Written Answers Nos. 130-148
130. Deputy Joan Collins asked the Minister for Transport, Tourism and Sport if he will respond to an email from a person (details supplied) and provide guidelines in relation to their return to work. [16484/20]
Amharc ar fhreagraI presume that the Deputy is referring to driving instructors.
The NPHET, together with a team of national experts, decided which businesses could resume trading in each Phase of the gradual reopening of our economy, and they included driving schools on the list of businesses cleared to reopen on 29 June. It is not the role of the NPHET to provide guidance in relation to individual sectors, as a rule.
A National Return to Work Safely Protocol has been produced under the aegis of the Labour Employer Economic Forum and is the result of a collaborative effort by the Health and Safety Authority (HSA), the Health Services Executive (HSE) and the Department of Health and the Department of Business, Enterprise and Innovation. The HSA has in turn produced COVID-19 checklists and templates, based on the Protocol, to help employers, business owners and managers to get their business up and running again and to inform workers about what they need to do to help prevent the spread of COVID-19 in the workplace.
The RSA has developed protocols to ensure compliance with the overall protocols to enable the resumption of its services,, including driver testing. In doing so, it was assisted by the overall national protocol and also by the additional templates and checklists from the HSA. I understand that the National Office of Traffic Medicine was also available to the RSA to assist in its task.
In anticipation of the resumption of driver testing on 29 June, the RSA wrote to each Approved Driving Instructor on 22 June, advising them of the planned phased return of driver testing. The Authority included a series of Frequently Asked Questions, which provided details of the protocols being applied to driver testing in order to comply with health requirements in line with Government's Protocol on Returning to Work Safely. These protocols may assist driving instructors in taking the necessary measures resuming their business safely.
However, the RSA cannot dictate to driving schools on how they should run their business, or issue medical advice. It is up to each driving instructor or driving school to protect themselves, their families and communities by adhering to the official Government guidelines on hygiene and social distancing.
131. Deputy Michael Lowry asked the Minister for Transport, Tourism and Sport if the emergency refund credit note will be extended for July, August and September 2020, in view of advice to avoid all non-essential travel and in further view of the fact that the Irish Epidemiological Modelling Advisory Group for the National Public Health Emergency Team has supported the advice not to travel and has urged the public to avoid all non-essential travel; and if he will make a statement on the matter. [16487/20]
Amharc ar fhreagraThere is currently no end date for the Refund Credit Note scheme. It will be in place for so long as necessary, having regard to Government policy on international travel and public health. As the Deputy is aware, the Refund Credit Notes can be offered in circumstances where a booking - made through a travel agent or tour oeprator - has been cancelled by the traveller or by the organiser due to Covid-19 travel restrictions and public health advice. Further information is available at: https://www.gov.ie/en/publication/40f0d7-guidance-on-the-right-of-travellers-to-terminate-package-travel-cont/.
132. Deputy Michael Lowry asked the Minister for Transport, Tourism and Sport if financial supports will be issued to licensed travel agents and tour operators whose customers have cancelled flights and holiday bookings for the months of July and August 2020; if he will take into account that these customers have cancelled bookings on the advice to avoid all non-essential travel; if he will also take into account that the Irish Epidemiological Modelling Advisory Group for the National Public Health Emergency Team has supported the advice not to travel and has publicly encouraged the public to avoid all non-essential travel; and if he will make a statement on the matter. [16501/20]
Amharc ar fhreagraThe Deputy raises an important issue for Irish licensed travel agents and tour operators, many of which are small, local high street businesses. Under the EU Package Travel Directive, travel agents and tour operators are required to provide their customers with a full cash refund when a holiday is cancelled due to exceptional circumstances, which of course Covid is. However, the travel agents and tour operators are having difficulties securing refunds themselves from their suppliers to pass onto their customers, and indeed where flights take place - irrespective whether a travel agent's customer has cancelled - the airlines are not obligated to provide a refund. I know this is causing considerable financial strain in the sector.
The State is providing financial backing for a Refund Credit Note scheme, under which travel agents and tour operators can issue credit notes to their customers instead of cash - if the customer agrees - and the financial value of that credit note is guaranteed by the State. This is a measure designed to give assurance to consumers about the safety of accepting a credit note, and help the industry alleviate the cash flow drain it is experiencing. The challenge is to ensure that consumer rights are protected and at the same time that viable business and their workers are kept going. Further, the sector may avail of the Government wage support scheme and business supports particularly those aimed at small and medium enterprises. My Department is maintaining an open engagement with the travel trade industry and Minister Naughton is due to meet with representatives of the Irish Travel Agents Association to discuss ongoing issues.
133. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport if he will address matters raised in correspondence (details supplied); and if he will make a statement on the matter. [16504/20]
Amharc ar fhreagraDirective (EU) 2020/612 of 4 May 2020, amending Directive 2006/126/EC of the European Parliament and of the Council on driving licences, provides that EU Member States may allow a driver who takes a bus or truck driving test in an automatic transmission vehicle to be granted a licence to drive a vehicle with a manual transmission if they had already taken a driving test in a vehicle (usually a car) with a manual transmission.
This Directive is due to be transposed into Irish law by 1 November 2020. It was the intention to have this law in place earlier in the year, unfortunately due to emergency legislation required as a result of Covid-19 it was not possible. However, work has commenced on this legislation and it is still planned to have it in place before November.
134. Deputy Bríd Smith asked the Minister for Transport, Tourism and Sport if he will meet with representatives of driver instructors that are expected to be present at RSA centres to enable the use of their vehicles but that are afforded no facility to enter the buildings during the time of the test and in circumstances in which no waiting area is provided; and if he will request that the RSA take on board the concerns of this group and discuss the ongoing issues in relation to test centres with their representatives. [16512/20]
Amharc ar fhreagraThis is an operational matter for the Road Safety Authority and as Minister I have no role in this matter.
I have referred the matter to the RSA for direct reply, and I would ask that the Deputy contact my office directly if a response has not been received within 10 days.
136. Deputy James Browne asked the Minister for Transport, Tourism and Sport if the NDLS will accept general practitioner medical reports for drivers over 70 years of age dated earlier than usual owing to the Covid-19 pandemic; and if he will make a statement on the matter. [16525/20]
Amharc ar fhreagraA medical report to accompany an application for a driving licence shall be dated not more than one month prior to the date of application. Regulation 41(3) of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. 537 of 2006), as amended, refers.
In light of the need to facilitate social distancing and the additional burdens on medical services due to the Covid-19 pandemic, the requirement for those over 70 (under certain circumstances) to provide a medical report when applying for/renewing a driving licence or learner permit was removed.
This provision meant that from 20 March until 31 July 2020, persons of 70 years of age or over, could apply for and renew their driving licence or learner permit without the need to submit a medical report. This is only on the basis that they do not have an identified or specified illness.
I have decided to introduce Regulations to extend this provision until 31 December 2020 to further facilitate social distancing. These Regulations should be in place before 31 July 2020.
137. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if a turning bay will be constructed at a location (details supplied); and if he will make a statement on the matter. [16534/20]
Amharc ar fhreagraAs Minister for Climate, Energy, Communications and Transport, Tourism and Sport, I have responsibility for overall policy and securing Exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the operation and upgrading of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code Guidelines and the necessary statutory approvals. In this context, TII is best placed to advise you on this issue.
Noting the above position, I have referred your question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.
138. Deputy Róisín Shortall asked the Minister for Transport, Tourism and Sport the consideration given to the submission by the Road Safety Authority aimed at addressing anomalies in the provisional licence system (details supplied); and if he will make a statement on the matter. [16543/20]
Amharc ar fhreagraOfficials in my Department have received the proposals put forward by the Road Safety Authority to tackle the number of learner drivers on our roads who have held learner permits for a number of years.
The Deputy will appreciate that, at this time, overseeing the range of responses to the ongoing COVID19 crisis impacting on the road safety sector and road traffic law, particularly in relation to the cessation and more recently the gradual resumption of services - including a number of urgent legislative measures, has taken precedence.
My officials will examine the proposals in more detail in the coming months and I have asked them to prepare a report for my consideration.
139. Deputy Róisín Shortall asked the Minister for Transport, Tourism and Sport the number of learner drivers holding their first, second, third and so on learner permits; the number in each category that have completed all 12 essential driver training lessons; the number in each category that previously sat and failed a driver test; and the number in each category awaiting a driver test, in tabular form. [16545/20]
Amharc ar fhreagraThis is a matter for the Road Safety Authority to answer. I have forwarded the Deputy's query to them to respond directly. If a response has not been received within 10 working days, the Deputy should contact my office directly.
140. Deputy Róisín Shortall asked the Minister for Transport, Tourism and Sport the number of learner drivers found to be driving unaccompanied in 2019 and in the first six months of 2020; the number that had penalty points applied to their licence and the number whose licences were suspended. [16546/20]
Amharc ar fhreagraThe number of learner drivers recorded on the National Vehicle and Driver File (NVDF) for a driving unaccompanied offence in 2019 and first six months in 2020 is set out in the table underneath. A lower threshold of 7 penalty points leading to disqualification applies to learner drivers and for the first two years after a driver obtains a full driving licence. It should be noted that a learner driver disqualified from driving during these periods may include other penalty points incurred other than driving unaccompanied.
|
Penalty Point Offence |
Number of Drivers |
Number of Drivers |
|
2019 |
2020 (Jan to June) |
|
|
Learner driver unaccompanied by a qualified driver |
3,312 |
1,346 |
|
Number of Learner Drivers disqualified and had driver unaccompanied offence recorded on the NVDF during this period |
207 |
55 |
141. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the number of advisers and special advisers appointed by him since becoming Minister; the starting annual salary of each person appointed by him; if an open interview process was conducted for each appointee; the duration and terms of each contract issued to each adviser and special adviser; and if an advisory role has been split to facilitate job sharing, in tabular form. [16571/20]
Amharc ar fhreagraOn the commencement of every Dáil, the Department of Public Expenditure and Reform issues guidelines setting out the arrangements for the staffing of Ministerial Offices. The Guidelines for the 33rd Dáil are currently awaiting Government approval.
It should be noted that the appointment of individual Special Advisers is a matter for each Government Minister subject to the terms set out in the aforementioned guidelines, although the appointments are also subject to formal Government approval. At this stage, no Special Advisers have been formally appointed to my Department by the Government. However, the Deputy may wish to note that I have assigned John McDonald; Paul Kenny, and Margaret Ward to work with me as Special Advisers and that they will be formally appointed by the Government once the Guidelines have been approved.
142. Deputy James Lawless asked the Minister for Transport, Tourism and Sport when driver tests will recommence; and if he will make a statement on the matter. [16572/20]
Amharc ar fhreagraThe RSA has been working, in consultation with my Department, on plans for the resumption of the range of services and functions for which it is responsible, following the publication of the Government roadmap and, more recently, the National Return to Work Safely Protocol as agreed by employer and trade union representatives.
The driver testing service restarted on a gradual basis during Phase 3 of the Government’s road map for easing of Covid19 restrictions.
On Monday 29 June, driving tests resumed on a gradual basis for trucks, buses and motorcycles. Fourteen driving test centres reopened initially, but as the number of tests and categories of vehicles being tested increases in the coming weeks, the remaining test centres will reopen. The RSA will update its website, rsa.ie to advise on each centre as they re-open.
Following the publication by Government of a revised Phase 3 road map for reopening Ireland, driving tests for cars, vans and minibuses have now resumed on a phased basis with priority beeen given for essential workers in the first instance and those who had appointments cancelled due to Covid 19.
The safety of the public is of paramount importance at this time, whether from infection or from deaths and injuries on the road, and in this as in all aspects of the Covid-19 crisis, my Department will be guided by NPHET and national experts.
144. Deputy Alan Farrell asked the Minister for Transport, Tourism and Sport if additional resources will be allocated to the NDLS to accommodate the clearance of backlogged licence renewals following the Covid-19-related shutdown; if reassurances will be given to these drivers that their licence will remain valid while they await their appointment date; and if he will make a statement on the matter. [16626/20]
Amharc ar fhreagraDue to the closure of services provided by the Road Safety Authority (RSA) as a result of the Covid-19 outbreak, my predecessor took measures to extend the validity of number of documents, including the learner permit. Any learner permits which were due to expire from 1 March 2020 to 30 June 2020 inclusive have had their period of validity extended by 8 months.
In relation to the Deputy's query concerning NDLS resources, this is an operational matter for the Road Safety Authority and as Minister I have no role in this matter. I have forwarded this matter to the RSA for direct response, and I ask that the Deputy contacts my office directly if a response has not been received within 10 days.
145. Deputy Alan Farrell asked the Minister for Transport, Tourism and Sport his plans to issue Covid-19 safety regulations for the taxi industry; if the newly introduced legislation will be extended to include taxi drivers and passengers; and if he will make a statement on the matter. [16627/20]
Amharc ar fhreagraGiven the size of most taxis and other small public service vehicles (SPSVs), public health advice indicates that people travelling in such vehicles should wear face coverings. Guidance on the safe use of face coverings is available on the gov.ie website. Under existing regulatory provisions for the SPSV sector, drivers already have the right to refuse carriage to a passenger who does not comply with a "reasonable request" which, in the present circumstances, would include a request to wear a face covering.
As the Deputy is aware, the wearing of face coverings on all mass transit forms of public transport has recently been made mandatory and my Department is now working with the Department of Health, in consultation with the National Transport Authority (NTA), about extending the mandatory approach to include the SPSV sector. The Deputy will also be aware that the Government recently decided to make mandatory provision for wearing face coverings in retail settings too.
In the meantime, compliance by passengers with the public health advice in relation to face coverings is being carefully monitored and, given the current situation and the public health advice, I would strongly encourage all drivers and passengers to wear a face covering while in an SPSV.
In addition to face covering, vehicle cleaning is also important, and guidance on this has been available to the SPSV industry and on the NTA website for the last number of months.
146. Deputy Mattie McGrath asked the Minister for Transport, Tourism and Sport if he will amend the composition of the Marine Casualty Investigation Board to ensure that its membership is both impartial and has sufficient maritime competency to carry out its duties in view of the European Court of Justice ruling against Ireland regarding failures to ensure the independence of the board; if he will establish a public enquiry into its previous investigations in view of the concerns of whistle-blowers, victims' families and the ECJ ruling; if he will accept and support the reintroduction of the Merchant Shipping (Marine Casualty Investigation Board) (Amendment) Bill 2019; and if he will make a statement on the matter. [16648/20]
Amharc ar fhreagraThe Marine Casualty Investigation Board (MCIB) was established in 2002 under the provisions of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (the 2000 Act). Its function is to investigate marine casualties and publish reports of such investigations involving Irish registered vessels worldwide, and other vessels in Irish territorial waters and inland waterways.
Section 8 of the 2000 Act provides that the MCIB shall be independent of the Minister for Transport in the performance of its functions and, in general, shall be independent of any other person or body whose interests could conflict with its functions.
Section 9 of the 2000 Act sets out the composition of the five person Board, which consists of three persons appointed by the Minister for Transport; the Chief Surveyor of the Department of Transport; and the Secretary General of the Department or his or her nominee. Under current arrangements, the three Ministerial appointments are made following an open application process involving the Public Appointments Service State Boards recruitment system. MCIB investigations are carried out by its panel of external investigators.
European Directive 2009/18/EC of 23 April 2009 established the fundamental principles governing the investigation of certain accidents in the maritime transport sector (with Member States having until 17 June 2011 to bring in the required legislation). The remit of the Directive is narrower than that of the MCIB as it excludes certain vessels from its application (such as fishing vessels of less than fifteen metres length; pleasure craft; and inland waterway vessels). Article 8.1 of the Directive provides inter alia that the investigative body shall be independent in its organisation, legal structure and decision making of any party whose interests could conflict with the task entrusted to it.
In 2011, the MCIB was designated as the investigative body in the State for the purposes of the Directive by Regulation 4 of the European Communities (Merchant Shipping) (Investigation of Accidents) Regulations 2011 (S.I. No. 276 of 2011).
The European Commission expressed concern about the composition of the Board of the MCIB in the context of the independence requirements of Article 8.1, with particular regard to the membership of the Chief Surveyor of the Department of Transport and the nominee of the Secretary General of the Department. The case was lodged with the Court of Justice of the European Union (CJEU) in March 2019.
On 9 July 2020 the CJEU delivered its judgment, declaring that by failing to provide for an investigating body which is independent in its organisation and decision making of any party whose interests could conflict with the task entrusted to that investigative body, Ireland has failed to comply with its obligations under Article 8.1 of Directive 2009/18/EC.
It is important to note that there was no finding of partiality on the part of the MCB but the CJEU has noted that a finding that the investigative body failed to act impartially in specific cases is not necessary to establish an infringement.
My Department is examining the judgment and is awaiting legal advice on possible next steps, including amending legislation. Any such proposals will provide a basis for early engagement with the European Commission in order to ensure that the Court findings and the concerns of the Commission are addressed.
I can assure the Deputy that every effort is being made to progress matters and to address the Court findings and the concerns of the European Commission as quickly as possible.
It is not my intention to seek any form of inquiry into the MCIB’s investigations, noted above, no finding of partiality has been made in the actions of the Board of the MCIB.
In relation to the Merchant Shipping (Marine Casualty Investigation Board) (Amendment) Bill 2019 – as you will know the Bill fell along with all such others due to the dissolution of the last Dáil. I expect that the actions taken to address the findings of the CJEU’s ruling will negate the need for the re-introduction of any similar Bill.
147. Deputy Darren O'Rourke asked the Minister for Transport, Tourism and Sport the status of the resumption of driver tests; if persons whose provisional licence lapsed during the pandemic will be prioritised for a test; the legal situation for drivers whose provisional licence has lapsed but are still awaiting a test; and if he will make a statement on the matter. [16687/20]
Amharc ar fhreagraDue to the closure of services provided by the Road Safety Authority (RSA) as a result of the Covid-19 outbreak, my predecessor took measures to extend the validity of number of documents, including the learner permit. Any learner permits which were due to expire from 1 March 2020 to 30 June 2020 inclusive have had their period of validity extended by 8 months. The issue of lapsed learner permits as a direct consequence of the suspension of services therefore should not arise.
The RSA has been working, in consultation with my Department, on plans for the resumption of the range of services and functions for which it is responsible, following the publication of the Government roadmap and, more recently, the National Return to Work Safety Protocol as agreed by employer and trade union representatives.
The driver testing service restarted on a phased basis during Phase 3 of the Government’s road map for easing of Covid19 restrictions. On Monday 29 June, driving tests resumed on a gradual basis for trucks, buses and motorcycles. Fourteen driving test centres reopened initially, but as the number of tests and categories of vehicles being tested increases, the remaining test centres will reopen.
The RSA will update its website, rsa.ie to advise on each centre as they re-open.
Following the publication by Government of a revised Phase 3 road map for reopening Ireland, driving tests for cars, vans and minibuses are also resuming on a phased basis. Priority will initially be given to frontline workers and those who had their driving tests cancelled as a result of the Covid-19 emergency response measures.
The safety of the public is of paramount importance at this time, whether from infection or from deaths and injuries on the road, and in this as in all aspects of the Covid-19 crisis, my Department will be guided by NPHET and national experts.
148. Deputy Brendan Howlin asked the Minister for Transport, Tourism and Sport his plans to reopen the Waterford to Rosslare to Europort rail link as set out in the Programme for Government; the time frame he has set for this rail corridor to be restored; the steps he proposes to take to ensure the project is completed; and if he will make a statement on the matter. [16688/20]
Amharc ar fhreagraThe Programme for Government does not contain a commitment of the type suggested by the Deputy.
The Programme for Government makes a strong commitment to fundamentally change the nature of transport in Ireland. To deliver on this will require a whole-of-system perspective across all modes of transport – including active travel, bus, and rail.
As referenced in the Programme for Government we are also committed to developing, and importantly implementing, transport strategies for all of the cities, including Waterford. This move toward evidence-based, plan-led strategic infrastructure development is in line with international best practice, allows for better integration of transport planning and land-use planning and is the means to deliver real change in our major cities.
I am pleased to say that the National Transport Authority, in co-operation with the local authority, has now commenced preparatory work on a metropolitan area transport strategy for Waterford. Development of the Strategy will allow for consideration of the potential role of all modes of transport, including the rail corridor referred to by the Deputy, and I look forward to the Strategy's progression in the second half of the year.
