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Wednesday, 22 May 2024

Written Answers Nos. 32-50

Undocumented Irish in the USA

Ceisteanna (32)

Brendan Smith

Ceist:

32. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs if there have been any recent discussions with the United States authorities in relation to immigration reform, with particular reference to the need to regularise the status of the undocumented Irish; and if he will make a statement on the matter. [23094/24]

Amharc ar fhreagra

Freagraí scríofa

Addressing the difficult situation of undocumented Irish emigrants in the United States and working to secure legal pathways for Irish people seeking to live and work in the US continues to be a key priority for the Government. Ireland continues to raise immigration issues at every appropriate engagement with the United States Government and Congress.

The Government actively supports the efforts of President Biden’s administration to achieve comprehensive immigration reform. While comprehensive reform that identifies a clear pathway for undocumented Irish citizens to regularise their status would be the optimal solution, we should not underestimate the major obstacles to achieving this, given the political sensitivities of immigration issues in the United States, including in Congress.

I welcome the recent reintroduction of bipartisan legislation to add Ireland to the E3 visa programme. The Government continues actively to support this renewed effort to get an ‘Irish specific’ category of E3 visa, and our Embassy in Washington will continue to work with key contacts on Capitol Hill in support of this effort.

During my last visit to the United States, in February, I raised immigration issues on a number of occasions. In Washington, I discussed prospects for immigration reform with members of the United States Congress, including the Friends of Ireland caucus. In Chicago, I spent time with organisations that are actively supporting the Irish diaspora. One of the organisations I met, Irish Community Services, receives funding from my Department’s Emigrant Support Programme to provide immigration and community services to the Irish community in the region, including free consultations with immigration lawyers. During former Taoiseach Leo Varadkar’s meetings with President Biden in Washington in March, he stressed the difficulties faced by Irish people in the US who remain undocumented and expressed the Government’s wish to see a solution that helps to regularise their status. He also discussed our shared wish to see increased opportunities for young people to travel and gain experience between Ireland and the US.

In addition to this support and to our engagement at the Federal level through our Embassy in Washington DC, our eight Consulates General in the U.S. continue proactively to seek opportunities to improve the day-to-day lives of the Irish undocumented, including by working with local state governments.

The Department of Foreign Affairs continues to provide significant funding through the Emigrant Support Programme to organisations providing ongoing, valuable assistance to our citizens, including the undocumented, in cities across the United States.

Passport Services

Ceisteanna (33, 34)

James Lawless

Ceist:

33. Deputy James Lawless asked the Tánaiste and Minister for Foreign Affairs to examine an issue regarding a passport application (details supplied); and if he will make a statement on the matter. [23151/24]

Amharc ar fhreagra

Bernard Durkan

Ceist:

34. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs when a passport will issue in the case a child (details supplied) who is travelling in two weeks; if all is now in order with this application; and if he will make a statement on the matter. [23152/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 33 and 34 together.

With regard to the specific application about which the Deputies have enquired, further supporting documents for this application were received on 9th May 2024. Turnaround time from the receipt of further supporting documents is 15 working days.

Question No. 34 answered with Question No. 33.

Passport Services

Ceisteanna (35)

Paul McAuliffe

Ceist:

35. Deputy Paul McAuliffe asked the Tánaiste and Minister for Foreign Affairs if a passport will be expedited for a person (details supplied). [23210/24]

Amharc ar fhreagra

Freagraí scríofa

With regard to the specific application about which the Deputy has enquired, the Passport Service requested further documents for the application on 20 May 2024. The application cannot proceed until the required supporting documents have been received.

Diplomatic Representation

Ceisteanna (36)

Paul Donnelly

Ceist:

36. Deputy Paul Donnelly asked the Tánaiste and Minister for Foreign Affairs the number of times in 2023 and to-date in 2024 the Irish Consulate General based in Sydney has met with the premier of North South Wales, Australia, in tabular form. [23254/24]

Amharc ar fhreagra

Freagraí scríofa

The current premier of New South Wales in Australia, Chris Minns, assumed office on 28 March 2023. Since then, the Consulate General of Ireland has met with the Premier four times:

Date

Detail

20/07/2023

Women’s World Cup match and event (Ireland versus Australia)

30/08/2023

NSW Parliament Budget 2023 discussion event

23/10/2023

NSW Government-International relationships and trade event

21/11/2023

European-Australia Business Council event

In addition to engagements with the Premier, the Consul General has undertaken extensive political engagement including with senior Cabinet Ministers, the President of the Parliamentary Legislative Council and the speaker of the NSW Parliament. This is in addition to engagements between the Consul General and the co-chairs of the Friends of Ireland Parliamentary Group and the Friends of the EU Parliamentary Group respectively.

National Broadband Plan

Ceisteanna (37)

Louise O'Reilly

Ceist:

37. Deputy Louise O'Reilly asked the Minister for the Environment, Climate and Communications when a property (details supplied) will be connected under the National Broadband Plan with high-speed broadband. [23106/24]

Amharc ar fhreagra

Freagraí scríofa

The National Broadband Plan (NBP) is the government's initiative to deliver high speed broadband services to all premises in Ireland.

The premises in question is in the BLUE area on the broadband map. The BLUE area represents those areas where commercial providers are either currently delivering or have plans to deliver high-speed broadband services. The Department defines high-speed broadband as a connection with minimum speeds of 30 Mbps download and 6 Mbps upload.

The activities of commercial operators delivering high-speed broadband within BLUE areas are not planned or funded by the State and the Department has no statutory authority to intervene in that regard. There may be a choice of operators offering this service in any given area. Further information in this regard is available at www.comreg.ie/compare/#/services.

If a person lives in the BLUE area and after contacting their Retail Service Provider are told they cannot get access to greater than 30 Mbps, they should raise a query via the Department of Environment, Climate and Communications (DECC) webform at secure.dccae.gov.ie/forms/NBP-Customer-Service.aspx and the department will escalate with the commercial operator to investigate this matter further.

As per records made available to this department the premises in question is currently capable of getting 90 Mbps from open eir’s local HSBB cabinet BRN1_011.

Additionally, the premises is included in open eir's Full Fibre deployment programme which will provide a full fibre Gigabit connection with speeds up to 2 Gbps.

Airport Policy

Ceisteanna (38, 39, 40, 41, 42)

Alan Farrell

Ceist:

38. Deputy Alan Farrell asked the Minister for Transport the rules that are in place for airlines using Irish airports to ensure specialised mobility and health aids are carried on aircraft including those which contain batteries; and if he will make a statement on the matter. [23016/24]

Amharc ar fhreagra

Alan Farrell

Ceist:

39. Deputy Alan Farrell asked the Minister for Transport how Dublin Airport and other Irish airports are funded by his Department to support passengers with reduced mobility and disabilities; and if he will make a statement on the matter. [23017/24]

Amharc ar fhreagra

Alan Farrell

Ceist:

40. Deputy Alan Farrell asked the Minister for Transport the value of the contracts issued to Dublin Airport and all other Irish airports funded by his Department; and if he will make a statement on the matter. [23018/24]

Amharc ar fhreagra

Alan Farrell

Ceist:

41. Deputy Alan Farrell asked the Minister for Transport how often the contract issued to companies to support passengers with reduced mobility and disability is tendered for; and if he will make a statement on the matter. [23019/24]

Amharc ar fhreagra

Alan Farrell

Ceist:

42. Deputy Alan Farrell asked the Minister for Transport the measures that are in place by his Department to ensure a quality service is provided at Dublin Airport and all Irish airports by the company contracted to provide support for passengers with reduced mobility and disabilities; and if he will make a statement on the matter. [23020/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 38 to 41, inclusive, together.

Irish Airports must comply with European Union Regulation (EC) 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (“Regulation 1107”). The objective of this Regulation is to ensure “high and equivalent levels of protection and assistance throughout the Member States and to ensure that economic agents operate under harmonised conditions in a single market.” The Irish Aviation Authority ("IAA”) is the National Enforcement Body for Regulation 1107.

In relation to the issues raised by the Deputy I am informed by the IAA that the position is as follows.

As part of the IAA’s enforcement framework, its Consumer Affairs team conducts inspections of Irish airports to determine compliance with this Regulation. Reports on inspections are published by the IAA on its website www.iaa.ie. 

Article 9 of Regulation 1107 requires all Irish airports with annual traffic which exceeds 150,000 commercial passenger movements to set quality standards for the assistance they provide. All airports must publish these quality standards. The IAA, as part of its inspection framework, has reviewed the quality standards published by the airports and can confirm that these documents are all published on the website of the airport concerned.

In respect of the carriage of mobility and health aids, each airline has individual ground handling policies regarding the carriage of baggage and other items. Airlines must also comply with national legislation regarding safety. With regards to Regulation 1107, airlines are obliged to carry, in addition to medical equipment, “up to two pieces of mobility equipment per disabled person or person with reduced mobility, including electric wheelchairs subject to advance warning of 48 hours and to possible limitations of space on board the aircraft, and subject to the application of relevant legislation concerning dangerous goods.” The Regulation further specifies that “where wheelchairs or other mobility equipment or assistive devices are lost or damaged during handling at the airport or during transport on board aircraft, the passenger to whom the equipment belongs should be compensated, in accordance with rules of international, Community and national law.” As part of its inspection process, the IAA ensures Irish airports comply with the above element of Regulation 1107 and that they have a policy in place should mobility equipment become lost or damaged.

In respect of the financing of assistance services, Regulation 1107 provides these can be financed by way of a levy “in such a way as to spread the burden equitably among all passengers using an airport and to avoid disincentives to the carriage of disabled persons and persons with reduced mobility. A charge levied on each air carrier using an airport, proportionate to the number of passengers it carries to or from the airport, appears to be the most effective way of funding”.

In Dublin Airport, a levy of €0.74 per passenger applies, which is collected, by daa, through the airlines. The IAA ensures this levy is set in a transparent way, and that it reflects the costs of providing the service.  In addition, as part its price cap regulation of Dublin Airport, the IAA sets various quality of service targets which have associated penalties and bonuses. Included in that suite of measures are measures and targets in relation to the provision of service to passengers with reduced mobility and the general satisfaction of those departing using assistance services. There are objective measures set based on the length of time passengers are waiting for assistance and subjective survey-based measures which relate to satisfaction with the additional assistance. These measures also observe the satisfaction with airport facilities (e.g. toilet facilities) provided for passengers who require additional assistance.

My Department’s Regional Airports Programme 2021-2025 supports Ireland’s smallest airports, i.e., those that provide scheduled passenger services and handle fewer than one million annual passengers (on average over the two preceding financial years).  Airports currently eligible for supports are Ireland West (Knock), Kerry and Donegal. This Programme targets funding at safety and security related activities and operations, assisting these airports to remain compliant with regulatory requirements in these areas. Projects with a sustainable focus are also supported, encouraging airports to reduce emissions and build climate resilience.

Funding under the Regional Airports Programme is not directly targeted at supporting passengers with reduced mobility and disability. However, in accordance with the Grant Agreements issued by the Department to each airport company, where appropriate, projects funded must be accessible to persons with disabilities. As the Deputy will be aware, under the Irish Human Rights and Equality Act 2014, the Department has a positive legal duty to have regard to the need to eliminate discrimination, promote equality and protect the human rights of staff and persons who avail of the services provided. In accordance with this duty, the Department requires that the relevant airport company, in carrying out the activities and operations that are the subject of funding under the Programme, have regard to the need to eliminate discrimination, promote equality and protect the human rights of staff and persons to whom services are provided.

In respect of the outsourcing of assistance services, Article 8 of Regulation 1107 provides that the airport management body may provide assistance for passengers with reduced mobility itself. Alternatively, the Regulation also stipulates that the airport management body can contract “one or more other parties for the supply of the assistance.” Airport operators must ensure that the provision of services to passengers with reduced mobility meet the standards required under Regulation 1107. This responsibility lies with the airport management body irrespective of whether it provides the services itself or outsources it to a third party. The IAA has oversight of airport management bodies in this regard, as set out above.

Regarding the value and duration of the contracts issued, this is an operational matter for the airports. I have therefore forwarded your question to the Shannon Airport Group and to daa (who has statutory responsibility for the management and operation of Dublin and Cork Airports) for direct reply. If a response is not received within ten days, please contact my private office.

A referred reply was forwarded to the Deputy under Standing Order 51.
Question No. 39 answered with Question No. 38.
Question No. 40 answered with Question No. 38.
Question No. 41 answered with Question No. 38.
Question No. 42 answered with Question No. 38.

Driver Licences

Ceisteanna (43)

Matt Carthy

Ceist:

43. Deputy Matt Carthy asked the Minister for Transport if he will include driver’s licences issued in the United States among those that can be exchanged for an Irish driver’s licence in order to facilitate the return of Irish emigrants; and if he will make a statement on the matter. [23051/24]

Amharc ar fhreagra

Freagraí scríofa

Irish driver licensing law operates within a framework of EU law. Driver licensing laws are intended to ensure drivers on our roads meet high safety standards. Testing standards are set at EU level.

Ireland may make bilateral agreements on licence exchange with non-EU jurisdictions,  This is not a straightforward matter. Reaching them is not a matter of political will and the core principle is to ensure the continued safety of Irish road users. Agreements can be made only when the authorities in each jurisdiction have studied and compared the licensing regimes, so that each side is satisfied that they are compatible. For Ireland, this is undertaken by the Road Safety Authority (RSA).

Ireland does not have a licence exchange agreement with the USA. The RSA has previously explored reaching agreement on exchange with the USA. However, US driver licensing operates at state rather than federal level, meaning that there are 50 licensing systems with widely varying standards and widely varying road safety performance, many with levels of road fatalities significantly worse than most EU countries. Agreement with any one state would mean taking into account the exchange relations between that state and the other 49. The RSA determined that agreement would not be possible. 

In order to drive here, people with a non-exchangeable licence who come to reside in Ireland must obtain an Irish licence. A person with a full but non-exchangeable licence must go through the normal driver learning process but can avail of the shorter Essential Driver Training of 6 lessons, instead of the usual 12, and they do not have to be a learner for the usual minimum of 6 months before taking a driving test.

Driver Licences

Ceisteanna (44)

Éamon Ó Cuív

Ceist:

44. Deputy Éamon Ó Cuív asked the Minister for Transport the steps to be taken to ensure a more rapid exchange of driver licences for all those retuning to Ireland from Canada as the process here can take up to four months; and if he will make a statement on the matter. [23097/24]

Amharc ar fhreagra

Freagraí scríofa

The exchange of foreign licences is managed through the National Driver Licence Service (NDLS). Currently, the average processing time for applications is 32 working days.

There are various reasons for possible delays in processing foreign licence exchanges. For example, the driver may need to submit outstanding information, such as a medical or eyesight report or the physical driving licence itself in the case of an online application. The most common reason is that the NDLS is awaiting verification of the driving licence from the other driving licence authority. At times a response is received very quickly but at others it can take a considerable amount of time.

Vigilance is needed when processing a licence for exchange, to ensure a fraudulent document has not been submitted and to ensure a driving test was passed in the country in which the licence was obtained. Road safety and keeping Irish roads safe for all road users remains the priority in this matter.

Departmental Regulations

Ceisteanna (45)

Duncan Smith

Ceist:

45. Deputy Duncan Smith asked the Minister for Transport to outline all current regulations around rickshaws and tuk-tuks; and if he will make a statement on the matter. [23164/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, in late 2018, the then Government gave approval for the publication of a General Scheme of a Bill to amend the Taxi Regulation Act 2013 so as to provide for the regulation of rickshaws.

Work was undertaken to advance the drafting of this Bill and it was included in the legislative priority list for 2019. However, the onset of the COVID-19 pandemic necessitated a change in priorities. Work has not re-commenced on the Bill at this time due to other legislative priorities. 

Rickshaws can be powered in a number of different ways - pedal powered, pedal-assisted and motorised. If they are fitted with a small engine or electric motor, they are considered to be a mechanically propelled vehicle and, as such, are subject to all the regulatory controls that apply to other vehicles in terms of roadworthiness, registration and tax. They must comply with the Road Traffic Construction, Equipment and Use of Vehicle Regulations 1963, Road Traffic Lighting of Vehicle Regulations 1963 and the Road Traffic Construction and Use of Vehicle Regulations 2003, in addition to holding the appropriate licence and insurance. Non-motorised rickshaws are subject to road traffic laws such as the Road Traffic Acts 1961-2018 and the Road Traffic Acts and Road Traffic (Traffic and Parking) Regulations 1997-2019.

Legislative Measures

Ceisteanna (46)

Robert Troy

Ceist:

46. Deputy Robert Troy asked the Minister for Transport to outline the new laws introduced governing the use of e-scooters. [23204/24]

Amharc ar fhreagra

Freagraí scríofa

The Road Traffic and Roads Act 2023 addressed the legal barriers to the use of e-scooters on Irish roads. The Act introduced a new class of vehicle, personal powered transporters (PPTs), which includes e-scooters, and allowed for regulations to be made to facilitate their legal use.

The relevant sections of the Act were commenced with these Regulations on Monday 20 May. E-scooters which comply with the regulations are now legal to use on Irish roads. The Regulations are:

• The Road Traffic (Electric Scooters) Regulations 2024, which provide for technical standards and conditions for safe use, including a minimum age of 16 and a speed limit of 20 km/h

• The Road Traffic (Signs) Regulations 2024, which provide that signs for bicycle use will also apply to e-scooters

• The Road Traffic (Traffic and Parking) (Amendment) Regulations 2024, which provide for traffic rules, including forbidding use on motorways, footpaths and pedestrianised areas,

• The Road Traffic (Use of Powered Personal Transporters) Regulations 2024, which provide that other types of PPT, and e-scooters which do not comply with the regulations, will remain illegal to use in public places,

• The Road Traffic Act 1994 (Detention of Powered Personal Transporters) Regulations 2024, which give An Garda Síochána powers to seize and detain non-compliant e-scooters or other types of PPT

• The Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2024, which provide for fixed charge penalties of €50.00 for certain e-scooter offences.

E-scooters are to be used in the same way as bicycles in public places and the same rules of the road apply. Users must drive on the left and obey the rules of the road, particularly for traffic lights, traffic signs, pedestrian crossings, pelican crossings and zebra crossings. They are prohibited from using the footpaths or motorways but may use cycle and bus lanes. Carrying passengers or goods, fitting a seat and using a mobile phone or entertainment device are not permitted.

E-scooters must meet stringent safety standards, including limits to their maximum weight, power and design speed, adherence to EU requirements for construction standards and electrical and battery safety and fitment of front and rear lights and reflectors, brakes and a bell. They should also display a manufacturer’s plate certifying the power output, weight and design speed.

Further information about e-scooter requirements for users is available from the Road Safety Authority on their e-scooter campaign page: www.rsa.ie/road-safety/campaigns/e-scooters.

Further details, including details about e-bikes and e-mopeds, are available on the Gov.ie campaign page: www.gov.ie/en/campaigns/5e95b-e-bikes-e-mopeds-and-e-scooters/.

Greenways Provision

Ceisteanna (47)

Marian Harkin

Ceist:

47. Deputy Marian Harkin asked the Minister for Transport what funding is in place for the development of the Sligo, Leitrim, northern counties railway greenway; and if he will make a statement on the matter. [23209/24]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for policy and overall funding in relation to Greenways. Project-level funding is administered through the Transport Infrastructure Ireland (TII)  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 TII 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. 

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

Road Safety

Ceisteanna (48)

Brendan Griffin

Ceist:

48. Deputy Brendan Griffin asked the Minister for Transport if TII will install a zebra crossing at a location (details supplied) in County Kerry; and if he will make a statement on the matter. [23221/24]

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 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 Infrastructure Guidelines 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.

Bus Services

Ceisteanna (49)

Paul Donnelly

Ceist:

49. Deputy Paul Donnelly asked the Minister for Transport the estimated cost of installing an electronic timetable with real time arrival times at bus stops that currently only have a sign. [23244/24]

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 and provision of bus stops including the provision of installing electronic timetables at bus stops. 

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.

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

Public Procurement Contracts

Ceisteanna (50)

Paul Donnelly

Ceist:

50. Deputy Paul Donnelly asked the Minister for Transport the number of contracts tendered to public transport companies to cover routes previously covered by private transport companies from 2020 to date in 2024. [23245/24]

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 NTA’s responsibility in this area, 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.

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