Noel Dempsey (Meath West, Fianna Fail)

I propose to take Questions Nos. 102, 111, 120 and 133 together.

The Railway Safety Commission is the independent statutory body charged with responsibility for ensuring implementation of recommendations made to Iarnród Éireann by the Rail Accident Investigation Unit, which is the independent body responsible for accident investigations. On its publication on 16 August last, I acknowledged that the report of the Rail Accident Investigation Unit into the Malahide viaduct collapse in August 2009 was an important report into a very serious event. Thankfully, due to the speedy actions of the train driver on that day and the effective operation of all post-accident procedures, there were no fatalities or injuries to any members of the public or staff. However, I recognise that the report gives a detailed and worrying account of the inadequate maintenance and inspection regime in Iarnród Éireann of recent years which failed to safeguard the viaduct structure from the impact of scour and erosion in Broadmeadow Estuary.

I wrote to the chairman of Córas Iompair Éireann on 17 August last emphasising the importance of implementing in full the recommendations made to Iarnród Éireann by the Rail Accident Investigation Unit and the Railway Safety Commission in its compliance audit. I referred to the importance of regular progress updates to be provided by Iarnród Éireann as part of the monitoring of the railway safety investment programme funded by my Department. In addition, I asked the chairman to provide an early update on the progress of the implementation of the Rail Accident Investigation Unit and Railway Safety Commission recommendations.

Since the issue of the Rail Accident Investigation Unit report on 16 August 2010, I understand from the Railway Safety Commission that eight of the recommendations have been completely implemented and seven are at various stages of implementation. As indicated in the Rail Accident Investigation Unit report itself and from updates received from Iarnród Éireann, significant changes have now taken place to meet the shortcomings identified and to ensure there is no repetition of this incident. Iarnród Éireann has identified and conducted detailed surveys on 105 bridges that are particularly susceptible to scour because they traverse water and has not found any scour-related risks with any of these bridge structures. There has also been a substantial reorganisation of the Iarnród Éireann civil engineering department, including the appointment of a new chief civil engineer and a technical manager for civil engineering.

Under section 35 of the Railway Safety Act 2005, the purpose of the investigation into the collapse of the Malahide viaduct was to improve railway safety by establishing, in so far as possible, the cause or causes of the incident with a view to making recommendations for the avoidance of such incidents in the future. The Act provides that an investigation report recommendation shall in no case create a presumption of blame or liability for a railway incident. As the independent regulator, the Railway Safety Commission has the power to bring sanctions under the Railway Safety Act 2005. I understand that, based on the evidence in the Rail Accident Investigation Unit report, the Railway Safety Commission is considering what sanctions, if any, are appropriate or possible under legislation.

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