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Tuesday, 31 Jan 2023

Written Answers Nos. 222-241

Air Services

Ceisteanna (223)

Alan Dillon

Ceist:

223. Deputy Alan Dillon asked the Minister for Transport when a resolution will be made in respect of a refund for persons (details supplied); and if he will make a statement on the matter. [4315/23]

Amharc ar fhreagra

Freagraí scríofa

The EU Regulation (EC) No. 261/2004 sets out the rights and entitlements of airline passengers in instances of flight cancellations, among other matters. It provides that where a flight is cancelled then the air carrier must offer you the choice of re-routing as soon as possible after the original departure time, re-routing at a later date or a refund of the cost of the unused flight ticket. The regulation provides that the refund must be paid within seven days of the cancellation. You may also be entitled to compensation under certain conditions unless the air carrier can prove the cancellation was caused by extraordinary circumstances.

In Ireland, the Commission for Aviation Regulation (CAR) is the designated National Enforcement Body (NEB) in relation to the enforcement of Regulation (EC) 261/2004 for flights departing Ireland or flights from a non-EEA country to an Irish airport.  

Anyone who has already corresponded with the airline but is unsatisfied with their response or has not received a reply after 6 weeks is advised to contact the Commission for Aviation Regulation. The Commission may be contacted via their dedicated Air Passenger Rights website www.flightrights.ie or by phone at 01-6611700.

If the cancelled flight was due to depart an EU Member State other than Ireland the contact details of the relevant National Enforcement Body with whom a formal complaint may be raised is available at transport.ec.europa.eu/transport-themes/passenger-rights/national-enforcement-bodies-neb_en

Departmental Reviews

Ceisteanna (224)

Frankie Feighan

Ceist:

224. Deputy Frankie Feighan asked the Minister for Transport when he expects to publish the strategic rail review. [4348/23]

Amharc ar fhreagra

Freagraí scríofa

The Strategic Rail Review is being undertaken in co-operation with the Department for Infrastructure in Northern Ireland. The results of the review will inform the development of the railway sector on the Island of Ireland over the coming decades. A draft report is currently being finalised by the consultants carrying out the Review, for submission to the Departments. The finalised draft report will be submitted for approval to both Ministers and, ultimately, the Government and the Northern Ireland Executive as appropriate. After the necessary approvals have been secured, I will publish the report.

Airport Policy

Ceisteanna (225)

Pa Daly

Ceist:

225. Deputy Pa Daly asked the Minister for Transport if his Department's attention has been drawn to a location at Shannon Airport (details supplied); and if the location meets the ICAO and EASA specifications for a taxiway. [4467/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, the oversight of safety standards at airports is a matter for the Irish Aviation Authority (IAA).

Regarding the specific question, I am informed by Shannon Airport Group that it no longer operates a section of the airfield formerly known as ‘Taxiway 11’ as a taxiway. This section of the airfield is used for aircraft parking and is referred to as ‘Parking Area 11’ which consists of a number of aircraft parking stands.

In light of IAA's responsibility for oversight of safety standards at airports, I have referred the Deputy's question to the IAA for a direct response.  If you do not receive a response within 10 working days please contact my private office.

Electric Vehicles

Ceisteanna (226)

Catherine Connolly

Ceist:

226. Deputy Catherine Connolly asked the Minister for Transport if all electric and hybrid vehicles in operation in Ireland are required to be fitted with acoustic vehicle alerting systems; if so, the details of the policy or legislation underpinning this requirement; and if he will make a statement on the matter. [4507/23]

Amharc ar fhreagra

Freagraí scríofa

Since July 2019, all electric and hybrid vehicles placed on the market in the EU, including Ireland, are required under Commission Delegated Regulation (EU) 2017/1576 to have an acoustic vehicle alerting system (AVAS) fitted that will automatically emit a noise when travelling at speeds below 20km/h and when reversing to alert pedestrians of oncoming vehicles. The device is obligatory in all new EVs since 1 July 2021.

This requirement has been given effect in Irish law by means of the European Union (Road Vehicles: Type-Approval and Market Surveillance) Regulations 2020 (S.I. No. 556 of 2020).

Official Engagements

Ceisteanna (227)

Catherine Connolly

Ceist:

227. Deputy Catherine Connolly asked the Minister for Transport his plans to meet with a number of organisations (details supplied) to discuss their concerns regarding the Road Traffic and Roads Bill 2021 in its current form and its implications for persons with access needs; if he will provide details of any engagement he has had to date in this regard with these organisations; and if he will make a statement on the matter. [4508/23]

Amharc ar fhreagra

Freagraí scríofa

I am aware that the organizations referred to by the Deputy have a number of concerns regarding electric scooters.  These concerns have been expressed to my Department, and include such matters as where the scooters will be used, speed limits, and the possibility of audio warning devices being required.  

When e-scooters first began to appear on our streets, there were no provisions in the law specifically designed to cater for them.  By default, they fit under existing law in the class called 'mechanically propelled vehicles' (MPVs).  It is illegal to use an MPV in a public place without tax, insurance, and an appropriate category of driving licence.  E-scooters cannot be taxed as they are not type approved, and there is no appropriate category of driving licence.  It is therefore, at present, illegal to use them in a public place.

I believe that e-scooters have a role to play as form of emission-free micromobility.  At the same time, they have to be legislated for in a way which will ensure the safety of e-scooter riders and of other road users.  The Road Traffic and Roads Bill 2021, which has been passed by the Dáil and is currently before the Seanad, addresses e-scooters, among a range of other matters. 

The Bill will a new class of Powered Personal Transporters (PPTs), which will be distinct from MPVs.  In line with standard practice in Road Traffic law, once PPTs are a legal class of vehicle I as Minister will be empowered to make regulations for the construction, equipment and use of PPTs.

The matters of concern raised by the organisations referred to by the Deputy are matters which are dealt with in regulations rather than in Acts, for all classes of vehicle.  PPTs will be no different in that regard, and questions of where PPTs can be used, speed limits applying to them, or whether they should have audio devices are matters which will be addressed in regulations after the necessary enabling powers have been provided by the Bill.

As a general principle, I have always made clear that I see e-scooters as being in a similar position to (pedal) bicycles.  I can confirm that it is my intention that, under regulations, e-scooters will not be permitted to use footpaths.  The views of the organisations referred to, as well as other responses received in the two public consultations already conducted on the issue, will be taken into account in the framing of the regulations.

Bus Services

Ceisteanna (228)

Martin Kenny

Ceist:

228. Deputy Martin Kenny asked the Minister for Transport if his attention has been drawn to the costs involved for those commuting daily from County Leitrim on the Bus Éireann service from Carrick-on-Shannon to Dublin; if he has plans to introduce a fare reduction to incentivise more passengers on board the service; and if he will make a statement on the matter. [4546/23]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has responsibility for the regulation of fares charged to passengers in respect of public transport services provided under public service obligation (PSO) contracts. 

However, the NTA does not have a role in the setting of fares for services provided by commercial operators, including Bus Éireann Expressway. That is a matter for the individual commercial operators themselves. 

In light of the above, I have forwarded the Deputy's specific question in relation to fares for an Expressway route to Bus Éireann, for direct reply.  Please advise my private office if you do not receive a response within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Bus Services

Ceisteanna (229)

Martin Kenny

Ceist:

229. Deputy Martin Kenny asked the Minister for Transport if he has plans to increase the regularity of the bus service in Ballintogher, County Sligo, from a twice-daily service; and if he will make a statement on the matter. [4547/23]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling and timetabling of these services in conjunction with the relevant transport operators.

In light of the Authority's responsibility in this area, I have forwarded the Deputy's specific question in relation to increasing the regularity of the bus service in Ballintogher, County Sligo, from a twice-daily service, to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Road Projects

Ceisteanna (230)

Seán Sherlock

Ceist:

230. Deputy Sean Sherlock asked the Minister for Transport the average time for a project to go from gate zero to gate six construction; and the timelines involved in previous projects in the past 20 years that went through those gates. [4604/23]

Amharc ar fhreagra

Freagraí scríofa

The Public Spending Code, published in 2013, is the set of roles, procedures and guidance to ensure value-for-money in public expenditure across the Irish Public Service. The Code applies to all organisations that spend public money. The Department of Public Expenditure and Reform reviewed and updated the Code in 2019 and the updates were applied from 1 January 2020.

There are four Decision Gates in the Public Spending Code lifecycle. These are:

- Decision Gate 0 - Reached on completion of the Strategic Assessment Report, in which the project rationale, objectives, and list of options is set out

- Decision Gate 1 - Reached on completion of the Preliminary Business Case for the project

- Decision Gate 2 - Reached on completion of the Detailed Project Brief and Procurement Strategy

- Decision Gate 3 - Reached on completion of the Final Business Case

It should be noted that Gate 0 approval was only introduced in 2019 when the Code was revised. Only when a project is approved at Gate 3 does it have approval to proceed to construction.

The time in which it takes any particular project to reach each of these Decision Gates varies from project to project, depending on the length of time it takes to develop the project and pass through any necessary statutory processes. Average timelines do not reflect the complexity of individual projects and given the length of time the current version of the code has been in place it is not possible to provide such a time at this point.

Road Projects

Ceisteanna (231)

Seán Sherlock

Ceist:

231. Deputy Sean Sherlock asked the Minister for Transport the route being considered under a gate zero proposal (details supplied). [4605/23]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for overall policy and 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 planning, design and construction 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 and the necessary statutory approvals. In this context, TII is best placed to advise you on the status of this project.

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.

A referred reply was forwarded to the Deputy under Standing Order 51.

Bus Services

Ceisteanna (232)

Jennifer Whitmore

Ceist:

232. Deputy Jennifer Whitmore asked the Minister for Transport if his attention has been drawn to reports that the 102 bus from Malahide to Sutton has frequently not turned up, leaving passengers stranded; and the reason that this is occurring. [4640/23]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling and timetabling of these services in conjunction with the relevant transport operators.

In light of the Authority's responsibility in this area, I have forwarded the Deputy's specific question in relation to Go-Ahead Ireland 102 bus route to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51.

Rail Network

Ceisteanna (233)

Michael Lowry

Ceist:

233. Deputy Michael Lowry asked the Minister for Transport if he will provide an update on the Government’s commitment to delivering the MetroLink project; and if he will make a statement on the matter. [4645/23]

Amharc ar fhreagra

Freagraí scríofa

MetroLink is a key project under the National Development Plan 2021-30 that the Government is committed to delivering.

A significant milestone in the progression of the MetroLink project was cleared in July 2022, when MetroLink received Decision Gate (DG) 1 approval under the Public Spending Code (PSC) from the Government. This decision enabled the project to move to planning application stage and on 30 September 2022 Transport Infrastructure Ireland submitted a Railway Order application to An Bord Pleanála. The statutory consultation period for this submission closed on 16 January this year.

Assuming timely planning approval from An Bord Pleanála, and Government approval at DG 2 and DG 3 of the PSC, MetroLink could commence construction in late 2025 such that it would start operations in the early 2030s.

Rail Network

Ceisteanna (234, 235)

Michael Lowry

Ceist:

234. Deputy Michael Lowry asked the Minister for Transport the expected timeline for the MetroLink project to move to the planning and procurement processes; and if he will make a statement on the matter. [4646/23]

Amharc ar fhreagra

Michael Lowry

Ceist:

235. Deputy Michael Lowry asked the Minister for Transport the estimated dates for the publication of the detailed project brief and procurement strategy as part of the final business case stage for the MetroLink project and the ensuing tender documents. [4647/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 234 and 235 together.

A significant milestone in the progression of the MetroLink project was cleared in July 2022, when the project received Decision Gate (DG) 1 approval under the Public Spending Code (PSC) from Cabinet. This decision enabled the project to move to the planning application stage and on 30 September 2022 Transport Infrastructure Ireland (TII) submitted a Railway Order application to An Bord Pleanála. The statutory consultation period for this submission closed on 16 January this year.

A detailed project brief and procurement strategy is being prepared as MetroLink progresses towards DG2 of the PSC. Assuming timely planning approval from An Bord Pleanála, and Government approval at DG 2 of the PSC, the procurement process for the project will be finalised by 2025.

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. The National Transport Authority (NTA) has statutory responsibility for the planning and development of public transport infrastructure in the Greater Dublin Area which includes, in conjunction with TII, MetroLink.

Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for a direct reply to the specific issues raised. Please contact my private office if you do not receive a reply within 10 days.

A referred reply was forwarded to the Deputy under Standing Order 51
Question No. 235 answered with Question No. 234.

Rail Network

Ceisteanna (236)

Michael Lowry

Ceist:

236. Deputy Michael Lowry asked the Minister for Transport if the consultation period for the application of the MetroLink project will be further extended; the length of time it will take to review stakeholders’ submissions; and if his Department intends to launch any further public consultations on the railway through the project lifecycle. [4648/23]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport.  The National Transport Authority (NTA) has statutory responsibility for the planning and development of public transport infrastructure in the Greater Dublin Area, including, in conjunction with TII, MetroLink. 

Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for a direct reply.  Please contact my private office if you do not receive a reply within 10 days.

Rail Network

Ceisteanna (237)

Michael Lowry

Ceist:

237. Deputy Michael Lowry asked the Minister for Transport if the MetroLink project is to be procured by public private partnership; if he will provide details of the share of total construction costs to be funded by public expenditure, as well as the funding levels secured to date in budget 2023 and the National Development Plan 2021-2030. [4649/23]

Amharc ar fhreagra

Freagraí scríofa

MetroLink is at a relatively early stage of development and final construction costs will not be known until after the planning and procurement processes. Approximately three-quarters of the total MetroLink construction expenditure is expected to be funded by the Exchequer, with the remainder funded through public-private partnership (PPP) which will be repaid after services begin operation. A detailed project brief and procurement strategy is being prepared as MetroLink progresses towards Decision Gate 2 of the Public Spending Code.

Over €850 million has been allocated for capital investment in public transport infrastructure in Budget 2023. This funding will support the delivery of better public transport services to citizens and the progression of public transport projects and programmes across the country, including the continued development of MetroLink.

The National Development Plan (NDP) has set out a €35 billion funding envelope for investment in transport between 2021 and 2030. MetroLink is a strategic investment priority in the NDP and it is expected that the funding delivered under the current NDP will allow MetroLink to begin construction later this decade.

Driver Test

Ceisteanna (238)

Pearse Doherty

Ceist:

238. Deputy Pearse Doherty asked the Minister for Transport if a driving test will be expedited for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [4711/23]

Amharc ar fhreagra

Freagraí scríofa

The Road Safety Authority (RSA) has statutory responsibility for all aspects of the national Driving Test. This includes test applications and scheduling matters. Neither I nor my Department have the power to intervene in individual cases.

I believe the RSA operates a fair and transparent appointment scheduling process, consequently, I understand that those who are eligible and have been waiting the longest are offered a test first.

I am told that urgent tests are only available to applicants who are employed by the HSE, a private hospital or the emergency services where the candidate would need to drive as part of their job (not including commuting to their place of work).

Information on who can apply for an emergency test is available at www.rsa.ie/services/learner-drivers/the-driving-test/faqs

Customs and Excise

Ceisteanna (239, 240, 241, 273, 274)

Noel Grealish

Ceist:

239. Deputy Noel Grealish asked the Minister for Finance the personal duty-free alcohol and tobacco product limits between the Ireland and UK duty-free zone; how these limits are enforced by the appropriate authorities at Irish airport and ferry ports; and if he will make a statement on the matter. [4509/23]

Amharc ar fhreagra

Noel Grealish

Ceist:

240. Deputy Noel Grealish asked the Minister for Finance the personal duty-free allowances and limits for alcohol and tobacco products for individuals traveling to Ireland from inside and outside the European Union; and if he will make a statement on the matter. [4510/23]

Amharc ar fhreagra

Noel Grealish

Ceist:

241. Deputy Noel Grealish asked the Minister for Finance the additional resources and the appropriate authorities that have been allocated for the enforcement of the duty-free allowance limits on arrival at ports and airports following the reintroduction of duty free between the UK and Ireland; and if he will make a statement on the matter. [4511/23]

Amharc ar fhreagra

Noel Grealish

Ceist:

273. Deputy Noel Grealish asked the Minister for Finance the number of seizures conducted by customs officials on duty-free alcohol and tobacco products which exceeded the personal limits at airports and ports in 2021 and 2022; and if he will make a statement on the matter. [4512/23]

Amharc ar fhreagra

Noel Grealish

Ceist:

274. Deputy Noel Grealish asked the Minister for Finance the quantities of duty-free alcohol and tobacco products brought into Ireland from the UK duty free zone in 2021 and 2022; and if he will make a statement on the matter. [4513/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 239, 240, 241, 273 and 274 together.

Revenue, as Ireland’s tax and customs administration, is responsible for controlling the importation and exportation of goods in accordance with the Union Customs Code (UCC) and relevant national legislation. This includes the application of duty-free allowances and the collection of any additional duties due.

The duty-free tobacco and alcohol allowances for individuals travelling from outside the EU, including the UK, are:

- 200 cigarettes, 100 cigarillos, 50 cigars, or 250g smoking tobacco;

- 1 litre of spirits or 2 litres of other alcoholic drinks with no more than 22% alcohol.

Individuals travelling to Ireland from within the EU can bring in an unlimited amount of most goods as VAT and duties were included in the price paid. However, tobacco products and alcohol are subject to indicative limits. The indicative limits are quantities that are considered as being for personal use. If individuals wish to bring in tobacco products and alcohol up to these indicative limits without paying extra tax or duty, they must be 17 or older and keep receipts to prove tax and duty has been paid. The goods must be accompanied by the individual and be acquired for personal use with no intent to sell.

For individuals travelling within the EU, the following quantities are generally considered as being for personal use:

- 800 cigarettes

- 400 cigarillos

- 200 cigars

- 1kg smoking tobacco

- 10 litres of spirits

- 20 litres of other alcoholic drinks with no more than 22% alcohol

- 90 litres of wine (of which only 60 litres can be sparkling)

- 110 litres of beer. 

I am advised that Revenue cannot provide details of the quantity of duty-free alcohol and tobacco products brought into Ireland from the UK by individuals for personal use as there is no requirement for such persons to declare these goods once they meet the aforementioned indicative limits and are for personal use. I am also informed that it is not possible to disaggregate the number of seizures of tobacco and alcohol in excess of duty-free allowances at ports and airports from the total number of tobacco and alcohol seizures.

The following table below outlines the total number of seizures of cigarettes, tobacco and alcohol in 2021 and 2022:

Product

2021

2022

Cigarettes

4,889

5,343

Tobacco

1,692

1,541

Alcohol

3,507

3,961

I am advised that Revenue implements a range of risk-based measures to identify and target the smuggling, supply or sale of illicit tobacco and alcohol, including duty free tobacco and alcohol in excess of duty-free allowances. Sanctions implemented include, where possible, prosecuting those involved. In its efforts to detect the importation of excess duty-free goods, Revenue uses a combination of risk analysis, profiling, intelligence, screening of checked-in and carry-on baggage and the deployment of its detector dog teams. Consistent with its risk-based approach, Revenue, as an integrated tax and customs administration, adopts a flexible approach to the deployment of resources aligned to evolving business needs and emerging or changing risks.

Question No. 240 answered with Question No. 239.
Question No. 241 answered with Question No. 239.
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