Ulick Burke (Galway East, Fine Gael)
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Question 32: To ask the Minister for Transport his views on the Report on Major Incidences in Tunnels, (SI 213 of 2006), prepared by the National Roads Authority; and if he will make a statement on the matter. [45915/09]

Noel Dempsey (Meath West, Fianna Fail)
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I have responsibility for overall policy and funding in regard to the national roads programme element of Transport 21. The planning, design, implementation and maintenance of individual national road projects, including the Dublin Port tunnel, is a matter for the National Roads Authority under the Roads Act 1993, in conjunction with the local authorities concerned. I am required under the terms of the EU tunnel safety directive to transmit to the Commission a report from Ireland's tunnel administrative authority, the NRA, every two years setting out incidents that affect the safety of road users in tunnels. The first such report was submitted by me in September 2008 and covered the Jack Lynch and Dublin Port tunnels.

Two incidents were reported in the Jack Lynch tunnel and one in the Dublin Port tunnel. In all the reported incidents, the response by the Garda, fire brigade and tunnel staff ensured they were rapidly contained and dealt with in an appropriate manner. Subsequently, the tunnel operators examined all aspects of the incidents with a view to further optimising the appropriate safety procedures. The safety procedures in Ireland's tunnels are kept under continuous review. The NRA has not, and will not, allow the tunnels to be operated in circumstances, which could compromise the safety of the public. Any event that arises that could cause such a compromise results in the immediate closure of the tunnel and no risk then arises. While this causes inconvenience and disruption to traffic, it is essential to maintain the required safety standard.

Fergus O'Dowd (Louth, Fine Gael)
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The last report the NRA has relating to tunnel safety is the Egis Tunnels report. The executive summary of the report was kept from me and I had to appeal to the Information Commissioner under the Freedom of Information Act 1997 to obtain a copy. It stated the result of tests confirm, "that the system is unable to provide the required level of safety, especially in the case of an event leading to important data exchanges such as an accident or fire". Serious issues regarding the safety of the tunnel arise from this report . NRA officials refused to be transparent, open and accountable before the Oireachtas Joint Committee on Transport.

James Reilly (Dublin North, Fine Gael)
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Shame on them.

Fergus O'Dowd (Louth, Fine Gael)
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Will the Minister insist on a report from the NRA regarding the safe operation of the tunnel, given the system deemed to be unsuitable for the purpose? How can that be allowed to happen?

Noel Dempsey (Meath West, Fianna Fail)
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A number of reports were done. Two were made public under the Freedom of Information Act 1997 to Deputy O'Dowd. The first was carried out by Martin Kelly in May 2007 and is known as the Kelly report. The second is the one to which he referred by Egis Tunnels in mid-2008. That report formed the basis of the RTE "Prime Time" programme. The NRA dealt comprehensively with all the issues raised in both reports at a meeting of the Oireachtas Joint Committee on Transport in October 2008 and at select committee in November 2009. The Egis report concerned tests carried out in early to mid-2008 on the tunnel's main operating management systems known as the SCADA system. Those tests were to help ensure that problems associated with the system were comprehensively identified and the report covered all the main issues identified in the earlier Kelly report. While the report offered the view that the SCADA system should be replaced, all parties, including Egis Tunnels, which prepared the report, agreed suitable and adequate measures could be taken to address the problems with the existing system and those measures were taken in 2008. Other safety measures will be put in place such as the upgrading and replacement of the SCADA servers and improvements to the equipment maintenance procedures to achieve better equipment performance.

Brendan Howlin (Wexford, Labour)
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I would like order in the House.

Tommy Broughan (Dublin North East, Labour)
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Given the concerns expressed at hearings of the joint committee, does the Minister think it is time to conduct an independent review of safety in the port tunnel, particularly as there were a number of closures in the early days? Why did the NRA not include the port tunnel in the EuroTAP safety review under the 2004 directive? What was the total cost of the port tunnel? Have all the legal issues relating to the Nishimatsu Mowlem Irishenco consortium been concluded? Will someone else come along looking for more money in connection with the tunnel?

Noel Dempsey (Meath West, Fianna Fail)
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There is an independent safety officer for the tunnel with whom Deputy O'Dowd has been in contact. The Department also arranged for an expert on the tunnel safety directive in the EU Commission to speak to Deputy O'Dowd but I do not know whether that offer was taken up. With regard to the Dublin port tunnel, the Department has been assured by the NRA that it is fully compliant with the EU directive? I am not aware that the final cost of the tunnel has changed from the figure of approximately €700 million given in the House previously.

Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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Did the Minister read the Kelly report, which was critical of safety in the port tunnel? Did he meet Mr. Kelly? What are the Minister's views on the report?

Noel Dempsey (Meath West, Fianna Fail)
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Tunnel safety is a matter for the NRA, which commissioned the report. I am satisfied that, according to my departmental officials, the recommendations that were necessary were implemented.

Brendan Howlin (Wexford, Labour)
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I ask Members to come to order. We are transacting business.

Fergus O'Dowd (Louth, Fine Gael)
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http://en.wikipedia.org/wiki/Dublin_Port_Tunnel - FootnoteThe only technical report available from the NRA regarding the tunnel concludes it is not safe. Is the Minister aware the NRA said it must commission a new report but it has no funding to do so? It will have to come out of next year's Estimate. The key issue is the authority is not being transparent about the facts regarding the tunnel and I urge the Minister to take this matter up with the authority directly following our representations today.

Noel Dempsey (Meath West, Fianna Fail)
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The report dates back to 2008 and I am assured that on foot of it and the NRA's own work, all the recommendations made at the time were implemented.

Fergus O'Dowd (Louth, Fine Gael)
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The NRA has no report saying that.

Noel Dempsey (Meath West, Fianna Fail)
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Further action was taken, as I outlined earlier. Additional safety measures were introduced, including the upgrading and replacement of equipment, improvements to equipment maintenance procedures, additional monitoring of the tunnel through the establishment of a dedicated, manned CCTV monitoring system in the control room and an additional drive through patrol of the tunnel by the operator's staff. Following the introduction of those measures last year, Egis Tunnels stated it was satisfied the tunnel operator, Transroute, had taken appropriate and sufficient steps to allow the tunnel to continue to operate safely.