Noel Dempsey (Meath West, Fianna Fail)

As Minister for Transport I have responsibility for overall policy and funding in regard to the national roads programme element of Transport 21. As the Deputy is aware, the implementation 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.

The Dublin Port tunnel was closed on Wednesday, 27 February for approximately nine hours because of an electronic equipment failure. This is the latest in a sequence of electronic equipment failures to cause a temporary closure of the tunnel. The NRA and Dublin City Council have repeatedly taken up the issue of electronic equipment failure with the contractors. Arising from last Wednesday's incident, I have urged both organisations to intensify their efforts to remedy the equipment failures and indeed any other causes for occasional tunnel closures. To put this issue in perspective, it is useful to note that there have been four unplanned tunnel closures since 1 January 2008. These closures have resulted in the loss of just over 2% of planned tunnel availability time.

Responsibility for the design, installation and provision of the various tunnel systems was that of Nishimatsu-Mowlem-Irishenco, NMI, under the terms of its contract to Dublin City Council. During the delivery of the project, both the NRA and Dublin City Council were repeatedly reassured and guaranteed that the tunnel systems would be fully fit for their intended purpose and that the installed equipment would be both durable and resilient. Since the hand-over of the tunnel just over one year ago, there have been a number of individual equipment malfunctions such that this is clearly not the case in all circumstances. The issue, therefore, is with the durability and reliability of the equipment provided by the contractor.

The contractors have been put on notice of legal action to recover all costs arising from deficiencies in the equipment provided. In addition, further legal action will be pursued for any further failure on the part of the contractor to urgently carry out all necessary works and equipment replacements to deliver the full tunnel systems to the standard required and contracted for. Where the contractor does not immediately deal with any deficiency in systems or equipment, the NRA will do so itself and pursue recovery of the costs from the contractor in order that costs will lie where they contractually should.

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