Written Answers Nos. 174-182
174. Deputy Brendan Griffin asked the Minister for Transport the up-to-date position regarding a rehabilitation project for a bridge (details supplied) in County Kerry; if a proposed and funded lighting project will be delivered as part of anticipated works on the bridge; the anticipated timeline for the delivery of each aspect of the overall works; and if he will make a statement on the matter. [7246/24]
Amharc ar fhreagraAs 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 operation and management 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.
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.
175. Deputy Pádraig Mac Lochlainn asked the Minister for Transport following his recent meeting with members of Donegal County Council, if he will make changes to the national policy that denies planning permission to applicants in Donegal who would have to access on to the N56. [7333/24]
Amharc ar fhreagraAs 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.
The relevant planning guidelines are included in the Spatial Planning and National Road Guidelines which were published by the Department of Housing, Local Government and Heritage. As such, any changes to these guidelines would be a matter for that Department. TII implements these Guidelines in relation to national roads. Local authorities also consider these when drafting County Development Plans.
Noting the above position, I have referred your question to TII for a direct reply updating you as to the application of these guidelines on national roads. Please advise my private office if you do not receive a reply within 10 working days.
176. Deputy Brendan Griffin asked the Minister for Transport the up-to-date position regarding consideration of proposals for traffic calming and pedestrian crossings in Castlemaine village on the N70 and possibly the R561; and if he will make a statement on the matter. [7342/24]
Amharc ar fhreagraAs 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 operation and management 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.
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.
177. Deputy Thomas Pringle asked the Minister for Transport if Shannon Airport or any other facility of the State is not being used in any way which facilitates the United States' military support for Israel's war on Gaza, by military personnel in any way participating in, advising, or in any way supporting Israel's military assault on Gaza, where the ICJ has said there is a plausible risk of genocide; if he will provide reassurances that adequate, rigorous inspection processes are in place to ensure that US aircraft are unarmed, carry no arms, ammunition or explosives or otherwise engage in any form of activity which would facilitate or contribute to the commission of a genocide in Gaza, noting Ireland's obligation under the Genocide Convention to pro-actively prevent the act of genocide; and if he will make a statement on the matter. [7343/24]
Amharc ar fhreagraUnder the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, it is expressly prohibited for civil aircraft to carry munitions of war in Irish sovereign territory, without being granted an exemption to do so by the Minister for Transport.
In 2023 and to date in 2024, no applications have been received or exemptions granted to permit the carriage of munitions of war in Irish sovereign territory for a flight by a civil aircraft from the United States destined for a point in Israel.
In considering any application for such an exemption, my Department consults with and is guided by the Department of Foreign Affairs on matters related to foreign policy. Similarly, the Department of Justice is consulted to determine if there are any security considerations to take into account. Each application must detail the specific munitions of war to be carried to allow for an informed determination to be made.
As was communicated to the Deputy in their Parliamentary Questions 279 and 280 of 11 September 2023, the 1973 and 1989 Orders provide for the inspection of a civil aircraft, only whenever it appears that a flight would be operating from Ireland in contravention of them.
Insofar as it can be determined, there is no record of an inspection of a civil aircraft having been carried out pursuant to these orders. However, it is possible that such an aircraft may have been subject to a safety inspection, pursuant to EU regulation, by the Irish Aviation Authority.
Under the terms of the Air Navigation (Foreign Military Aircraft) Order, 1952, all foreign military aircraft wishing to overfly, or land in, the State require diplomatic clearance from the Minister for Foreign Affairs. Diplomatic clearance is subject to strict conditions, including that the aircraft is unarmed; that it carries no arms, ammunition or explosives; that it does not engage in intelligence gathering; and that the flight in question does not form part of a military exercise or operation.
This policy is well known and is fully understood by the United States and other international partners, and is done in compliance with Ireland’s traditional policy of military neutrality.
178. Deputy Dara Calleary asked the Minister for Transport to provide a list of all projects submitted by Mayo County Council for active travel funding under the announcement of 7 February 2024; how the successful projects within that list were chosen and how the other projects may be funded in the future; and if he will make a statement on the matter. [7403/24]
Amharc ar fhreagraAs Minister for Transport, I have responsibility for policy and overall funding in relation to Active Travel. Funding is administered through the National Transport Authority (NTA), who, in partnership with local authorities, have responsibility for the selection and development of specific projects in each local authority area.
Noting the role of the NTA in the matter, I have referred your question to that agency for a more detailed answer. If you do not receive a reply within 10 working days, please contact my private office.
179. Deputy Brendan Howlin asked the Minister for Finance when the revised disabled drivers and disabled passengers scheme will be introduced; when the criteria for issuing a primary medical certificate for his scheme will be revised; and if he will make a statement on the matter. [7180/24]
Amharc ar fhreagraThe Deputy will be aware that the final report of the National Disability Inclusion Strategy (NDIS) Transport Working Group's review of mobility and transport supports including the Disabled Drivers and Disabled Passenger’s Scheme (DDS), endorsed proposals for a modern, fit-for-purpose vehicle adaptation scheme in line with international best practice that would replace the DDS.
The Working Group was chaired by Minister Anne Rabbitte and led by the Department of Children, Equality, Disability, Integration and Youth (DCEDIY).
Access to transport for people with disabilities is a multifaceted issue that involves work carried out by multiple Government departments and agencies. Consequently under the aegis of the Department of Taoiseach officials from relevant Departments and agencies are meeting to discuss the issues arising from the NDIS report and to map a way forward.
My officials are proactively engaging with this Senior Officials Group's (SOG) work as an important step in considering ways to replace the DDS, as one specific personal transport response, in the context of broader Government consideration of holistic, multifaceted and integrated transport and mobility supports for those with a disability. Three meetings of the group have been held, in July, November and December 2023.
The Department of Finance has recently submitted a note to the group with my approval in mid-January 2024. This note outlines a proposal for a replacement scheme for the DDS which would be a needs-based, grant-led approach for necessary vehicle adaptations that could serve to improve the functional mobility of the individual. This proposal is in line with what the NDIS Transport Working Group Report endorsed.
It is expected that this note will be considered by the SOG at a forthcoming meeting of the group. In that context, the Deputy should note that any further changes to the existing DDS would run counter to NDIS proposals to entirely replace the scheme with a modern, fit-for-purpose vehicular adaptation scheme.
Finally the Deputy should be aware that while my Department has oversight of the DDS, it does not have responsibility for disability policy, so any decision to put in place a new scheme to replace it will be a matter for Government.
180. Deputy Pearse Doherty asked the Minister for Finance further to Parliamentary Question No. 352 of 17 January 2024, regarding the decision by the Tax Appeal Commissioners that the Revenue Commissioners had been applying the wrong test for normal residence in VRT cases with the Revenue Commissioners confirming that the same test had been applied in similar cases; how many persons have had the wrong test for normal residence applied; how many persons have paid penalties or tax as a result of this wrong test being applied; and if he will make a statement on the matter. [7207/24]
Amharc ar fhreagraI am advised by Revenue that each application for exemption or relief from Vehicle Registration Tax (VRT) under the Vehicle Registration Tax (Permanent Reliefs) Regulations 1993 is considered on a case-by-case basis. Such applications may, where appropriate, include the consideration of ‘normal residence’ criteria as defined in the Regulations.
A taxpayer has the right to appeal Revenue’s decision to refuse a Transfer of Residence (TOR) exemption through Revenue’s Complaint and Review Procedures mechanism, and via the Tax Appeals Commission (TAC). Further guidance in relation to both VRT exemptions and reliefs, including TOR relief and the VRT appeals procedure can be found on the Revenue website at www.revenue.ie/en/vrt/index.aspx.
As previously advised Revenue carefully considers all TAC determinations and is continually reviewing its processes, procedures and Tax and Duty Manuals to ensure compliance with all legislative requirements. In relation to the TAC determination concerned, Revenue confirms that it has considered all aspects of this determination, together with the guidance available to staff, and is satisfied that the printed guidance and the tests applied in determining ‘normal residence’ are appropriate and are applied in a consistent manner. I can confirm that one appeal involving ‘Normal Residence’ was heard by TAC in 2021 prior to this determination with four subsequent TAC determinations on this subject, all of which were found in Revenue’s favour.
Revenue has no information on any individual case where ‘normal residence’ was not correctly considered in line with the printed guidance and legislative requirements.
Finally, Revenue confirms that all reasonable steps are taken to ensure that customers are treated fairly and consistently and with due regard to the specific facts and circumstances of each case. Notwithstanding, Revenue advises each applicant of their right to appeal should they disagree with Revenue’s decision.
181. Deputy Eoin Ó Broin asked the Minister for Finance the current status of the Disabled Drivers Medical Board of Appeal; the number of appeals awaiting assessment; if an indication of a timeframe to clear the backlog of appeals is available; and if he will make a statement on the matter. [7260/24]
Amharc ar fhreagraI have now formally appointed all five members to the new Disabled Drivers Medical Board of Appeal (DDMBA) and appeal hearings recommenced in the first half of December 2023.
I appreciate that it has taken far longer than anticipated to get to this point. In this regard four Expression of Interest campaigns have had to be run over 18 months to source the legislatively required five members. Officials have also had to re-negotiate new hosting arrangements with the NRH following their withdrawal of services in February 2023.
As of 13 February 2024 there are 923 appellants on the waiting list. 169 appellants have been assessed since the appeals process recommenced. The Board has prioritised the waiting list using clinically-based criteria. They are working to address the backlog as quickly as possible.
182. Deputy Eoin Ó Broin asked the Minister for Finance for an update on the provision of a fit-for-purpose vehicle adaptation scheme to replace the disabled drivers and passengers scheme; if a timeframe is available; and if he will make a statement on the matter. [7261/24]
Amharc ar fhreagraThe Deputy will be aware that the final report of the National Disability Inclusion Strategy (NDIS) Transport Working Group's review of mobility and transport supports including the Disabled Drivers and Disabled Passenger’s Scheme (DDS), endorsed proposals for a modern, fit-for-purpose vehicle adaptation scheme in line with international best practice that would replace the DDS.
The Working Group was chaired by Minister Anne Rabbitte and led by the Department of Children, Equality, Disability, Integration and Youth (DCEDIY).
Access to transport for people with disabilities is a multifaceted issue that involves work carried out by multiple Government departments and agencies. Consequently under the aegis of the Department of Taoiseach officials from relevant Departments and agencies are meeting to discuss the issues arising from the NDIS report and to map a way forward.
My officials are proactively engaging with this Senior Officials Group's (SOG) work as an important step in considering ways to replace the DDS, as one specific personal transport response, in the context of broader Government consideration of holistic, multifaceted and integrated transport and mobility supports for those with a disability. Three meetings of the group have been held, in July, November and December 2023.
The Department of Finance has recently submitted a note to the group with my approval in mid-January 2024. This note outlines a proposal for a replacement scheme for the DDS which would be a needs-based, grant-led approach for necessary vehicle adaptations that could serve to improve the functional mobility of the individual. This proposal is in line with what the NDIS Transport Working Group Report endorsed.
It is expected that this note will be considered by the SOG at a forthcoming meeting of the group.
Finally the Deputy should be aware that while my Department has oversight of the DDS, it does not have responsibility for disability policy, so any decision to put in place a new scheme to replace it will be a matter for Government.
