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Seanad Éireann díospóireacht -
Thursday, 20 Jul 2017

Vol. 253 No. 3

Commencement Matters

Greenways Development

This issue is of particular importance to our independent colleague, Shaun Cunniffe, in Galway County Council, who is part of a campaign to have a vote passed in the council to commission a feasibility study on the complementary use of the disused rail alignment between Athenry and Milltown as a greenway. The group is forthright in its belief that the provision of a greenway would not preclude the use of the alignment as a railway again in the future and if, in time to come, a railway is needed, the wide alignment could be used for both a greenway and a railway. To progress its case the group needs to establish that there are no current plans to redevelop the railway which has been closed to passenger traffic since 1977. The group has been in communication with the Minister for Finance, Deputy Paschal Donohoe, who has confirmed that the rotten wooden sleepers and old railway tracks are all obsolete and would need to be replaced by concrete sleepers and continuous rail track if the railway was to be reinstated.

In 2015, the Department report, Investing in our Transport Future - A Strategic Framework for Investment in Land Transport, more or less ruled out the consideration of more rural railways such as the western rail corridor, and Iarnród Éireann's strategy explains why reinstating the western rail corridor is not under consideration. First, the dispersed population along the disused railway route is not remotely sufficient to fill trains. Second, there will be a new Tuam-Gort motorway running alongside the railway alignment. Third, well-established local bus operators are faster, cheaper, more frequent and can go to multiple destinations, unlike a train service.

The Minister and his Department are to be congratulated on their recent launch of a public consultation process on the development of a new greenway strategy, and I agree that some of the greenways that have been developed to date have been outstanding success stories for their localities. I also believe the proposed Athenry-Milltown greenway, utilising existing infrastructure, requiring minimal intrusion into private property and with the widespread support of the local community, is worthy of serious consideration, but before it can get on track, the issue of whether the line is going to be reopened or not has to be unequivocally resolved.

The greenway story has been a runaway success, with Mayo and Waterford particular success stories. Sligo and Galway have been trying for years to get greenways on disused railway lines and Waterford proves it can be done. I am a supporter of building the country's rail infrastructure and the more trains we have to move freight around the country, the better.

If we used the rail infrastructure, there would be no need for 40 ft. trailers and big trucks to be on the roads. I see merit in Councillor Cunniffe's query and that is the reason I bring it to the Minister's attention. I look forward to hearing the Minister's reply and thank him for his time.

It is nice to be here even if it is to take four Commencement matters in a row, which is probably a record for the Seanad. I hope my record will never be beaten.

I thank Senator Craughwell for bringing this matter to the House and giving me an opportunity to address same. I know that he is, as I am, a great believer in both the railways and greenways. He has been a champion of both but this problem sometimes leaves people in a quandary. If there is a conflict between railways and greenways, one feels it is a great pity because greenways have been a great success. He has been a great supporter of them but they do not always have to be done at the cost of a railway or otherwise. Obviously one can be in favour of both of them. They are very important parts of my Department and what I do. I fully support greenways and also railways, where they are appropriate.

The future of western rail corridor, including the Athenry-Claremorris line, has been the subject of much debate over the years. There are many differing views on it, including among people who live in the localities that the line runs through. Certainly there seems to be strong support among some people for reopening all or part of the line. There are also many who support the redevelopment of sections of the line as a greenway. My Department has received robust submissions from both groups. While I have no objection to the proposal by some groups to create a greenway along the disused railway line, it is ultimately a matter for the relevant local authority to progress and submit, if funding is required, a proposal for consideration to my Department.

I will briefly give a little background on what has happened to date in terms of the redevelopment of the western rail corridor. In 2006, there was a lot of capital funding available for infrastructure projects. The Government at the time approved funding of €106 million for phase 1 of the western rail corridor under the Transport 21 programme. This investment allowed for the reopening of the 36 mile stretch of railway line between Ennis and Athenry. The line was opened to the public in March 2010.

Originally it was envisaged that phase 2 of the project, the development of the line from Athenry to Tuam, would be completed in 2011. However, following the economic crisis, the proposal was shelved indefinitely in common with many other infrastructure projects at the time. Senators will be aware that the programme for Government includes a commitment to provide for an independent costing and review of a proposal to extend the western rail corridor by linking Athenry and Claremorris. It also commits that no measures will be taken to prevent the future reactivation of this corridor for rail use.

One of the actions contained in my Department's 2015 strategic investment framework for land transport was the development of a new rail policy to address the future role of rail in Ireland. The National Transport Authority subsequently launched a public consultation last November with the publication of the rail review report that examined the funding required to support the heavy rail network now and into the future, together with a consultation document. The analysis carried out in the rail review report predates the finalisation of the national planning framework that is being developed under the leadership of my colleague, the Minister for Housing, Planning, Community and Local Government. Once agreed by Government, the approach that the framework adopts towards land use planning and settlement patterns for the country will have a significant impact on the role of rail and other important contexts for consideration of issues raised by the rail review report and any recommendations that I will bring to Government in this regard. No decisions on future changes to the rail network, including decisions on the western rail corridor, will be made until this process is completed.

Again, I thank Senator Craughwell for raising this matter. I know it is very important to many people who live in the area and public representatives who represent the area. I hope my comments have clarified things.

I thank the Minister for his very comprehensive reply.

If he gets a chance at some stage he might visit the Tuam area with his colleague, Deputy Seán Canney, and perhaps meet some of the local interest groups and give them a similar reply to the one he has given to me here today. It is important that we keep the option to use that railway line open in the future. I thank the Minister.

I thank Senator Craughwell. I will do that shortly. I would be delighted to be taken around by Deputy Canney, who is a colleague of mine, and also if Senator Craughwell wants to come himself or if any of the local councillors want to come to meet me there when I will see for myself what the problem is.

Shannon Airport Facilities

I thank the Minister for coming in this morning. It is much appreciated. I want to ask him about Shannon Airport and his Department's policy with regard to the 427 permits approved under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973. Some 427 permits have been issued so far this year, from January to the end of May. Some 149 of these permits were for flights with personal weapons of troops on board, landing at Shannon Airport. These were all US military-contracted planes. Where were these US troops and their weapons of war going? Some 44 were going to Kuwait. As the Minister knows, Kuwait is landlocked between Iran, Iraq, Saudi Arabia and the UAE. It is a geopolitical pawn being used by the US and its allies in the Middle East to invade and control the region. Three flights were to Turkey, three were to Jordan, two were to Saudi Arabia, two were to the UAE, two were to Qatar and two were to Bahrain.

Interestingly, Kuwait, Jordan, Saudi Arabia, the UAE and Bahrain are all parts of the Saudi-led coalition waging war against the Yemeni people. Does the Minister think it is a coincidence that these are the destinations for these US troops? The ongoing conflict in Yemen began in 2015. To date, 16,000 people have died, including 10,000 civilians. Saudi intervention has seen widespread bombing of civilian areas, which has been condemned by the international community. Almost 10 million Yemenis have been deprived of food and electricity during the conflict. Some 13 million are without clean water. Some 2.4 million Yemenis are homeless due to bombing and 120,000 have sought asylum. These are UN statistics. Saudi airstrikes have been condemned as war crimes. Displacing medical camps, use of excessive force against protestors and journalists, and the bombing of densely-populated civilian areas have all been catalogued by Human Rights Watch.

I know that 19 permits were refused by the Minister's Department, and I know he has said that this shows that the system of permits under the 1973 order is not just a rubber stamp, and that all permits go through a consultation process and are stamped "seen by the Minister". Will the Minister tell us what the consultation process consists of? What does the Minister actually do or not do? For example, if this system is not a rubber stamp, then presumably he will be able to tell us what these US military personnel are doing in Kuwait. We know from many sources that there are 15,000 US troops in Kuwait and that the US military, as well as providing logistical and strategic support from Kuwait to the Saudi coalition for its war of terror, has also been engaged in bombing missions in Syria and ongoing missions in Iraq. Surely, if this Government is serious about defending our neutrality, the Minister will be able to enlighten us this morning about the rigours of this consultation process.

Since 2002, over 2.5 million US troops have used Shannon Airport on the way to their wars in Afghanistan, Iraq, Libya and Syria. To be fair, I do not believe that the Minister believes that he is upholding our neutrality. I say that because of what he said just two years ago in the Dáil, and is in the Official Report, 6 March 2015, vol. 870, col. 10:

Deputies Mick Wallace and Clare Daly are right, surely the Minister should have expressed concern about the apparent activities of the United States at Shannon Airport. Instead, he is silent and we are cowed. We are not a neutral nation; we are a neutered nation.

The Minister went on to say:

let us recognise the fact that we are bowing to American pressure, whether tacit or real, because we are economically dependent on the multinationals. That is what the Government should recognise and it should admit that this is the reason for its silence.

Will the Minister admit that that is the reason for our silence and complicity?

I thank Senator Gavan for bringing this important matter to the attention of the House. I will answer it as comprehensively as I can.

A large number of people have derived an enormous amount of amusement from quoting things I have said in the Dáil when in opposition, which they think I will find difficult to reconcile with what I am doing in government. I understand that. I will do my best to defend my actions in another place because of the time constraints today.

Much of what Senator Gavan has raised would be, I suspect, more appropriate if addressed to the Minister for Foreign Affairs and Trade, but I will try to address the specific issue rather than the more general ones, which I will be happy to discuss with him in another forum. He raises in a general way civilian casualties. We are all deeply concerned and nobody wants to be involved in any activity that facilitates civilian casualties or casualties of any sort anywhere in the world.

Before addressing the matters raised by Senator Gavan that fall within my remit, it is useful to set out the historical context. The transit of foreign military forces through Irish airspace and airports is a long-standing practice which began shortly after the Second World War. Due to our geographic location, the majority of these military forces, as Senator Gavan will know, have always been from the United States. Successive Governments have maintained this practice and these facilities have never been withdrawn or suspended during many different periods of international conflict. Similarly, successive Governments have deemed this to be compatible with Ireland's traditional policy of military neutrality, which is characterised by non-participation in military alliances.

As Minister for Transport, Tourism and Sport, my functions in relation to the use of Shannon Airport and Irish airspace by the US military are limited. Questions relating to Irish foreign policy, Irish neutrality, the role of An Garda Síochána and so on are not matters on which I can comment in detail. Similarly, I have no role in relation to flights by military or State aircraft through Irish airspace or landing at Irish airports. Such flights require the permission of the Minister for Foreign Affairs and Trade under the Air Navigation (Foreign Military Aircraft) Order 1952.

A clear distinction is made in international and national law between military aviation and civil aviation. I am responsible for matters relating to Irish civil aviation legislation and policy. The 1944 Chicago Convention is the main international treaty governing the operation of civil aviation. Article 35 of the convention states that no civil aircraft may carry munitions of war over a state without that state's permission. This requirement is ratified in Irish law in the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended. Under the 1973 order, the carriage of weapons and munitions of war is prohibited in any civil aircraft in Irish airspace and on board any Irish-registered aircraft unless an exemption is granted by the Minister for Transport, Tourism and Sport. The Chicago Convention and the 1973 order apply to munitions of war only, not to military personnel who may be on board civil aircraft.

In accordance with the provisions of the 1973 order, my Department operates a procedure under which airlines wishing to carry weapons or munitions through Irish airspace or airports must apply for each individual flight, at least 48 hours in advance. In response to Senator Gavan's question about consultation, my Department seeks the views of the Department of Foreign Affairs and Trade on foreign policy issues and the Department of Justice and Equality on security issues. The Irish Aviation Authority, IAA, is consulted in respect to aviation safety issues for applications involving munitions that are also categorised as dangerous goods. If any of these bodies objects, an exemption will generally not be granted. A copy of the application is also sent to the Department of Defence for information. The majority of exemptions under the 1973 order are issued to US airlines chartered by the US Department of Defence, transporting US troops to various destinations around the globe. As a result of the unloaded weapons on board, these flights required an exemption under the 1973 order to enter Irish airspace.

In response to recent parliamentary questions, I have outlined that my Department is to conduct an internal review of the 1973 order. This review is timely, given the age of the order and the changes to international law since 1973, particularly as regard the transport of dangerous goods by air. I hope it is possible to initiate the review process before the end of the year.

I thank the Minister and invite Senator Gavan to make a brief response.

I am sure the Minister will not be surprised to hear I am very disappointed with his answer. It was largely quite evasive and basically stated this is not really his decision. He has not answered the key question I asked, which was whether he thinks it is a coincidence the vast majority of the planes going through Shannon are going to the Saudi-led coalition countries, and are going to facilitate that war on Yemen. If this is the case, and it clearly is from the facts that we can see, then we are complicit in the ongoing war against the Yemeni people and those thousands of deaths. Surely as a Minister who has a good track record of speaking out and being honest and upfront, he can acknowledge there is something very wrong here.

Does the Minister have anything else to add?

I do not really have very much to add; I am sorry about that. I cannot comment on whether a matter is coincidence or not. It really is a matter for the Minister for Foreign Affairs and Trade.

The Minister knows it is not.

Road Network

I welcome the Minister to the Chamber and thank him for his attendance. I join members of Monaghan County Council in highlighting a stretch of roadway on the main N2, which is the Dublin to Derry road. It is a stretch of 47 km from Clontibret in County Monaghan to Ardee in County Louth. Monaghan County Council recently commissioned a report from a firm of consultants on the safety aspects of the road and it makes for very stark and sober reading.

The stretch of road deals with approximately 10,000 vehicles per day, 10% of which are heavy goods vehicles. The road incorporates more than 30 junctions, more than 40 accesses and more than 75 field gates. This is more than 150 locations at which drivers can turn onto or off the roadway. A total of 42 collisions took place over an eight-year period between 2008 and 2016 in which fatalities and injuries occurred. There were 11 fatal accidents on the stretch of roadway during this period. There were also two serious accidents and 29 minor injury accidents. Fatal collisions accounted for 26% of all injuries sustained on this stretch of roadway. The percentage of head-on collisions was high, representing 64% of all fatal collisions. There was one collision per kilometre on the stretch of roadway between January 2008 and May 2016, which is quite frightening. The report shows clearly this road is not fit for purpose. It was neither designed nor built for the traffic that now travels on it and these accidents are, unfortunately, proof of this.

Measures have been taken recently to counteract some of this tragedy, for example, junctions have been redesigned, but, unfortunately, it seems what we are doing is applying a sticking plaster when major surgery is required. A 2+2 motorway is seen as the safest option and was the main option recommended by the consultant firm that reported to Monaghan County Council last month. A 2+1 roadway was judged to have insufficient capacity. A total of 70% of all fatal crashes involved crossovers, which would have been prevented if we had a 2+2 roadway. It is estimated a figure of €88 million is required to rectify it.

Many lives have been lost along this stretch of roadway. If the Minister ever gets an opportunity to travel on it, he would be struck by the number of memorials erected by family members to loved ones lost on the stretch of roadway. It is quite striking and very depressing.

Roads, as we know, are vital for business, trade, communications and communities. Surely the main focus should be that people can travel on them safely. The Minister's brief is wide and funds are limited, but I ask respectfully that he prioritise this piece of roadway so the people who use it can do so on a safe manner. On the last occasion he was in the House several months ago, we discussed the same stretch of roadway. Unfortunately, that same day a fatality had occurred and I know the Minister was quite shocked to hear it. It is a serious issue and one that needs addressing. I would appreciate it if the Minister could look at it in a favourable light.

I thank Senator Gallagher for raising this matter.

I have already addressed the issue of the N2 a number of times this year on Topical Issue matters, Commencement matters and in reply to parliamentary questions. I am pleased to reiterate these points this morning and to share the Senator's concern about the collisions and the number of fatalities, of which the Senator said there were 11 in recent years. That is 11 too many, which I acknowledge. I hope that will be considered by Transport Infrastructure Ireland, TII, which is identifying blackspots more intensely now. The TII has a small amount of funding to address issues where there are identified blackspots at which people have died.

As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding for the national roads programme. Within its annual budget, the planning, design and implementation of individual road projects such as the N2 are matters for the TII under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned. While I repeat it often, it is worth remembering that Ireland has just under 100,000 km of road in its network, which is an amazing figure per head of population. It involves a huge amount of maintenance. I point that out because people sometimes do not realise how much of our budget we have to spend on what is called "steady state", namely, keeping roads at the par level which is safe and adequate. That takes up a significant portion of the budget before we can spend money on any other projects. In fact, the roads are still not up to the required steady-state standard. It will take a further two years to get to that point and before we can make any improvements or build anything new.

Due to the national financial position, there have been very large reductions in Exchequer funding available for roads expenditure over recent years. Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for the TII in accordance with section 19 of the Roads Act. The Government's capital investment plan, Building on Recovery - Infrastructure and Capital Investment, provides the strategic and financial framework for the TII's national roads programme for the period from 2016 to 2022. As Minister, I must work within the capital budgets included in the plan and the TII must, in turn, prioritise works on the basis of the funding available to it. Decisions on the transport elements of the capital plan 2016 to 2021 were framed by the conclusions reached in my Department's strategic investment framework for land transport. Based on the findings in that report, it is envisaged that the maintenance and renewal of the road network will continue to be the main priority over the next period and account for the bulk of the capital budget for roads. Approximately €4.4 billion is earmarked for such essential work, with a further €600 million allocated for implementation of the public private partnership, PPP, road programme which is under way.

The transport element of Building on Recovery provides for a limited number of development projects which are targeted at removing critical bottlenecks or upgrading inadequate sections of road. There are no proposals to upgrade the N2 from Clontibret, County Monaghan, to Ardee, County Louth, to motorway status to connect with the M1 Dublin to Belfast route. A bypass of Slane is included in the capital plan among the limited number of major national road schemes which are planned to commence during the period, subject to capital appraisal and planning consent. The TII has provided a grant allocation of €1.2 million for the bypass this year, and consultants have been procured by Meath County Council to review the earlier An Bord Pleanála decision and prepare a revised scheme for submission to the board. The TII is fully aware of the strategic importance of the scheme and will continue to provide funding to advance the development of the project over the course of the Government's plan. Improvement works have been carried out on a phased basis on a section of the N2 between Monaghan and Emyvale. Phase 3 of the scheme involves the improvement of a 3.5 km section of the route, and it is anticipated that the works will commence on this section later this year.

As for the possibility of additional funding within the plan period for national roads projects, the capital plan review process is under way. My Department is making a strong case to the Department of Public Expenditure and Reform for extra funding. While there is a strong case for additional funding for the transport sector, there are a multitude of possible national, regional and local projects throughout the country, the cost of which far exceed available funding.

Unfortunately, this means that only a limited number can be considered. The final decisions on allocations are, however, matters for the Minister for Public Expenditure and Reform and Government as a whole.

We are well over time already. I ask Senator Gallagher to be brief.

I thank the Minister for his response. I am disappointed that no funding has been allocated at this point. I would stress upon the Minister again that consideration would be given to national roads, particularly those such as this that have a high percentage of fatalities. Perhaps that point could be considered when funding is being allocated.

Senator Gallagher has made a fine case. I will ask my Department to look into the collisions aspect of what he said.

Air Safety

I thank the Minister for coming in to hear this debate. He is certainly earning his keep this morning and debunking the idea that everyone around here is on holidays. I thank him for that.

I raise a serious point in regard to the standards of maps and charts used by the aviation community, including the emergency services. I have been contacted by individuals who represent those in the more amateur side of it, in light aircraft and recreational aviation, parachuting, balloon, etc. Concerns were raised again following last week's "Prime Time" programme which stated that some flaws in the maps and charts were raised by pilots a number of years ago. I do not want to get into the case of the tragedy in Blacksod Bay. There is an ongoing investigation and I do not want to interfere with that. However, I make the general point of flaws that are in maps and charts. What I am asking is that the fears of the aviation community would be allayed for once and for all.

I refer to the absence of any depiction of high ground, hills or mountain in the islands, for instance, along the west coast of Ireland. The maps given to me reveal that even though there is a mountain, Slievemore, of 2,000 ft. on Achill Island, which is only five miles from Blacksod Bay, it is not shown on the chart. Instead, it appears that the ground is flat. There is a figure given but there is no tinting on the map. I can supply the Minister with the map that was given to me, and an amended version in which there is a significant difference as well. As was stated on the "Prime Time" programme, the UNESCO World Heritage site in Skellig Michael is recorded on the chart as 56 m when the actual height is 217 m. It reported other areas where spot heights are missing as well.

The Irish Aviation Authority, IAA, which is the agency charged with regulating this, states that the maps and charts are being continually upgraded and corrected. Has this happened in the 2017 version? I note there were some new maps supposed to be put in use this year. I am worried by the following IAA statement to a Sunday newspaper on Sunday last:

Be informed that while all care and attention was taken in the production of this chart and the information depicted is drawn from the most reliable sources, the IAA makes no warranty to its accuracy or completeness and disclaims all or any liability. The information is useful for orientation, navigation and general visualisation of terrain but it does not guarantee clearance above terrain or man-made obstacles.

Have the flaws that I have pointed out been corrected in the 2017 version so that we can put some of these concerns to bed?

I thank Senator John O'Mahony for raising this issue which, as he will be aware, is both topical and sensitive. I will try and address the individual matters which he referred to.

I do not know the answer to the question pertaining to Achill Island, but I will try to get it for the Senator, if that is appropriate.

I can give the Minister the details later.

I reassure the Senator and the aviation community that the issue of charts has been addressed adequately. I understand the public alarm that has been raised by various media reports on recent events. It is useful that the media cover such incidents, but it is also important that I reassure people on matters, as they stand.

While I understand the general background to the matter raised, it is important to emphasise that there is an active investigation under way into the accident involving the R116 off the Mayo coast. The investigation is being conducted by the Air Accident Investigation Unit, AAIU, which is charged with examining all relevant issues it determines are pertinent to the incident it is investigating. I understand the ongoing public interest in this matter, but it is very important that the AAIU be given the time and space it needs to do its work and report on its findings. For this reason, any matter discussed here should not, in any circumstance, be construed as relating to that investigation.

The Senator rightly referred to concerns about aeronautical charts and maps. I wish to reassure him on that front. The Irish Aviation Authority, IAA, is the independent regulator established under statute to regulate civil aviation in Ireland. It carries out this function in accordance with a comprehensive suite of EU and international rules and regulations built up over many years which govern civil aviation on a global basis. The IAA has legal responsibility for validating and approving aeronautical charts for publication, as defined by international standards agreed under the International Civil Aviation Organisation, ICAO, the UN agency that governs global civil aviation. The authority takes the same approach used throughout the world. The charts are made available through what is known as the integrated Aeronautical Information Publication, AIP, which is available for pilots and third party suppliers to access and use. The authority has advised me that there is no reason whatsoever for the Irish aviation community or emergency services to have concerns about aeronautical maps and charts. All maps and charts produced meet the highest international standards.

I am also advised by the authority that it engages continuously with the Irish aviation community and encourages all visual flying chart users to bring to its attention any comment on the portrayal or content of aeronautical and topographical information. When amended, aeronautical charts are updated by Notice to Airmen, NOTAM, and incorporated into the aforementioned Aeronautical Information Publication, AlP. In addition, I understand the IAA hosts regular meetings of the General Aviation Safety Council of Ireland, a volunteer body made up of representatives from general aviation in Ireland that meets on a regular basis. One of its primary functions is to promote safety awareness among all those involved in the Irish aviation community. Therefore, I urge that any current concern be routed through these established reporting lines.

It is important that this House recognise that the authority is a hugely respected organisation within international aviation and subject to regular independent outside audit. In particular, because of the work of the authority, Ireland is ranked by the United Nations' International Civil Aviation Organisation as being among the best in the world in the safety oversight of civil aviation. It is in the top ten in global terms and second in Europe. Of particular note, in the ICAO audit process, is the fact that Ireland received a 100% result in the area of regulation and safety oversight in procedures for air navigation services, charting, aeronautical information services, airspace and aeronautical data.

I believe we have the highest standards in this area. I have no doubt, too, that this is authenticated and properly regulated, but if the Senator has specific issues he would like to see addressed, I will be happy to bring them to the attention of the relevant authority.

I thank the Minister.

Sitting suspended at 11.15 a.m. and resumed at 11.30 a.m.
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