Martin Cullen (Waterford, Fianna Fail)

I propose to take all the questions together.

I extend my sincere sympathy to Michael and Martina White on the tragic death of their only son, Michael, in yesterday's bus accident. I also offer my sympathy to Ciara on the loss of her brother. Our priority in the immediate aftermath of this tragic accident is to look after and support the bereaved family, the injured and traumatised children and their families. My colleagues, the Minister for Education and Science, Deputy Hanafin, and the Minister for Finance, Deputy Cowen, visited the families to offer their condolences and support. Counselling services have been made available for the families and the school children. Of those injured, I am pleased to say that almost all have been discharged from hospital.

I commend the emergency services for the speedy manner in which they responded to yesterday's accident. The caring and professional manner in which all the services carried out their difficult jobs is greatly appreciated by all of us and I thank them.

The Garda Síochána is investigating fully the circumstances surrounding this tragic event to establish the causes, contributory or otherwise. The primary immediate investigative role in respect of road accidents is vested in the Garda Síochána under the Road Traffic Acts. Priority in such an investigation must be given to the determination of the causes of road accidents, including, where appropriate, road construction or surface standards and, in particular, whether a breach of the road traffic laws contributed to the occurrence. The Garda Síochána is the body empowered to make such a determination and launch criminal proceedings against any person it considers should be accused of the commission of an offence. Any follow-up action arising from these investigations is done through the Office of the Director of Public Prosecutions. The House will, therefore, appreciate that it would be inappropriate of me to comment further on the matter at this stage.

Concerning the Kentstown bus accident last year, investigations have been undertaken by the Health and Safety Authority, Bus Éireann and the Garda Síochána. I do not have the reports from those investigations and am aware that proceedings are currently before the courts. I would not wish to say anything that might prejudice these or other proceedings that may be taken. I hope the House understands my position.

Yesterday's tragic accident less than 12 months after the Kentstown school bus accident understandably puts the issue of bus safety under the spotlight. The Government fully appreciates the concerns of parents and the public about the safety of buses used by children. I would like to outline the arrangements in place to ensure that buses using the roads are safe. An extensive range of requirements must be satisfied to use a bus in a public place, with the vehicle, the driver and the operator each subject to regulation. In the case of the vehicle, it must meet the requirements specified in a series of regulations relating to the construction, equipment and use of vehicles.

Safety standards applied under these regulations relate to, among others, brakes, steering, tyres, suspension, lighting, doors, emergency exits, access to exits and maximum passenger accommodation. Regulations made last December extended the requirement for speed limiters to be fitted to every bus first registered since October 2001. Single deck buses are subject to maximum speed limits of 80 km/h, with double deck buses subject to a maximum speed limit of 65 km/h. Buses over one year old are subject to annual inspections to determine their road worthiness. I understand that the bus involved in yesterday's accident was the subject of a successful road worthiness test in September 2005.

The issue of school bus safety has been prominent in recent years, particularly so since the Kentstown bus accident last May. Before that accident, the Department of Education and Science had been working on proposals for phasing out the three for two concession on school buses. Following that accident, the Government set up a working group comprising representatives of the Departments of Education and Science, Transport and Finance and Bus Éireann to progress measures to enhance school bus safety.

In July 2005, following recommendations from the working group, the Minister for Education and Science, Deputy Hanafin, and the Minister of State at the Department of Education and Science, Deputy de Valera, announced a package of measures to enhance the safety of school transport operations. The measures included the phasing out of three for two seating on post-primary services by the end of December 2005 and on primary services by the end of December 2006, the acquisition of additional buses by Bus Éireann, the hiring of additional private vehicles to meet the consequential capacity shortfall, the immediate fitting of seat belts on the Bus Éireann school bus fleet and setting a target date of December 2006 for private buses in the scheme to be fitted with approved seat belts.

The decision on the three for two seating concession recognised that, under Directive 2003/20, this concession would no longer be permitted on buses fitted with safety belts after May 2008. As the House knows, the deadline has been brought forward to the end of 2006 for school buses contracted by Bus Éireann. Obviously, Directive 2003/20 also requires safety belts to be used where they are fitted. Therefore, the effect of Directive 2003/20 will be to make the wearing of seat belts on buses, including school buses, mandatory where they are fitted. At this stage, one for one seating is in place on all but 31 of the 2,500 post-primary services. Additional capacity has been created by hiring an extra 225 vehicles from private contractors and the acquisition of additional buses by Bus Éireann.

The regulatory framework governing safety belts is handled at European level and is addressed through requirements targeted at the vehicles and their occupants. The technical standards for the fitment of safety belts in new vehicles are set down in a number of EU-type approval directives. With regard to buses, these standards are currently obligatory for small minibuses only. Following the adoption of a number of directives by the Council of Ministers and the European Parliament last September, the existing technical standards for the fitment of safety belts in motor vehicles will be mandatory for all new buses entering into service from 20 October 2007. The only exception is for buses used on stage-stop urban services, for example, Dublin Bus services. These EU directives do not require the retrofitting of seat belts.

While small minibuses are currently the only buses required by law to have safety belts fitted, larger buses are not precluded from being fitted with safety belts to the EU-type approval standard at manufacturing stage. There is clear evidence of this in the many new buses that have entered the market with safety belts. In recent years, a significant number of large buses entering into service have been fitted with safety belts. Directive 2003/20, to which I referred, relates to the requirement to wear safety belts once they are fitted. It also provides that passengers of buses must be advised that seat belt wearing is compulsory. This can be done by a number of different means — announcement by the driver or conductor, audio-visual means, signs, pictograms etc.

The feasibility of retrofitting safety belts in existing school buses was considered by the working group, which consulted on the matter with national experts in a number of EU countries as well as with the European Commission. In considering a retrofit programme in existing school buses, it was the view that any retrofit specification would need to be as consistent as practicable with the EU standards for new vehicles. In general terms, these standards provide for the fitment of three-point belts in exposed seats and either three-point or lap belts in other seats. On the basis of observed international practice and the EU standards referred to above, the working group was of the view that lap belts, with associated safety measures, were the most appropriate for installation in a retrofit situation in school buses. The associated safety measures include, for example, the use of energy absorbing material on the backs and tops of seats. The view of the working group on this matter informed the decision of the Government that all vehicles used in the school transport scheme will be equipped with safety belts by December 2006.

Bus Éireann has commenced retrofitting seat belts on its school bus fleet and work is progressing well. Bus Éireann's retrofit contractor has developed specifications for its 17 types of school bus and 100 of its approximately 650 school buses have already been fitted with seat belts. A total of 20 buses per week are being retrofitted at present and work is expected to be completed later this year. There are approximately 2,500 private contractors' vehicles in the school transport scheme, including taxis. The representative organisations of these contractors have been advised of Department of Transport requirements and discussions have commenced on how to best implement the seat belt installation by the target date.

The question arises following yesterday's accident as to whether we should go further and require the retrofitting of seat belts to all buses, apart from those on urban services, such as Dublin Bus. I believe we are making good progress on retrofitting buses within the State system but I will now examine how we might go further and set up a mandatory standard for all buses used, in particular, for carrying children. I am advised by my officials that this raises a number of significant issues for the industry in terms of phasing out existing buses and I have asked for a full report on the matter.

The bus operator involved in yesterday's accident is licensed by my Department with a road passenger transport operator's licence, issued in 2003.

This entitles him to carry for hire and reward for public or private hire. While one bus is registered on the licence, it is not the vehicle involved in yesterday's accident. The vehicle involved in the accident is registered for road tax purposes in the name of the road transport manager of the operation but the operator has not applied to my Department to have it registered on his operator's licence. This is a matter to be followed up by the Garda in the course of its investigation and my Department will co-operate in that regard. Before a vehicle can be registered on the licence as an authorised vehicle, my Department requires the sight of a current PSV certificate or roadworthiness certificate.

The Garda inquiry into yesterday's incident is the most appropriate and comprehensive way to find answers to the questions raised.

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