schemes

Ceisteanna (584)

Jerry Buttimer

Ceist:

584. Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport if he will consider extending the Cork bike scheme to include all areas of the Cork city, including Douglas and Togher; and if he will make a statement on the matter. [27312/15]

Amharc ar fhreagra

Freagraí scríofa

The administration and expansion of the public bike scheme in Cork and the other regional cities of Galway and Limerick is a matter for the National Transport Authority (NTA). The scheme was launched in Cork in December 2014 - 31 bike stations are in place with 330 bikes in circulation.

I am forwarding your request to the NTA for direct response in relation to future expansion plans of the scheme in Cork.  If you have not received a response within 10 working days, please contact my private office.

Sports Capital Programme Applications

Ceisteanna (585)

Tom Fleming

Ceist:

585. Deputy Tom Fleming asked the Minister for Transport, Tourism and Sport if he will examine the application by Muckross Rowing Club in County Kerry for a capital sports grant, as it is a traditional and long-standing club serving a huge community and a growing young population; and if he will make a statement on the matter. [27336/15]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that an application has been submitted by the organisation referred to by the Deputy under the 2015 Sports Capital Programme and the Deputy's support for the project is noted.

I expect to announce allocations later this year.

Harbour Authorities

Ceisteanna (586)

Richard Boyd Barrett

Ceist:

586. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport further to previous Parliamentary Questions (details supplied), the reason there is no record in either the High Court or the Circuit Court of any court action being initiated by Dún Laoghaire Harbour Company and the person concerned; if this suggests either Dún Laoghaire Harbour Company is misleading him, or is Dáil Éireann being misled; and if he will make a statement on the matter. [27406/15]

Amharc ar fhreagra

Freagraí scríofa

As I have previously advised, the payment of expenses to directors is a matter for Dun Laoghaire Harbour Company in accordance with the Code of Practice for the Governance of State Bodies. I understand that the Company has taken legal action to recover the amounts outstanding but has not instigated court proceedings.

As this matter is the subject of legal proceedings instigated by the Company, it would be inappropriate for me to comment any further in this regard.

Harbour Authorities

Ceisteanna (587, 588, 589, 590)

Richard Boyd Barrett

Ceist:

587. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport further to previous Parliamentary Questions (details supplied), the way in which Dún Laoghaire Harbour Company arrived at its decision that it had the authority-power to establish a company without the knowledge of its shareholders, something which is not in compliance with the Harbour Act 1996, the very Act which established Dún Laoghaire Harbour Company; and if he will make a statement on the matter. [27407/15]

Amharc ar fhreagra

Richard Boyd Barrett

Ceist:

588. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport if he is aware that persons (details supplied) were on the board of Dún Laoghaire Harbour Company; his views that their actions represented a fundamental breach of trust between him, as the shareholder, and the directors involved, and if their position is now untenable; and if he will make a statement on the matter. [27408/15]

Amharc ar fhreagra

Richard Boyd Barrett

Ceist:

589. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport if he will confirm the date persons (details supplied) were appointed as directors of the Irish International Diaspora Centre Trust Limited; and if he will make a statement on the matter. [27409/15]

Amharc ar fhreagra

Richard Boyd Barrett

Ceist:

590. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport further to previous Parliamentary Questions (details supplied), the reason the Irish International Diaspora Centre Trust Limited, as shown in the Dún Laoghaire Harbour Company profit and loss accounts for the years 2012 and 2013, shows that €67,904 and €120,234 respectively was owed to Dún Laoghaire Harbour Company, if the Irish International Diaspora Centre Trust Limited did not trade; and if he will make a statement on the matter. [27410/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 587 to 590, inclusive, together.

As I have previously advised  in December 2011, Dun Laoghaire Harbour Company informed the Department that it was establishing a new company to be known as the Irish International Diaspora Centre Trust. The Company was immediately informed of its statutory requirements as regards the establishment of subsidiaries.

The Company replied that, while the entity proposed was a new company, it was not a subsidiary as defined within the Harbours Acts and therefore the requirement for Ministerial consent did not exist.

Regardless of legal technicalities as regards the status of the Trust, my Department has been consistently clear that the Company should seek Ministerial consent and noted that the Code of Practice for the Governance of State Bodies also requires Ministerial consent in respect of any intended action which would extend or change significantly the nature, scope or scale of the activities in which it engages.

A Company proposal to utilise the AGM in 2012 as a mechanism to gain Ministerial consent was rejected by officials as being procedurally incorrect.

The Department required the Company to ensure that the Trust remained non trading and without share capital until such as time as the proper consents had been secured.

In July 2014, my predecessor wrote to the Company to highlight his concerns at the approach adopted by it with regard to meeting the corporate governance standards expected of State bodies. In November 2014, I met with, and subsequently wrote to, the Company and during these exchanges again raised the issue of Ministerial consent in respect of the diaspora project.

The amounts referred to by the Deputy for 2012 and 2013 relate to expenditure incurred in the development of the diaspora prototype, and as of 31 December 2014, there were no outstanding balances due from the Irish International Diaspora Centre Trust to Dun Laoghaire Harbour Company.  The Company has informed me that the entity known as The Irish International Diaspora Centre Trust is being wound up.  

I can confirm that the directors referred to in the Deputy's question were appointed to the Board of the Irish International Diaspora Centre Trust on 28 November 2011.

Driver Licences

Ceisteanna (591)

Eric J. Byrne

Ceist:

591. Deputy Eric Byrne asked the Minister for Transport, Tourism and Sport the location where Irish full and provisional driving licences are printed, produced and processed; and if he will make a statement on the matter. [27475/15]

Amharc ar fhreagra

Freagraí scríofa

This is an operational matter for the National Driver Licensing Service, which is the statutory responsibility of the Road Safety Authority.  I have therefore referred the question to the Authority for direct reply.  I would ask the Deputy to contact my office if a response has not been received within ten days.

Road Projects

Ceisteanna (592)

Derek Keating

Ceist:

592. Deputy Derek Keating asked the Minister for Transport, Tourism and Sport the support he will provide to an important infrastructural development by EirGrid (details supplied) in County Dublin; and if he will make a statement on the matter. [27510/15]

Amharc ar fhreagra

Freagraí scríofa

Firstly I would like to explain that the improvement and maintenance of regional and local roads, in its area, is a statutory function of each road authority 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.

Arising from the introduction of the Local Property Tax and the Government commitment that local authorities will retain 80% of the tax revenues, South Dublin County Council became self funding under the main road grant categories from 2015.

As regards decisions on investment for new Strategic projects, this is wholly dependent on the availability of additional funding for my Department.

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