Written Answers Nos. 342 - 359
342. Deputy Bríd Smith asked the Minister for Transport, Tourism and Sport if he or his Department's officials have met with any representatives of private bus companies in the past number of weeks; if so, if they discussed the threatened dispute at Bus Éireann and the provision of additional services by private bus companies during any dispute; and if so, the number of meetings and so on. [12555/17]
Amharc ar fhreagra343. Deputy Bríd Smith asked the Minister for Transport, Tourism and Sport if his attention has been drawn to meetings or actions by the NTA to encourage or licence additional services from private bus companies in the event of any dispute at Bus Éireann; and if he will make a statement on the matter. [12556/17]
Amharc ar fhreagraI propose to take Questions Nos. 342 and 343 together.
No, neither I nor my Department have had any meetings with representatives of private bus operators in the past number of weeks.
For the Deputy's information, since assuming office in May 2016 I have had just one introductory meeting with representatives of private bus operators.
The other issues raised are matters for the National Transport Authority (NTA) and I have forwarded the Deputy's questions to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
The referred reply under Standing Order 42A was forwarded to the Deputy.
344. Deputy Caoimhghín Ó Caoláin asked the Minister for Transport, Tourism and Sport the percentage of Bus Éireann coaches that are wheelchair accessible; the amount of funding provided for the programme of accessibility improvement grants to upgrade existing public transport infrastructure and facilities; the way this is progressing; the estimated cost of making all public transport wheelchair accessible; and if he will make a statement on the matter. [12579/17]
Amharc ar fhreagraThe Bus Éireann city fleet is 100% accessible and approximately 80% of the Bus Éireann coach fleet is wheelchair accessible; this figure will increase as older vehicles are replaced.
Accessibility features are built into all new public transport infrastructure projects and vehicles from the design stage and new systems such as the Luas are fully accessible. With regard to existing infrastructure, there is an ongoing programme to upgrade public transport infrastructure and facilities to help improve transport accessibility across the country. The programme is managed by the National Transport Authority (NTA) on behalf of my Department. The bulk of this funding has been provided for the upgrading of Iarnród Éireann rail stations to make them accessible and to enable wheelchair users to travel on Dublin Bus and Bus Éireann buses.
In 2017 under the Accessibility Grants Programme, funding is being provided to the NTA for accessibility upgrade works at a number of rail stations; for accessible bus stops and bus stations; and for a Wheelchair Accessible Taxi Grant Scheme. Funding is also provided via the NTA for the Travel Assistance Scheme which is run by Dublin Bus. Under the scheme an assistant can accompany people who need help using public transport and to plan a journey on Dublin Bus, Luas and the DART.
In light of the NTA's responsibility for the administration of the accessibility programme, I have referred the Deputy's question to the Authority for a more detailed reply in relation to the estimated cost of making all public transport wheelchair accessible. 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.
345. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport the status of the plans for Irish Rail to eliminate level crossings on the rail network intersecting with public roads that are neither manned nor have electronic barriers. [12683/17]
Amharc ar fhreagraAs Minister for Transport, Tourism and Sport, I have responsibility for policy and overall funding in relation to public transport. However, I am not responsible for, or involved in, the day-to-day operations of Iarnród Éireann's services, they are a matter for the company itself.
Therefore, I have forwarded your question to Iarnród Éireann for a more detailed 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.
346. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport if Irish Rail plans to increase the number of Dublin to Galway trains that stop at Oranmore, County Galway (details supplied). [12684/17]
Amharc ar fhreagraThe issue raised is a matter for Irish Rail in conjunction with 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.
The referred reply under Standing Order 42A was forwarded to the Deputy.
347. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport if he will ensure a bus shelter is erected at Clarinbridge, County Galway. [12685/17]
Amharc ar fhreagraThe National Transport Authority (NTA) has statutory responsibility for the development of bus stops, bus shelters, bus stations, etc. in the State.
Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a reply within ten working days.
The referred reply under Standing Order 42A was forwarded to the Deputy.
348. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport if he will ensure Clarinbridge, County Galway will not lose an express bus route when Clarinbridge will be bypassed by the Gort-Tuam bypass. [12686/17]
Amharc ar fhreagraThe issue raised is a commercial matter for Bus 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.
The referred reply under Standing Order 42A was forwarded to the Deputy.
349. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport if he will ensure a new traffic calming plan will be drawn up for Clarinbridge, County Galway (details supplied). [12687/17]
Amharc ar fhreagraLocal traffic calming measures are a matter for the relevant local authority, in this case Galway County Council, in conjunction with Transport Infrastructure Ireland (TII) where a National road may be affected.
350. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport when safety works will be undertaken at Mountain West, Oranmore, County Galway (details supplied). [12688/17]
Amharc ar fhreagraThe improvement and maintenance of regional and local roads in Galway is the statutory responsibility of Galway County Council, 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. The initial selection and prioritisation of works to be funded is also a matter for the local authority. I announced the 2017 regional and local road allocations in January 2017 of which €210,000 is being provided to Galway County Council in respect of Safety Improvement Works for a variety of schemes across the County.
I am unclear as to which road safety works in Mountain West, Oranmore is being referred to by the Deputy, but Galway County Council has confirmed to my Department that Safety Improvement Works are scheduled for 2017 to improve a sightline at a road junction in the townland of Lisheenkyle East - near the Mountain West townland. Subject to agreement with the landowner, the Council intends that the works at Lisheenkyle East would be completed in 2017.
351. Deputy Brendan Smith asked the Minister for Transport, Tourism and Sport if additional resources will be allocated to the State's tourism promotion agencies in view of Brexit and the importance of the British market for Irish tourism; and if he will make a statement on the matter. [12734/17]
Amharc ar fhreagra353. Deputy Brendan Smith asked the Minister for Transport, Tourism and Sport if additional resources will be allocated to the tourism promotion agencies to initiate new marketing measures specifically for the Border region in view of the fact there is a heavy reliance in this area on the British tourism market; and if he will make a statement on the matter. [12736/17]
Amharc ar fhreagraI propose to take Questions Nos. 351 and 353 together.
In common with the rest of Government there has been deep analysis of the challenges which tourism faces because of the outcome of the UK Referendum. Even prior to the referendum result, there was a commitment in the Government's Tourism Policy Statement "People, Place and Policy – Growing Tourism to 2025" to prioritising tourism marketing efforts towards those markets providing higher revenue returns. The Programme for Government commits to implementing the policy objectives in the policy statement and achieving the targets for Irish tourism contained therein. The UK vote does not change this.
A key element of Tourism Ireland's strategy since 2014 has been market diversification. In 2017, Tourism Ireland will continue to implement its market diversification strategy and intends to maximise holiday revenue through investment in Mainland Europe and North America. In addition the depreciation of sterling against the euro since the UK referendum means that value for money will be a key message for Tourism Ireland in Britain this year. Looking to the medium term, Tourism Ireland's plan for the period from 2017-2019 includes the agency's response to marketing Ireland in Great Britain in the new situation that has developed following the referendum.
I should also highlight that I am aware of the challenges faced by the border region which were confirmed when Minister of State Patrick O'Donovan and I hosted an All-Island Dialogue on the impact of Brexit on the tourism and hospitality sector in Dundalk on 23 January. The feedback from tourism industry participants at the event reaffirmed the Government's analysis in relation to the implications of Brexit for tourism and I am committed to an ongoing dialogue with the tourism and hospitality industry as the Brexit negotiations proceed.
352. Deputy Brendan Smith asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the concerns regarding the possible loss of the Bus Éireann Dublin-Monaghan-Derry service; if this cross-Border service will be maintained; and if he will make a statement on the matter. [12735/17]
Amharc ar fhreagraI am of course aware that Bus Éireann has recently announced possible service alterations to a small number of Expressway services, including route 33 Dublin to Derry.
The Deputy is no doubt aware, that Expressway services are commercial services operated by Bus Éireann and licensed under the Public Transport Regulation Act 2009. These routes are not eligible for any taxpayer funding and frequently operate in competition with other commercial licensed operators.
As I have stated on numerous occassions, in cases where a commercial operator, such as Expressway, decides to alter or withdraw a route, the National Transport Authority (NTA) has the statutory powers available to it to respond as appropriate to ensure continued transport connectivity.
In response to Bus Éireann's recent announcement service changes, the NTA has published an assessment of the proposed changes and indicated what action it believes is necessary to ensure that continued connectivity.
As indicated in that published assessment, the NTA does not believe that connectivity issues arise on the route 33 corridor following the proposed withdrawal of Expressway's route 33. In publishing its assessment the NTA has invited feedback on its proposals. A copy of their assessment is available on www.nationaltransport.ie.
I am informed that following changes to the Expressway route 33, cross border services along the Dublin/Monaghan/Derry corridor will continue to operate on the following routes-
- Expressway's route 32 services serving Dublin to Letterkenny (with connections possible at Strabane for onward journey to Derry);
- Translink's X3 services serving Dublin to Derry;
while county Monaghan itself is also served by -
- A private licensed operator serving Monaghan to Dublin; and
- Bus Éireann PSO routes providing regional connectivity with Cavan, Dundalk and Drogheda.
354. Deputy Lisa Chambers asked the Minister for Transport, Tourism and Sport if moneys have been provided to Mayo County Council for the development of a viewing point at Keel, Achill, County Mayo; if not, the reason; and if so, the amount and when the moneys were allocated. [12760/17]
Amharc ar fhreagraMy Department's role in relation to tourism lies primarily in the area of national tourism policy. It is not directly involved in the management or development of individual tourism projects. These are operational matters for the Board and Management of Fáilte Ireland. While the Department provides funding to Fáilte Ireland for investment in tourism offerings, it does not have a role in the administration of those capital programmes. Similarly, the Department does not have discretionary funds at its disposal to assist with individual tourism proposals.
Accordingly, I have referred the Deputy's question to Fáilte Ireland for direct reply to the Deputy. Please contact my private office if you have not received a reply within ten working days.
The referred reply under Standing Order 42A was forwarded to the Deputy.
355. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the number of freedom of information requests received by his Department that the Chief State Solicitor's office has incurred expenses on dealing with for each of the past three years and to date in 2017; and the amount of fees for counsel and other legal costs incurred, respectively, for each of the past three years and to date in 2017. [12782/17]
Amharc ar fhreagraThe Chief State Solicitor's Office has not incurred any expenses in relation to Freedom of Information requests associated with my Department for each of the past three years and to date in 2017.
356. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to contracts in the hospitality sector in which an employee has to pay for a bill when a customer leaves without paying for it; the actions she has taken to prevent such contracts; and if she will make a statement on the matter. [12558/17]
Amharc ar fhreagraThe Payment of Wages Act 1991 regulates how wages and salaries are paid and what deductions may be made from same. Under this Act, employers must provide a payslip showing gross pay and the relevant deductions. An employer is not permitted to make deductions from an employee's wages unless the deduction is authorised under the contract of employment, required by statute or is made with the prior written consent of the employee.
Special restrictions are placed on employers in relation to deductions from wages that arise from any act or omission of the employee. For example such deductions, in addition to being authorised by a term in the employee's contract, must be fair and reasonable having regard to all the circumstances including the amount of the wages of the employee. Further, the employee must be given particulars in writing of the act or omission and the amount of the deduction at least one week before the deduction is made.
If an employee believes that his/her employer has made an unlawful deduction from his/her pay, then s(he) may refer a complaint to the Workplace Relations Commission, where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Where an inspector finds a breach of the Payment of Wages Act 1991, s(he) may issue a compliance notice to the employer.
Complaints can be made on a single complaint form at the WRC's website www.workplacerelations.ie. The WRC's Customer Service Section, which provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.
357. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation the status of the work of the Company Law Review Group; if it has considered greater regulation of buy-to-let mortgage receiverships; her views on the need for stronger regulation; and if she will make a statement on the matter. [12644/17]
Amharc ar fhreagraThe Company Law Review Group (CLRG) is a statutory expert body that monitors, reviews and advises me on company law matters. I set the work programme in consultation with the CLRG at least once in every two years under section 961 of the Companies Act 2014. The current work programme began in June 2016 and runs to the end of May 2018 and work on these matters is ongoing. A copy of the work programme is available on www.clrg.org.
Receivership is a remedy that derives from the courts of equity. The relevant law in relation to receivership is largely made up of rules which the courts have developed by applying general contract law and equitable principles. A receiver has specific statutory duties under section 439 of the Companies Act 2014, which provides that:
(i) receivers must achieve the best price reasonably obtainable at the time of sale; and
(ii) the receiver must not sell by private contract a non-cash asset of a company to a person who is or who, within three years prior to the date of appointment of the receiver, has been, an officer of the company unless the Receiver has given 14 days’ notice of his or her intention to do so to all creditors of the company who are known to him or her or who have been intimated to him or her.
These statutory duties make it imperative that the receiver obtains expert legal and valuation advice in relation to the sale of property, consistent with the duty “to obtain the best price reasonably obtainable”. Breach of a receiver’s statutory duties may result in the receiver being held personally liable for any loss incurred.
The work programme of the CLRG does not include a review of the law where receivers are appointed to buy to let properties. However, the Deputy may wish to note that a cross-departmental working party, chaired by the Department of Housing, Planning, Community and Local Government, is currently examining, in the context of the Government's Strategy for the Rental Sector, ways in which landlord obligations could be enforced during receiverships.
358. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation if she will provide details of jobs announcements to date, including the number of jobs and their location, since the UK referendum on leaving the EU last June, which involve the relocation of financial services jobs from the UK to here; and if she will make a statement on the matter. [12654/17]
Amharc ar fhreagraThe financial services sector is one where Ireland could potentially see increased foreign direct investment on account of the UK’s exit from the EU. There has already been extensive engagement at home and abroad with the industry about potential new investment here and work continues to ensure that the interest shown to date in Ireland is converted into new projects on the ground.
Investments of significant scale and complexity, however, require time to advance. It is also still less than 9 months since the EU-UK referendum was held. It should therefore not be a surprise that there has, to date, been no such relocation of financial services jobs from the UK to this jurisdiction.
359. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the background and reasons for the termination of the Czech Republic-Ireland bilateral investment treaty of 1996; the date on which the treaty ceased to be in operation; the lead Government Department responsible for the treaty; the person that formally on behalf of the Government signed off on the ending of the treaty; and if she will make a statement on the matter. [12678/17]
Amharc ar fhreagraIn 1996, an Agreement ‘for the Promotion and Reciprocal Protection of Investments’ was signed between Ireland (Minister for Tourism and Trade) and the Czech Republic.
In 2010 Ireland had only one Bilateral Investment Treaty (BIT), which was the above Agreement with the Czech Republic. While the Czech Republic had not been an EU member at the time of the agreement in 1996, in 2004 the country had become an EU member and the legal framework under which both countries operated had therefore changed. The main provisions of the Agreement were terminated in 2010 by a formal diplomatic note received from the Czechs. A Government Decision in 2011 authorised the Minister for Foreign Affairs on behalf of the Minister for Enterprise Trade and Innovation, to arrange for the termination of the BIT with the Czech Republic. All provisions of the BIT were terminated with effect from 1 December 2011, which was one month after the notification by the Czech Embassy that their internal legal procedures had been completed.
The European Commission at the time were looking at the issue of Intra-EU BITs and had taken the view that there was no need for agreements of this kind in the Single Market.
The Commission considers that BITs between EU Member States fragment the single market by conferring rights to some EU investors on a bilateral basis and that their provisions overlap and conflict with EU single market law on cross-border investments. The Commission requested Member States which continued to have intra-EU BITS to terminate these BITs.
