Róisín Shortall (Dublin North West, Labour)
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Question 2: To ask the Minister for Transport if he will report on the implications for the banning of so-called super-trucks in view of the November 2005 European Court of Justice ruling on such bans; and if he will make a statement on the matter. [36250/05]

Ivor Callely (Dublin North Central, Fianna Fail)
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The question refers to two different issues, namely, the super-truck, or super-cube, and the November 2005 European Court of Justice ruling. Although the Deputy does not quote the reference, I presume the question refers to the weight issue. There is a distinction between height and weight.

EU law permits member states to have national weight and dimension limits for road vehicles provided they are not in conflict with European law. I understand the recent judgment of the European Court of Justice, to which the Deputy's question refers, relates to the prohibition by the Austrian authorities on the use of certain motor vehicles over 7.5 tonnes in weight on a section of motorway in the Tyrol region. I understand that this limit was lower than that the weight limit specified in the relevant EU directive on vehicle weights and dimensions.

The issue I am considering relates to the possible reintroduction of a statutory maximum height for vehicles in excess of a limit of four metres which is the current threshold at or below which the free circulation of vehicles within the European Union must be permitted by member states. In the event that it is decided to reintroduce a statutory height restriction for vehicles, it will be necessary to submit the draft regulations to the European Commission for consideration and for referral to other member states in accordance with the Technical Standards and Regulations Directive 98/34.

Tommy Broughan (Dublin North East, Labour)
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I thank the Leas-Cheann Comhairle, the Minister and the Minister of State for agreeing to allow me to substitute for Deputy Shortall who could not be in the House today.

The Minister of State has said he is giving consideration to a regulation on statutory weight and maximum height. His predecessor, Deputy McDaid, told the Labour Party, in answer to a parliamentary question three or four years ago, that the Government was drawing up proposals to regulate the maximum height of vehicles. Much research has already been done on this issue. Why have we not seen that research and why are we having this debate? Is it the case that the Minister and Minister of State have caved in to lobbying by specific interest groups to prevent such regulation being brought forward?

The recent EU ruling on the Austrian, Italian border issue clearly indicates that restrictions may be justified by imperatives relating to the protection of the environment and the court stressed that point. Therefore, does the Minister of State agree that he has power, both at Irish and EU level, to bring forward necessary regulations in this regard?

Will the Minister of State inform the House how many EU countries have regulations on the height and weight of vehicles and what they are? What is the general pattern across Europe?

The Taoiseach was reported in the media as saying that the contents of the EU ruling do not apply to us. Did the Minister, Deputy Cullen, or the Minister of State, Deputy Callely, discuss this matter with the Taoiseach before he made his remarks?

What does the Minister of State believe should happen with the types of vehicles that will be permitted on the roads of our capital city? Both the Minister and I have served on Dublin City Council and I am interested in his view on the numbers of axles, weight and height allowed following the opening of the Dublin Port tunnel.

Ivor Callely (Dublin North Central, Fianna Fail)
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Deputy Broughan has asked a series of questions and I will try to answer them as best I can.

On the Dublin Port tunnel and the proposal for a HGV management plan, Deputy Broughan is quite correct in that the matter rests with Dublin City Council on which both of us once served. The office of the director of traffic is working on proposals for an appropriate HGV management——

Tommy Broughan (Dublin North East, Labour)
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Will the Minister of State ask the new director of traffic, and I presume there will be a new director of traffic, to bring this issue forward urgently?

Ivor Callely (Dublin North Central, Fianna Fail)
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Yes, it is my understanding that work is ongoing on this issue. The Deputy will appreciate it is my desire and that of the Minister, Deputy Cullen, to have the plan in place for the opening of the tunnel, which we hope will be in the early part of 2006.

With regard to the issue, as Deputy Broughan put it, of Government withdrawing regulations on HGV——

Tommy Broughan (Dublin North East, Labour)
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I referred to the drawing up of regulations and that Deputy McDaid, the former Minister of State, said he would do so.

Ivor Callely (Dublin North Central, Fianna Fail)
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My good colleague and friend, Deputy McDaid, was doing a number of things in the Department. I am not too sure if he was in the Department at the time, but a HGV order was made in 1991 which had to be revoked in July of 2000. The Deputy will appreciate that where we put in place a regulation, whether on height or weight, we want to ensure we do not find ourselves in a situation where we bring forward a regulation and revoke it at a later date, as we have done previously. I want to ensure we proceed appropriately, correctly and consider related issues, including business competitiveness, rail safety, road safety, environmental considerations and the protection of our existing, costly infrastructure.

Tommy Broughan (Dublin North East, Labour)
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What of our European colleagues?

Ivor Callely (Dublin North Central, Fianna Fail)
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I have a list of 18 or 19 countries. The maximum height allowed in countries such as Austria, Belgium, Croatia, Denmark, France, Germany, Greece, Luxembourg, the Netherlands, Poland, Portugal, Romania, Russia, Slovenia, Spain, Sweden, Switzerland and Turkey is four metres. Having said that, I should draw the Deputy's attention to the fact that the UK which, as one would appreciate given its proximity, is one of our bigger trading partners, does not have a height restriction. These are the issues I am trying to consider.