Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 43: To ask the Minister for Transport when the railway safety commission will be established; if he has satisfied himself with the current arrangements; and if he will make a statement on the matter. [12732/04]

Séamus Brennan (Dublin South, Fianna Fail)
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I intend to make the necessary order formally establishing the railway safety commission as soon as possible following the enactment of the Railway Safety Bill. With the co-operation of the Houses of the Oireachtas, I expect the Bill, which completed Committee Stage in the Dáil on 7 May 2003, to be enacted before the summer recess. I am satisfied that the implementation of the provisions of the amended Bill will create an effective and robust regulatory framework for railway safety.

Denis Naughten (Longford-Roscommon, Fine Gael)
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I thank the Minister for his response. However, it is now 12 months since we dealt with Committee Stage of this legislation and we still do not now when it will be progressed further. The Minister has established an interim commission. Will he outline the legal authority this commission possesses? I understand it has none. If this is the case, does it not make a farce of rail safety? The report produced this morning highlights that the incident in Cahir was not due to driver error or a maintenance error, thus raising serious questions about the safety assessments of Iarnród Éireann. Does the Minister believe it acceptable that Iarnród Éireann continues to investigate itself regarding rail incidents?

Does the Minister believe it acceptable that an interim commission with no legal standing is now supervising the investigation by the Rail Procurement Agency, RPA, into itself regarding the Luas tram on 7 April? Does he not believe we need to have an independent statutory commission that could investigate incidents such as this and the death of two people on the Luas rail line in Deputy Gay Mitchell's constituency some months ago? Given that people have lost confidence in the RPA, does he not believe it unsatisfactory that an independent investigative mechanism is not in place?

Séamus Brennan (Dublin South, Fianna Fail)
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I am working to have Report Stage of the relevant legislation taken in the House this session. The Deputy will be aware of why it was delayed. We had a considerable discussion on the inclusion of the intoxicants provision in the legislation.

Denis Naughten (Longford-Roscommon, Fine Gael)
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It was brought in the day before.

Séamus Brennan (Dublin South, Fianna Fail)
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I have now cleared this with Government and will soon have proposals for the House on the matter. I look forward to discussing it with the Deputy when it is before the House.

I do not have an interim inspectorate appointed. What I do have is a railway safety inspector, who serves as the interim inspectorate——

Denis Naughten (Longford-Roscommon, Fine Gael)
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On a point of information, a Dáil reply I received last week states there is an interim railway safety commission which is supervising the RPA investigation.

Séamus Brennan (Dublin South, Fianna Fail)
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There is no formal commission.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Exactly. There is no legal basis for it.

Séamus Brennan (Dublin South, Fianna Fail)
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No, but the chief railway inspecting officer of the Department of Transport has legal powers which are quite strong and serious. I take the Deputy's point that they are not strong enough, which is why the Railway Safety Bill is on the Order Paper. I agree with the Deputy that CIE should not investigate itself, nor should the RPA. The Railway Safety Bill, of which Second and Committee Stages have been taken in the House, as the Deputy knows, will give the new authority strong powers to conduct investigations.

I have asked the RPA to ensure it promotes the safety aspects of the Luas. People must be and will be informed that there are associated dangers. The Luas is a train and runs on the street as well as on its dedicated off-street tracks. It is quite silent and is operated by electricity.

Gay Mitchell (Dublin South Central, Fine Gael)
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What about motorcyclists and cyclists who touch their brakes on the tracks?

Séamus Brennan (Dublin South, Fianna Fail)
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I heard the Deputy make that point also. All those dangers exist and everybody should be aware that there can be dangers attached to any public transport system. I have asked the RPA to promote safety regarding the Luas. People must exercise caution and be aware of the safety regulations that apply to any new public transport system. I encourage them to do so in the case of the Luas.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Is it not unacceptable that the RPA is investigating itself? The former Minister, Senator O'Rourke, was very critical of CIE and Iarnród Éireann investigating themselves some years ago. That is why the legislation was brought forward. One cannot have an organisation taking an À la carte approach to what issues it will investigate. For example, the RPA has decided not to investigate the tragedy Deputy Gay Mitchell has outlined. There should be a statutory independent commission to carry out thorough investigations and it should be seen to be independent and transparent. The investigation cannot take place in independent circumstances rather than under the RPA because the Minister has dragged his feet regarding the legislation.

Séamus Brennan (Dublin South, Fianna Fail)
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That is not the case. The chief railway inspecting officer is fully entitled to carry out a statutory inquiry in accordance with section 7 of the Regulation of Railways Act 1871. Whenever the chief railway inspecting officer——

Denis Naughten (Longford-Roscommon, Fine Gael)
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The legislation is inadequate, which the Minister has admitted.

Séamus Brennan (Dublin South, Fianna Fail)
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That is why the new Bill is before the House. The legislation requires strengthening.

Denis Naughten (Longford-Roscommon, Fine Gael)
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We now have an organisation with no statutory power.

Séamus Brennan (Dublin South, Fianna Fail)
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The Railway Safety Bill, which is on the Order Paper, will give it the necessary powers.

Denis Naughten (Longford-Roscommon, Fine Gael)
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When?

Séamus Brennan (Dublin South, Fianna Fail)
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Report Stage will be taken in a few weeks.

Séamus Pattison (Carlow-Kilkenny, Labour)
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That concludes Priority Questions.

Gay Mitchell (Dublin South Central, Fine Gael)
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On a point of order, the Leas-Cheann Comhairle is a longer-serving Member of the House than I. I note there is a leak in the roof of the Chamber. Is this the first time in history there has been a leak into the House and not out of it?

Séamus Pattison (Carlow-Kilkenny, Labour)
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That is not a point of order.