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Thursday, 2 Mar 2017

Written Answers Nos. 318 - 340

Regulatory Impact Assessment Data

Ceisteanna (318)

Niall Collins

Ceist:

318. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the legislative proposals published by his Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by his Department that did not undergo a regulatory impact assessment; and if he will make a statement on the matter. [11145/17]

Amharc ar fhreagra

Freagraí scríofa

The following Bills published by my Department in the period 2011 to 2016 underwent regulatory impact assessment - Veterinary Practice (Amendment) Bill 2011, Welfare of Greyhounds Bill 2011, Animal Health and Welfare Bill 2012, Forestry Bill 2013, Johnstown Castle Agricultural College (Amendment) Bill 2014 and the Horse Racing Ireland Bill 2015.  The Foreshore (Amendment) Bill 2011 was the only Bill published by my Department in the period in question that was not subject to a regulatory impact assessment.  It was introduced to provide clarity following the transfer of some the foreshore functions to the then Dept. of Environment, Community and Local Government.

Regulatory Impact Assessment Use

Ceisteanna (319)

Niall Collins

Ceist:

319. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if regulatory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11160/17]

Amharc ar fhreagra

Freagraí scríofa

The impacts mentioned are part of the regulatory impact assessment process and were considered in the development of the Bills subjected to that process.

Areas of Natural Constraint Scheme Payments

Ceisteanna (320)

Pat the Cope Gallagher

Ceist:

320. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine when an areas of natural constraint, ANC, payment will issue to a person (details supplied); the reason for the delay; and if he will make a statement on the matter. [11175/17]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2016 Areas of Natural Constraint (ANC) Scheme was received in my Department from the person named on 29 April 2016.

Under the 2016 ANC Scheme, eligible applicants are required to have met a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months and to maintain an annual average of 0.15 livestock units calculated over the twelve months of the scheme year. 

Payment under the ANC scheme has not issued in this case as, at this stage, the holding concerned has not satisfied the scheme’s minimum stocking density requirements of seven consecutive months.  An official from my Department has been in direct contact with the nominated agent for the person named regarding this matter.

Broadcasting Sector Regulation

Ceisteanna (321)

Donnchadh Ó Laoghaire

Ceist:

321. Deputy Donnchadh Ó Laoghaire asked the Minister for Communications, Climate Action and Environment if amateur boxing is included in any of the required free-to-air agreements regarding sports events with RTÉ. [10855/17]

Amharc ar fhreagra

Freagraí scríofa

Amateur boxing is included in the Summer Olympics which is designated as an event of major importance to society to be made available for broadcasting on a free to air basis.

 The events currently designated by Order (S.I. 99/2003 since 2003) are as follows:

Live:

- The Summer Olympics

- The All-Ireland Senior Inter-County Football & Hurling Finals

- Ireland’s home and away qualifying games in the European Football Championship and the FIFA World Cup Tournaments

- Ireland’s games in the European Football Championship Finals Tournament and the FIFA World Cup Finals Tournament

- Ireland’s games in the Rugby World Cup Finals Tournament

- The Irish Grand National and the Irish Derby

- The Nations Cup at the Dublin Horse Show

Deferred:

- Ireland’s games in the Six Nations Rugby Football Championship.

Postal Codes

Ceisteanna (322, 323)

Aengus Ó Snodaigh

Ceist:

322. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Climate Action and Environment if his attention has been drawn to the fact that the Eircode website was down for approximately 24 hours over the weekend of 25 and 26 February 2017; and his views on the matter. [10874/17]

Amharc ar fhreagra

Aengus Ó Snodaigh

Ceist:

323. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Climate Action and Environment his views on the fact that a piece of national infrastructure such as the Eircode website can have a 24-hour outage; and if consideration will be given to a more resilient offline global positioning service-based code for emergency services as a back-up. [10875/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 322 and 323 together.

Capita Business Support Services Ireland, trading as Eircode, was awarded a 10 year contract in December 2013 to develop, implement, maintain and promote the National Postcode System "Eircode".

My Department referred the issue raised by the Deputy to Capita who have informed my officials that the Eircode Finder website, which remains very popular with the public with just under 10 million searches since the finder went live, was fully operational and not affected by the technical issues experienced by the Eircode website. The Eircode website is used to provide information about the Eircode system, including a directory of Eircode Business Providers.      

The National Ambulance Service (NAS) have integrated Eircodes into their own Computer Aided Dispatch system (CAD) and were not impacted. Having the Eircode integrated within the NAS system means that the patient’s address and the position of the nearest available ambulance can be accurately pinpointed on a digital map. Enabling an ambulance to quickly and accurately be routed to someone in need of medical help. In addition, Google now integrate Eircodes within their Google Maps app, both offline and online for use with GPS devices, was unaffected by the outage.  

The Eircode website is now fully operational and Capita have informed my Department that the technical issues they experienced is currently being investigated and their engineers are monitoring the situation.

Brexit Issues

Ceisteanna (324)

Timmy Dooley

Ceist:

324. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the communications he has held with his UK counterpart with regard to the decision of the UK to withdraw from Euratom; and if he will make a statement on the matter. [11094/17]

Amharc ar fhreagra

Freagraí scríofa

The decision of the UK Government to withdraw from the Euratom Treaty was confirmed on 26 January, 2017 on the publication of the Bill seeking Parliamentary approval to issue notification of the UK’s intention to withdraw from the EU. I have not, as yet, received any correspondence or engaged with my UK counterpart on this matter. Officials in my Department are examining the consequences of this decision and, over the coming months, will engage as appropriate with the UK Department for Business, Energy and Industrial Strategy and the UK Office for Nuclear Regulation, through the UK-Ireland Contact Group on Radiological Matters. A regular bi-annual meeting of this group is scheduled for late April where the matter will be discussed and further discussions will be arranged as appropriate.

There are no immediate safety or security concerns as the UK remains a member of Euratom and the UK nuclear industry remains subject to oversight by the EU institutions until such time as their withdrawal from the EU is finalised, a process expected to take at least two years following notification. 

The UK also applies the strict international standards on nuclear safety and security laid down by the International Atomic Energy Agency, and that will continue to be the case post Brexit.

Carbon Budget

Ceisteanna (325)

Timmy Dooley

Ceist:

325. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the status of reforms to the emissions trading scheme directive post-2021; and if he will make a statement on the matter. [11095/17]

Amharc ar fhreagra

Freagraí scríofa

The Emissions Trading Scheme (ETS) is one of the main policies of the European Union to reduce greenhouse gas (GHG) emissions in a cost-effective manner. Emissions Trading is a "cap and trade" scheme, whereby an EU wide cap or limit is set for participating installations. This cap is reduced over time so that total emissions are reduced. Within this cap, "allowances" for emissions are auctioned or allocated for free. Individual installations must report on their emissions on an annual basis and surrender sufficient allowances to cover their emissions, purchasing additional allowances if necessary.

The ETS includes 11,000 installations (98 in Ireland) and accounts for roughly 45% of EU emissions (25% of Irish emissions). The ETS was launched in 2005 and is currently in its third phase, covering the period 2013 to 2020.

Negotiations are currently under way regarding the design of the ETS for the post-2020 (Phase IV) period. On the basis of European Commission proposals, Member States in the Council, including Ireland, have been engaged in negotiations to ensure that the reformed ETS is able to meet its GHG reduction objectives in a cost-effective manner.

At a meeting of the Environment Council on 28 February, agreement was reached on a general approach on the revised ETS proposal, a position Ireland was able to support. This will now enable the Council to begin negotiations with the European Parliament on the proposal. It is currently anticipated that this process will reach a conclusion later this year.

Broadband Service Provision

Ceisteanna (326)

Brendan Smith

Ceist:

326. Deputy Brendan Smith asked the Minister for Communications, Climate Action and Environment the details of plans to upgrade the broadband telecommunications infrastructure in an area (details supplied); if the requests of local residents and local business to have an adequate and modern broadband service provided in that area without further delay will be given urgent and favourable consideration; and if he will make a statement on the matter. [11105/17]

Amharc ar fhreagra

Freagraí scríofa

The National Broadband Plan (NBP) aims to deliver high speed broadband services to every city, town, village and individual premises in Ireland. The Programme for Government commits to the delivery of the NBP as a matter of priority.  This is being achieved through a combination of commercial investment by the telecommunications sector and a State Intervention in those areas where commercial investment has not been fully demonstrated.

  A key principle of the NBP is to support and stimulate commercial investment through policy and regulatory measures. Commercial investment since the publication of the NBP has considerably exceeded expectations. To date, the commercial telecommunications sector has invested over €2.5bn in upgrading and modernising networks which support the provision of high speed broadband and mobile telecoms services. 

There has been significant progress in relation to broadband rollout so that today, approximately 1.4m or 61% of premises in Ireland can get high speed broadband of a minimum of 30 Megabits per second. The NBP has been a catalyst in encouraging investment by the telecoms sector, which is continuing to expand this footprint.

The High Speed Broadband Map, which is available at www.broadband.gov.ie shows the current extent of the State Intervention area: 

- The areas marked BLUE represent those areas where commercial telecommunications providers are either currently delivering or have previously indicated plans to deliver high speed broadband services,

- The areas marked AMBER on the High Speed Broadband Map represent the target areas for the State Intervention, which are the subject of the current procurement process. It is intended that premises within this area will have access to services of at least 30 megabits per second when the procurement process is completed and the network rolled out.  

The area of Latton, Co. Monaghan falls within the AMBER area and will therefore be included in the State intervention procurement process.

Individuals can check whether their premises is in a BLUE or an AMBER area by accessing the High Speed Broadband Map and entering their Eircode. Individuals can also check whether their area is in a BLUE or AMBER area by accessing the county and townland information at http://www.dccae.gov.ie/communications/en-ie/Broadband/Pages/County-and-Townland-Maps.aspx.

A formal procurement process is in train to select a company or companies who will roll-out a new high speed broadband network within the State Intervention Area. My Department will shortly update the High Speed Broadband map to finalise the Intervention Area for the Procurement process, taking into account industry investments that have not materialised in Blue areas, together with new industry investments within the proposed State Intervention Area, along with concrete and credible commitments by industry for further new investments within the Intervention Area.

The procurement process is being intensively managed, to ensure an outcome that delivers a future-proofed network that serves homes and businesses across Ireland, for at least 25 years. Intensive dialogue with bidders is continuing and the three bidders have indicated that they are proposing a predominantly fibre-to-the-home solution. This provides for a future proofed solution for the 25 years of the contract and beyond.  A fibre-to-the-home solution means that householders and businesses may get speeds not just of 30 Megabits per second but much higher, potentially up to 1000 Megabits per second. 

The timeframe for the procurement continues to be dependent on a range of factors including the complexities that may be encountered by the procurement team and bidders, during the procurement process. During the Department's extensive stakeholder consultations in 2015, telecommunications service providers indicated a 3-5 year timeline to rollout a network of the scale envisaged under the NBP.

As part of the competitive process, the Department will engage with winning bidder(s) on the best rollout strategy, in order to target areas of particularly poor service, business needs and/or high demand. This will need to be balanced with the most efficient network rollout plan. A prioritisation programme will be put in place in this regard, in consultation with the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs. A detailed rollout plan for the network will be published once contract(s) are in place.

The Programme for Government also commits to measures to assist in the rollout of the network once a contract is awarded.

In this regard, I and Minister Humphreys established a Mobile Phone and Broadband Taskforce in July 2016.  The findings of this Taskforce recommends practical actions that can be taken to remove barriers to and improve mobile phone and broadband access in Ireland. The Taskforce report is available at the following link:http://www.dccae.gov.ie/communications/en-ie/Pages/Publication/Report-of-the-Mobile-Phone-and-Broadband-Taskforce.aspx .

Minister Humphreys has established two regional action groups, working with Local Authorities, Local Enterprise Offices and other relevant agencies to unlock barriers to investment in mobile and broadband services.  Since July, there has been significant progress made in discussions with the key stakeholders including local authority management representation, Government Departments and State agencies, as well as interaction with ComReg and telecoms operators.

I have signed Regulations allowing ComReg to proceed with the allocation of spectrum in the 3.6GHz band, in early 2017. This will provide an 86% increase in total spectrum available for mobile and fixed wireless services. I have also secured €8m for RTE which will allow it to free up the 700MHz spectrum band, to provide enhanced mobile services.  

These investments should assist in significantly improving the coverage and quality of broadband and mobile voice and data services throughout the country including County Monaghan.

Regulatory Impact Assessment Data

Ceisteanna (327, 328)

Niall Collins

Ceist:

327. Deputy Niall Collins asked the Minister for Communications, Climate Action and Environment the legislative proposals published by his Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by his Department that did not undergo a regulatory impact assessment; and if he will make a statement on the matter. [11148/17]

Amharc ar fhreagra

Niall Collins

Ceist:

328. Deputy Niall Collins asked the Minister for Communications, Climate Action and Environment if regulatory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11163/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 327 and 328 together.

My Department undertakes Regulatory Impact Assessments (RIA) in accordance with the procedures set out in the RIA Guidelines published by the Department of the Taoiseach in June 2009. The impact categories in the RIAs have adhered, as appropriate, to those outlined in the RIA Guidelines. 

The following is the list of legislative proposals published by my Department between March 2011 and 2016 in respect of which Regulatory Impact Assessments were undertaken:

- The Energy (Miscellaneous Provisions) Bill 2011, enacted on the 25 February 2012. A RIA for the Energy (Miscellaneous Provisions) Bill 2011 was published with the Bill on the 27 September 2011.

- The Gas Regulation Bill 2013, enacted on the 3 December 2013. A RIA on the Gas Regulation Bill 2013, setting out the policy context and rationale for the implementation of full ownership unbundling, including for the sale of Bord Gáis Energy, was prepared. Some of the material contained in the RIA was considered to be commercially sensitive in light of the ongoing transaction process. Therefore, it has not been published at this stage.

- The ESB (Electronic Communications Networks) Bill 2014, enacted on the 18 March 2014. A RIA was completed in respect of the Bill and was published on my Department’s website.

- The Energy Bill, enacted on the 30 July 2016. A RIA for the Energy Bill 2016 was completed and published on my Department’s website.

- The Minerals Development Bill 2015 was published on the 9 July 2015 and is currently going through the Oireachtas.  A Regulatory Impact Assessment was undertaken and published on my Department’s website.

- The general scheme of the Geothermal Energy Development Bill was approved by Government on 13 July 2010.  The general scheme was published along with a Regulatory Impact Assessment.

- Climate Action and Low Carbon Development Bill 2015.  A RIA was completed in respect of the Bill and was published on the Department of Housing, Planning, Community & Local Government website.

- Climate Action and Low-Carbon Development Bill 2014.  A RIA was completed in respect of the Bill and was published on the Department of Housing, Planning, Community & Local Government website.

- EU Directive - Draft European Communities (Greenhouse Gas Emissions Trading) Regulations 2011.  A RIA was completed in respect of the Regulations and was published on the Department of Housing, Planning, Community & Local Government website.

- The Petroleum (Exploration and Extraction) Safety Act 2015, enacted on the 22 July 2015. A RIA was completed in respect of the Bill and was published on my Department’s website.

- The Communications Regulation (Postal Services) (Amendment) Bill 2015 was published 02 July 2015. A RIA was completed in respect of the Bill and was published on my Department’s website.

- Environment (Miscellaneous Provisions) Bill, 2014 (Reform of Household Waste Collection Provisions).  A RIA on Household Waste Collection was published in July 2012.

- The Communications Regulation (Postal Services) (Amendment) Bill 2016  was published 22 December 2016 and is currently going through the Oireachtas. A RIA was completed in respect of the Bill but as some of the material contained in the RIA is considered to be commercially sensitive it has not been published.

- Radiological Protection (Miscellaneous Provisions ) Bill 2014. A RIA was produced with reference to the elements of the Bill which provided for the incorporation of the Amendment of the Convention on the Physical Protection of Nuclear Material into Irish law.  It was not necessary to conduct a RIA on the merger of the Radiological Protection Institute of Ireland and the Environmental Protection Agency as this was required by an existing Government decision.

The following primary legislative proposals published by my Department did not undergo a regulatory impact assessment.

- The Access to Central Treasury Funds (Commission for Energy Regulation) Bill 2011, enacted on 23 of November 2011. No Regulatory Impact Analysis (RIA) was required for this Bill.

- The Electricity Regulation (Carbon Revenue Levy)(Amendment) Bill 2012, enacted on the 25 of May 2012. This was emergency legislation on foot of a Supreme Court Decision and therefore was exempt from RIA requirements.

- Environment (Miscellaneous Provisions) Act 2011.

- Environment (Miscellaneous Provisions) Act 2015.

The following is a list of the secondary legislation in respect of which regulatory impact assessments were undertaken.

S.I No

Title

S.I. No. 687 of 2011

European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011.

S.I. No. 320 of 2013

Radiological Protection Act 1991 (Responsible and Safe Management of Spent Fuel and Radioactive Waste) Order 2013.

The following is a list of additional secondary legislative proposals which did not undergo a regulatory impact assessment.  These statutory instruments relate to transposition of Directive 2009/28/EC on the promotion of the use of energy from renewable sources, which was subject to extensive consultation and also to transposition of the 2012 Energy Efficiency Directive for which no regulatory impact assessment was required. A thorough public consultation on the transposition of the Directive was however conducted in 2013.

 SI No. 

 Title/Description

S.I. No. 147/2011

European Communities (Renewable Energy) Regulations 2011.

S.I. No. 148/2011

 Sustainable Energy Act 2002 (Section 8(2)) (Conferral of Additional Functions — Renewable Energy) Order 2011.

S.I. No. 32/2012

Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Section 3) (Commencement) Order 2012.

S.I. No. 33/2012

European Union (Biofuel Sustainability Criteria) Regulations 2012

S.I. No. 158/2012

Sustainable Energy Act 2002 (Section 8(2)) (Conferral of Additional Functions - Renewable Energy) Order 2012.

S.I. No. 562/2012 

National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2012.

S.I. No. 482/2014

Sustainable Energy Act 2002 (Conferral of Additional Functions - Renewable Energy)(Amendment) Order 2014.

S.I. No. 483/2014

European Union (Renewable Energy) Regulations 2014.

S.I. No. 225/2016

National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2016.

S.I. No. 581/2016

European Union (Renewable Energy) (Amendment) Regulations 2016.

S.I. No. 131 of 2014

European Union (Energy Efficiency Obligation Scheme) Regulations 2014

S.I. No. 426/2014

European Union (Energy Efficiency) Regulations 2014

S.I. No. 634/2016

European Union (Energy Efficiency Obligation Scheme) (Amendment) Regulations 2016. 

S.I. No. 646/2016 

European Union (Energy Efficiency) (Amendment) Regulations 2016.

S.I. No. 155 of 2011

European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for Use by Non-Road Mobile Machinery, including Inland Waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011.

S.I. No. 180 of 2011

Air Quality Standards Regulations 2011.

S.I. No. 263 of 2011  

European Communities (Control of Emissions of gaseous and particulate pollutants from non-road mobile machinery) (Amendment) Regulations 2011.

S.I. No. 278 of 2011

Environmental Protection Agency Act (Fluorinated Greenhouse Gas) Regulations 2011 .

S.I. No. 279 of 2011

Fluorinated Greenhouse Gas Regulations 2011.

S.I. No. 465 of 2011

Control of Substances that deplete the Ozone Layer.

S.I. No. 176 of 2012

European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for Use by Non-Road Mobile Machinery, including Inland Waterway vessels, agricultural and forestry tractors, and recreational craft) (Amendment) Regulations 2012.

S.I. No. 303 of 2012

European Communities (National Emission Ceilings) (Amendment) Regulations 2012.

S.I. No. 326 of 2012  

Air Pollution Act (Marketing, Sale Distribution and Burning of Specified Fuels) Regulations 2012.

S.I. No. 407 of 2012

European Communities (Control of Emissions of gaseous and particulate pollutants from non-road mobile machinery) (Amendment) Regulations 2012.

S.I. No. 454 of 2012

Environmental Protection Agency Act (Registration of coal bagging operators and solid fuel suppliers) Regulations 2012.

S.I. No. 564 of 2012  

European Union (Paints, Varnishes, Vehicle refinishing products and activities) Regulations 2012.

S.I. No. 565 of 2012

European Union (Installations and Activities using organic solvents) Regulations.

S.I. No. 566 of 2012

European Union (Large Combustion Plants) Regulations 2012.

S.I. No. 137 of 2013

Environmental Protection Agency (Industrial Emissions)(Licensing) Regulations 2013.

S.I. No. 417 of 2013

European Communities (Control of Emissions of Gaseous and Particulate Pollutants from non-road mobile machinery)(Amendment) Regulations 2013.

S.I. No. 273 of 2014  

European Union (sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014.

S.I. No. 398 of 2014

European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) (Amendment) Regulations 2014.

S.I. No. 399 of 2014

European Union (Installations and Activities using Organic Solvents)(Amendment) Regulations 2014.

S.I. No. 30 of 2015  

Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels)(Amendment) Regulations 2015.

S.I. No.236 of 2015

European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for Use by Non-Road Mobile Machinery, including Inland Waterway vessels, agricultural and forestry tractors, and recreational craft) (Amendment) Regulations 2015.

S.I. No. 358 of 2015

Environment (Miscellaneous Provisions) Act 2015 (Commencement) Order 2015.

S.I. No. 633 of 2015

Air Pollution (Fixed Payment Notice) Regulations 2015.

S.I. No. 128 of 2016

Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels)(Amendment) Regulations 2016.

S.I. No. 129 of 2016

European Union (Stage II Petrol Vapour recovery during refuelling of motor vehicles at service stations) (Amendment) Regulations 2016.

S.I. No. 347 of 2016

Air Pollution Act (Fixed Payment Notice) (Solvents) Regulations 2016.

S.I. No. 348 of 2016

Air Pollution Act (Fixed Payment Notice) (Paints) Regulations 2016.

S.I. No. 571 of 2016

Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016.

S.I. No. 658 of 2016

European Union (Fluorinated Greenhouse Gas) Regulations 2016.

S.I. No. 659 of 2016

Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016.

S.I. No. 391 of 2011

RADIOLOGICAL PROTECTION ACT, 1991 (LICENSING APPLICATION AND FEES) (AMENDMENT) REGULATIONS 2011.

S.I. No. 390 of 2011

RADIOLOGICAL PROTECTION ACT, 1991(NUCLEAR SAFETY) ORDER 2011.

S.I. No. 152 of 2012

European Communities (Ionising Radiation) (Amendment) Regulations 2012.

S.I. No. 360 of 2014

Radiological Protection (Miscellaneous Provisions) Act 2014 (Dissolution Day) Order 2014.

S.I. No. 354 of 2014

Radiological Protection (Miscellaneous Provisions) Act 2014 (Commencement) Order 2014.

S.I. No. 134 of 2015

Nuclear Test Ban Act 2008 (Commencement) Order 2015.

Road Improvement Schemes

Ceisteanna (329)

Maurice Quinlivan

Ceist:

329. Deputy Maurice Quinlivan asked the Minister for Transport, Tourism and Sport when he expects the Coonagh to Knockalisheen road to be operational following his allocation of funding as part of his announcement on 24 January 2017. [10780/17]

Amharc ar fhreagra

Freagraí scríofa

The improvement and maintenance of regional and local roads within its area  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 the Council's own resources supplemented by State road grants.

As previously explained to the Deputy, before the main contract for the Coonagh to Knockalisheen Road Scheme can commence, important advance works must be undertaken. These advance works include special ground works treatment along a section of the proposed road. An allocation of €2.5 million has been provided to Limerick City & County Council to progress the advance works contract. The timeframe for progressing the scheme is now a matter for Limerick City and County Council.

Road Improvement Schemes

Ceisteanna (330)

Anne Rabbitte

Ceist:

330. Deputy Anne Rabbitte asked the Minister for Transport, Tourism and Sport the scope of works planned for the N63 at Ballyglunnin cross; and his plans to install lighting at this junction. [10784/17]

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 operation of individual road projects is a matter for Transport Infrastructure Ireland (TII) under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned.

Noting the above position, I have referred your question to TII for direct reply.  Please advise my private office if you don't receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Road Improvement Schemes

Ceisteanna (331)

Anne Rabbitte

Ceist:

331. Deputy Anne Rabbitte asked the Minister for Transport, Tourism and Sport his plans for upgrade works and to enlarge the roundabout at the Athenry junction on the N63 link road to the motorway (details supplied). [10785/17]

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 operation of individual road projects is a matter for Transport Infrastructure Ireland (TII) under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned.

Noting the above position, I have referred your question to TII for direct reply.  Please advise my private office if you don't receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Road Tolls

Ceisteanna (332)

Catherine Murphy

Ceist:

332. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the amounts collected per year from every tolled road here, broken down by annual toll amount collected per toll facility for the past five years in tabular form; and if he will make a statement on the matter. [10825/17]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy in relation to roads.  The planning, design and implementation of individual road projects on national roads are a matter for Transport Infrastructure Ireland (formerly known as the NRA) under the Roads Acts 1993-2015 in conjunction with the relevant local authority.  For regional and local roads it is a matter for each respective local authority.

More specifically, the statutory powers to levy tolls on national roads as well as regional and local roads, to make toll bye-laws and to enter into toll agreements with private investors are vested in TII (for national roads) and each local authority (for regional and local roads) 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 matter for national roads to TII for direct reply.  Please advise my private office if you do not receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Public Private Partnerships Cost

Ceisteanna (333)

Catherine Murphy

Ceist:

333. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the amount paid in 2015 and 2016 in respect of public private partnership, PPP, operational payments as compensation to PPP companies in view of the fact that toll income was less than anticipated; and if he will make a statement on the matter. [10826/17]

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 Transport Infrastructure Ireland (formerly known as the NRA) under the Roads Acts 1993-2015 in conjunction with the relevant local authority.

  More specifically, the statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads is vested in TII 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 matters to TII for direct reply.  Please advise my private office if you do not receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Public Private Partnerships Data

Ceisteanna (334)

Catherine Murphy

Ceist:

334. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the amount paid to tolling companies in respect of shadow tolls per year for the past five years, broken down by company and toll locations, in tabular form; and if he will make a statement on the matter. [10832/17]

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 Transport Infrastructure Ireland (formerly known as the NRA) under the Roads Acts 1993-2015 in conjunction with the relevant local authority.

  More specifically, the statutory power to levy tolls on national roads, to make toll bye-laws, to enter into toll agreements, the payment of shadow tolls and for the operation of concessions with private investors in respect of national roads is vested in TII under 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 matters to TII for direct reply.  Please advise my private office if you do not receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Vehicle Testing

Ceisteanna (335)

Michael Healy-Rae

Ceist:

335. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport if he will address a matter (details supplied) with regard to the new testing of trailers being pulled behind jeeps; and if he will make a statement on the matter. [10833/17]

Amharc ar fhreagra

Freagraí scríofa

Trailers are classified according to their Design Gross Vehicle Weight (DGVW), which is the weight of the trailer including the maximum load it can carry in accordance with the manufacturer's design specifications.  There are four categories of trailer; categories O1, O2, O3 and O4. Currently trailers of categories O3 and O4 are tested annually by the Vehicle testing network, VTN, while trailers of categories O1 and O2 are not. It is the responsibility of vehicle owners and operators to ensure that both the towing vehicle and trailer are mechanically sound, fit for purpose, and compliant with road traffic legislation at all times.

The categories of vehicles subject to roadworthiness testing and the frequency of such tests are governed by EC Directive 2009/40/EC on the roadworthiness testing of motor vehicles and their trailers. Under this Directive, category O1 and O2 trailers (with a DGVW of between 750kg to 3,500kg) are exempt from annual roadworthiness testing. However, since October 2012, O1 and O2 trailers must be type approved before they are sold thus ensuring that they are manufactured to a recognised and approved safety standard.

While heavy category O3 and O4 trailers (DGVW from 3,500kg to in excess of 10,000kg) are subject to Commercial Vehicle Roadworthiness Testing (CVRT), commercial vehicle operators are statutorily obliged to have appropriate maintenance and repair systems in place, conduct daily walk around checks of their vehicles and to make an annual declaration on their maintenance to the Road Safety Authority.

Any future amendments to the current testing regime under Directive 2014/45/EU, will be examined by the Road Safety Authority, who have statutory responsibility for vehicle testing arrangements, and will report their recommendations to my Department shortly.

Vehicle Testing

Ceisteanna (336)

Michael Healy-Rae

Ceist:

336. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) with regard to motorcycles; and if he will make a statement on the matter. [10834/17]

Amharc ar fhreagra

Freagraí scríofa

I understand that while Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles and their trailers provides for the roadworthiness testing of motorcycles from 1 January 2022, EU Member States who have appropriate alternative road safety measures in place can avail of an exemption from this requirement.

An issue of concern in relation to this vulnerable cohort of road users is certain driving behaviour exhibited by and towards motorcyclists on our road network. While any measures which have a positive effect on road safety are to be welcomed, it is important to ensure that the optimal road safety impact is realised.

Having statutory responsibility for vehicle testing arrangements, the Road Safety Authority will examine the requirements of Directive 2014/45/EU and will report to my Department on their recommendations shortly.

Brexit Issues

Ceisteanna (337)

Fergus O'Dowd

Ceist:

337. Deputy Fergus O'Dowd asked the Minister for Transport, Tourism and Sport his views on correspondence (details supplied) relating to the complexities of the Brexit decision and Irish ports; his plans with regard to safeguarding trade in Irish ports when the UK completes its withdrawal from the EU; and if he will make a statement on the matter. [10843/17]

Amharc ar fhreagra

Freagraí scríofa

My Department has brought the paper referred to to the attention of the Department of Jobs, Enterprise and Innovation and to the Revenue Commissioners.

It is expected that the UK will trigger Article 50 within the coming few weeks.  In anticipation of that there has been an intensive process pf examining prospective scenarios for the anticipated negotiations on both the UK withdrawal from, and its future relationship with, the European Union. While it is not possible to predict with certainty what the attitude of the Commission and other Member States may be, or what position may be taken by the UK, one of our headline priorities is to minimise any negative impact for trade and the Irish economy. 

Road Improvement Schemes

Ceisteanna (338)

Jackie Cahill

Ceist:

338. Deputy Jackie Cahill asked the Minister for Transport, Tourism and Sport when his Department will grant approval to Tipperary and Clare county councils to commence work on the bridge at Ballina and Killaloe in view of the fact the area is unable to make any economic progress while the current situation continues; and if he will make a statement on the matter. [10860/17]

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.  The initial selection and prioritisation of works to be funded is also a matter for the local authority.

The Shannon Bridge Crossing at Killaloe is one of a number of schemes included in the Capital Plan 2016-2021 designed to address bottlenecks on the road network. The bridge is the 1st phase of the Killaloe Bypass/R494 upgrade scheme.  In planning the construction schedule for individual projects included in the Plan, account has to be taken of the annual budgets in the Capital Plan and the need to phase projects to manage the available budgets.

  Following the conclusion of the judicial review relating to the the Killaloe Bypass/R494 scheme, it is now a matter for the local authority (Clare County Council) to progress the scheme. Clare County Council has been provided with an allocation of €500,000 in 2017.

Road Improvement Schemes

Ceisteanna (339)

Mary Butler

Ceist:

339. Deputy Mary Butler asked the Minister for Transport, Tourism and Sport his plans to improve the road network between Waterford city and Limerick city; and if he will make a statement on the matter. [10867/17]

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 operation of individual road projects is a matter for Transport Infrastructure Ireland (TII) under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned.

Noting the above position, I have referred your question to TII for direct reply.  Please advise my private office if you don't receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Bus Éireann

Ceisteanna (340)

David Cullinane

Ceist:

340. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport the number of reform plans he has received from Bus Éireann from 2013 to date in 2017; the detail of the responses from his Department to such plans; and if he will make a statement on the matter. [10899/17]

Amharc ar fhreagra

Freagraí scríofa

Since I assumed office, Bus Éireann has submitted two documents, one of which I believe would fall to be categorised as stated by the Deputy and the second of which was a review for the Board of proposals being put forward within the company.

In July 2016 Bus Éireann submitted a draft document entitled "Bus Éireann Existence Plan", two further drafts were submitted in August and in September.

These documents were submitted for discussion with my Department in line with the requirements of the Code of Practice for the Governance of State Bodies. As the Deputy is aware the Code states that the responsibility for the preparation, finalisation and adoption of such plans rest with the Board of the relevant Body with an opportunity allowed for Departmental consideration on draft proposals.  My Department was assisted by NewERA in its consideration of those proposals.

Discussions between my Department and Bus Éireann highlighted some critical shortcomings that existed in the draft proposals as presented. Those shortcomings related to the commercial rationale, financing, implementation, sensitivity and risk analysis and the necessity to consider both State Aid and competition law interactions.

The second document submitted since I assumed office is actually a review of the proposals that had been developed by the Company's management in the first document.  This is the review known as the 'Grant Thornton' report and was commissioned from these independent consultants by the Board of the Company in late September 2016. A draft of the review was made available to my Department in November 2016 and, in January 2017 following a meeting I held with the Chairman, I received the later version of the report as had been discussed and adopted by the Board of the Company.  Unsurprisingly, that review by Grant Thornton for the Board found similar shortcomings with the proposals as those identified previously when the proposals were considered by the Department and NewERA.  The Grant Thorton review also made recommendations to the Board about an approach to finding a way forward.

Arising from the Board's consideration of the Grant Thornton report, the Company has now embarked upon developing a new plan to address the company's loss making situation and restore it to a sustainable future, and the Company aims to have this plan in a few weeks' time. 

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