Noel Dempsey (Meath West, Fianna Fail)

I share Deputy Broughan's concerns to ensure that in implementing major infrastructural developments, everything should be done to ameliorate any difficulties that may arise. That is why the Bill sets out an entire series of requirements in terms of who is responsible for what in the context of traffic management planning. For example, section 64(3) states: "A traffic management plan shall in particular identify the actions to be taken to ameliorate the impact on the movement of persons, goods and vehicles arising from construction works and other works in relation to the provision of transport infrastructure and utility works, whether carried out by a road authority or a third party." Likewise, section 65(3)(a)(ii) provides that the local plan shall specify the "measures to be taken to manage utility or other works, whether carried out by the road authority or a third party, on roads in the functional area of the road authority to ameliorate the impact of such works on the movement of persons, goods and vehicles". In addition, section 65(3)(b)(i) provides that the local traffic plan should identify the actions to be taken to "ameliorate the impact on the movement of persons, goods and vehicles arising from construction works and other works in relation to the provision of transport infrastructure". I am satisfied, therefore, that the intent of the first part of Deputy Broughan's amendment is adequately dealt with in the Bill.

On safety issues, as I said, road and rail safety are dealt with in other legislation, as are drink and drug-testing and psychological testing of safety critical transport workers. Appropriate agencies are already in place to deal with such matters under the appropriate legislation. We have heard a good deal, and will probably hear more in coming weeks and months, about the functions and purpose of various agencies. There is no point in establishing agencies with specific functions in regard to road or rail safety, for example, only to establish another body with the same functions at a later stage. This merely gives rise to confusion and turf wars as to which agency is responsible for a particular function. In some cases, a particular body may claim additional jurisdiction for itself while in other cases, where the task in question is not so pleasant, a particular agency may seek to step back and blame somebody else.

We must ensure that such a scenario arises in this case. We already have agencies with responsibility for road and rail safety and adequate legislation is in place on both of these issues. In addition, we should not forget that the Garda Síochána has wide powers in regard to issues affecting the safety of the public. I am satisfied that the legislation dealing with road and rail safety is the appropriate place to deal with the substantive issues addressed in this amendment.

Deputy Broughan recently tabled a parliamentary question on the issue of drink and drug-testing of public transport workers. As I stated in my reply, section 88 of the Railway Safety Act 2005 requires rail companies to draw up a code of conduct for safety critical workers in regard to intoxicants, that is, drugs and alcohols, and the sampling procedures in this regard. Veolia, as the operator of the Luas, has put forward a code of conduct and the Railway Safety Commission has accepted that as part of the approved safety case for Luas. Iarnród Éireann is implementing its draft code of conduct pending clarification of some outstanding issues with the Railway Safety Commission.

In regard to bus services, it is illegal to drive while under the influence of alcohol or drugs to such an extent as to be incapable of maintaining proper control of the vehicle. Section 49 of the Road Traffic Act 1961 prohibits the driving of a mechanically propelled vehicle by a person while under the influence of an intoxicant. Enforcement of the law on drink and drug driving is a matter for the Garda Síochána. When a garda suspects a driver of a vehicle is under the influence of an intoxicant, the garda may arrest the suspect under section 49 of the Road Traffic Act 1961. In addition, Dublin Bus and Bus Éireann are considering the introduction of drink and drug testing as envisaged in section 13 subsection(1) of the Health and Welfare at Work Act 2005. I support and very much encourage that position. It should be done without further delay.

The psychological testing of transport workers was discussed on Committee Stage. That is a matter for the recruitment policies and practices of individual transport companies. In the railway sector I am informed that Iarnród Éireann uses a psychometric testing programme as part of its recruitment and promotion processes. As part of its recruitment and selection processes, Veolia Transport requires all Luas tram drivers to be assessed fit for driving by the company's independent medical doctor. In respect of bus passenger services I am informed by Dublin Bus that the company conducts a comprehensive pre-employment medical examination of all employees. I am also informed that in Bus Éireann psychometric testing forms part of the selection process as does a stringent pre-employment medical examination.

In light of all of those measures that are in place and which are enforceable by various agencies, I ask the Deputy to withdraw those amendments.

See this speech in context