Dáil debates

Wednesday, 25 January 2006

3:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

On 23 November last year I asked if the Taoiseach would take personal responsibility for the Government action in dealing with the carnage on our roads. In 2003, 335 people lost their lives on Irish roads. In 2004 the figure was 370 and in 2005 the figure was 399. The roads are littered with monuments to tragic accidents and lost lives. So far this year, 29 people have lost their lives in road accidents.

In the national road safety strategy, the Government quite rightly set out a series of targets. The problem is that those targets have not been achieved and cannot be achieved when they are not underpinned by the policies and resources necessary to achieve them. The record in this area is littered with broken promises. The Taoiseach will recall the Government's solemn promise made in 1998 to roll out speed cameras nationally within two years. Seven years later, only three out of 20 speed cameras are operational at any one time in the greater Dublin area. The Taoiseach will also recall that 69 penalty point procedures were to be introduced by the end of 2003, and two years later, only four of those have been introduced.

The Minister for Transport, who is absent, has repeatedly promised a road traffic Bill to deal with the issue of random breath testing and to enable the deployment of more speed cameras. However, the Taoiseach's programme for legislation, announced today, shows no such legislation in preparation. While it is obvious to everybody that driving behaviour is down to each individual, if a lackadaisical approach is taken to this matter and if individuals assume or perceive they can drive in excess of the speed limit, in excess of the alcohol limit and following drug substance abuse in many cases, they will do so.

The record of the Government in dealing with the carnage on the roads has been a dismal failure. The Government has failed on every promise it made, despite quite rightly setting out specific targets under the road safety strategy. Given that the Minister for Transport has failed utterly to deal with this issue, is the Taoiseach prepared to take personal charge to drive the matter from his office to see that real improvements and progress can be made, which hopefully will allow the targets set out in the national road strategy to be achieved and tragic and unfortunate road deaths reduced?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

The number of road deaths and the carnage on the roads is both disappointing and disturbing. At the start, we should remember all those who have unfortunately lost their lives in recent weeks and months. As Deputy Kenny said, the primary target for the Road Safety Strategy 2004-2006 was to reduce road deaths to no more than 300 per annum by the end of 2006. That target will be very difficult to achieve with the number of deaths at 374 for 2004 and 399 for 2005.

I do not believe that legislation has been the difficulty in this area. We have an enormous number of legislative measures and another legislative measure, the Transport (Miscellaneous Provisions) Bill will shortly be before the House, which will give increased powers in a number of areas, including some of the ones the Deputy mentioned. The Minister for Justice, Equality and Law Reform has announced plans to develop a traffic corps in each divisional area, with far greater numbers than at present. While the traffic corps is in operation at present, it is planned to use the increased number of gardaí to bring up to 900, if I recall the figure, the number of traffic corps gardaí around the country dealing every day, day and night, with traffic issues.

There has been the major extension of the application of the penalty points system, including the working of the technology system, which was slow to get off the ground, from the existing five offences to 35 offences, which will be launched in springtime. There is a continued focus on driver behaviour and key safety issues, such as dangerous overtaking and failure to obey traffic lights, stop signs, yield signs and vehicle crossing centre lines. There are the fixed charges that have been applied to offences — they will be applied to almost 60 offences. The vast majority of those are the 35 penalty points offences referred to. The Minister for Finance will make a detailed announcement on these matters in the morning. The extension will be facilitated by introducing a series of statutory instruments; primary legislation is not required in these areas.

The Deputy asked about the introduction of legislation to support the operation of privately owned speed cameras. Decisions on the locations where cameras will be provided will be taken by the Garda. I understand the Garda Commissioner is appearing before the Joint Committee on Transport dealing with traffic issues. I know that is an issue he will address at that committee. This is to be based on reflecting both the experience of speed-related collisions and evidence of a history of speeding. It is not a willy-nilly approach that cameras are stuck everywhere and anywhere on open stretches, they are in the crucial areas around the country.

There is also the issue of random roadside breath testing. We have come to a conclusion on that matter. There has been a lot of legal debate on what is constitutional. The Attorney General has given his advice on the matter. It is legal and constitutional to have random breath testing. It must be done in a particular way, but that will be done. That will be announced as well. In the past few days we have conveyed that to the Garda Commissioner.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

I understand the advice of the Attorney General was the direct opposite to what the Taoiseach just read out. I drive between 40,000 and 50,000 miles per year and the numbers of road checks I come across throughout the country are few and far between. The public like to see gardaí conducting traffic checks. However, the perception is that the penalty points system is being used as a money gathering exercise with gardaí checking for speed as drivers leave a town between the 50 km/h and 60 km/h speed limits.

The Government is not really serious about the matter. It has done nothing about the use of mobile phones when people are driving. It has done nothing about roadside drug testing. I understand that of those who tested positive at least 20% were driving following substance abuse. The Government has done nothing about real training for motorcyclists, who now come up behind cars at considerably in excess of 100 mph in many cases, as I have seen personally. The Government has done nothing about cutting back on the number of people driving with provisional licences, which exceeds 400,000 — the vast majority of these drivers are unaccompanied by a full licence holder. It has done nothing about a real education programme for young people or for non-nationals driving here who come from a different culture and who may have difficulty switching over at short notice to driving on the left as opposed to the right hand side.

The Government could have taken far more decisive action in attempting to meet its targets, as set out in the road safety strategy, to save lives, which is what it is about. The Minister for Transport has failed in his responsibility to achieve these targets and has let the Government down. I again ask the Taoiseach, as I did on 23 November, whether he is prepared to personally take charge of this element of a fundamental issue relating to safety on Irish roads and use the power of the Office of the Taoiseach to see that these things happen. The public will obey, but they must know the regulations exist and are enforced. It is the responsibility of the Taoiseach to see that the facilities and resources are provided to ensure that happens.

4:00 pm

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

Since 1998 the Government has had road strategy programmes designed to reduce the number of fatalities and injuries on the roads. While I accept that any number of injuries or deaths on the roads is too high, to the best of my recollection, the figures for 1998 were higher than they are today. At that time there were only approximately 1 million vehicles on the roads while there are more than 2 million vehicles today. However, when people are dying that is not the way to look at it. In spite of improved roads, more gardaí, more legislation and more powers, we need to continue doing that.

The Deputy referred to cameras and where the gardaí locate checkpoints. That was the point I was making. It is not an issue of troubling the public at easy locations. It is looking at places where historically experience shows evidence of a history of speeding, where speed-related collisions occur and where serious accidents and fatalities occur. That is where we should put the traffic corps and the speed cameras. We have a system of offences. There are also the issues of responsibility and training. I appreciate that a high number of non-nationals are among the fatalities, perhaps because of their inexperience of our road laws. All those matters are being rolled out and are being pursued. That is the reason for the huge increase in the traffic corps and for so many additional resources being given to the road safety strategy. The Minister will outline some more of those tomorrow.

It is regrettable that it is always a case of big brother trying to stop people rather than looking after themselves. If that is the way it is, the Government must follow with tough measures that will inconvenience the public and not only those who break the law. The Government is prepared to do that.

The Attorney General's advice on the random roadside breath testing is not that it is unconstitutional. To stop every single vehicle is not considered to be a fair way of applying the law but to stop vehicles randomly is. It will put some fear into drivers who, in many cases, do not care about this. The Attorney General's advice is that we can do this and that is the way we propose to continue.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

There have been a number of significant developments since I last asked the Taoiseach about the situation at Shannon Airport on 12 December. The Irish Human Rights Commission expressed its serious concern on 23 December. The interim report of Senator Marty has added to the concerns. During the Christmas recess, my colleague, Deputy Michael D. Higgins, uncovered two defence treaties that have not been laid before the House, even though they date back to January 2003 and February 2004. While the Minister for Defence has apologised for their not being laid before the House, they still were not laid before the House as at lunch time today.

There is acute concern here about what might be happening as a result of the Americans being facilitated at Shannon Airport in the process of what they call "extraordinary rendition". There is growing international concern about the same issue. It is a major issue in British politics, yet all that we can find out from our Government is that it has diplomatic assurances to the effect that "nothing untoward" is happening. How do we know that nothing untoward is happening? More and more of our citizens are asking whether our Government wants to know.

The State watchdog established by the Government said that reliance on diplomatic assurance is not sufficient to protect against the risk of torture and other forms of ill treatment. The UN Commissioner has made the same statement and the European Court of Human Rights made the same point.

Is it the case that civilian aircraft are being disguised for the purpose of extraordinary rendition travelling through Shannon Airport? If state aircraft are being disguised for CIA purposes, it is in breach of the Chicago Convention. On the other hand, if they are orthodox civilian aircraft, we may inspect them. Does the Taoiseach intend to take any steps to have such aircraft inspected on behalf of the Government to reassure the people that the process of extraordinary rendition, which is repulsive to our citizens, is not happening with our facilitation?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

As Deputy Rabbitte said, the Irish Human Rights Commission wrote to me over the Christmas and new year period. There have been discussions in the Government and the Department of Foreign Affairs on this issue. We welcome the publication of Senator Marty's memorandum and will follow his future work on this matter in every way we can.

The memorandum summarises the various allegations made and does not appear to reveal any new information. He accurately records the Government's complete opposition to the practice of extraordinary rendition. We have constantly made it clear that we cannot and will not permit extraordinary rendition through Irish territory. The senator notes the Government's total condemnation of the practice. We are wholly opposed to torture or any breaches of international law under any of the conventions. I make this absolutely clear.

The Secretary of State, Dr. Condoleezza Rice, and the US authorities have given repeated, clear and explicit face to face assurances to the Minister for Foreign Affairs, acting on the Government's behalf, no later than the period prior to Christmas, that no prisoners have been transferred through Irish airports to Guatemala or anywhere else. We have put this to them on a number of occasions. We have put it to diplomats and others. The assurances we have received from the United States, which Deputy Rabbitte will appreciate, are unqualified and straightforward. Prisoners have not been transferred and will not be. These assurances differ from those received by other European governments.

We have been very clear about the position. I know the Deputy is concerned, as is every Member of the House and member of the public, that our facilities, which we have given because of historical connections, should not be used for the purpose of rendition. This is the latest position. I assure the House that we will co-operate fully with the Irish Human Rights Commission and the investigation by the Council of Europe, which has also written. We will co-operate with all of those in dealing with any guidelines or other issues put forward. We are happy to co-operate with the European Parliament and the PACE investigations. We have not been contacted in that regard but will give our full co-operation in an up front way.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

I appreciate what the Taoiseach has said but Senator Marty will not board aircraft at Shannon Airport. The question is whether the Taoiseach is still relying on diplomatic assurance and, from his reply, the answer appears to be that he is. I have cited three authorities that say reliance on diplomatic assurance is not sufficient, those being the European Court of Human Rights, the UN Commissioner responsible for monitoring matters relating to torture and the Irish Human Rights Commission, which was clear that it was not sufficient. However, as far as the Government is concerned, this is precisely where the issue rests.

Should I take it from the Taoiseach's reply that he does not intend to take any steps to be satisfied that the obnoxious procedure of extraordinary rendition is not being facilitated at Shannon Airport?

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
Link to this: Individually | In context

The Deputy's time has concluded.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Will the Taoiseach take any steps to be satisfied and reassure the Irish public that this is not happening? There is no point in saying that he is opposed to it. The question is whether the Government is trying to find out whether it is happening.

The United States is a friendly government that misled the Taoiseach, who seems to have been a willing dupe in the matter of the excuse for invading Iraq in the first place. There were no weapons of mass destruction but we were assured there were. We were treated to a presentation at the United Nations as to the location of the weapons of mass destruction. They did not exist.

Why should we, merely because we are talking about a friendly government, in light of the stature of the organisations I have quoted who say one cannot rely on diplomatic assurance alone, continue to rely on diplomatic assurance? Does the Government intend to cause any steps to be taken to establish whether extraordinary rendition is happening here? My understanding of what Dr. Rice said is that she neither confirmed nor denied that prisoners are being transported through Shannon Airport. She denied that they were being transported for the purpose of torture.

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
Link to this: Individually | In context

The Deputy's time has concluded.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

No. It was unqualified.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

I will try to make the position clear again. Deputy Rabbitte correctly stated that there are a number of investigations going on, such as that of the Irish Human Rights Commission. The Secretary General of the Council of Europe has asked for responses to questionnaires, which we will give. We will be happy to co-operate with the European Parliament and the PACE investigations.

Last week, the European Parliament set up a temporary committee to investigate the allegations of transport and illegal detention of prisoners by the CIA in European countries. Our MEPs of all parties are involved. Rapporteur of the Parliamentary Assembly of the Council of Europe and the committee on legal affairs, Senator Marty, presented an information memorandum on the issue. It states there is no formal, irrefutable evidence of the existence of secret CIA detention centres in any member state. However it finds that individuals have been rendered to countries where they have suffered degrading treatments and torture. Sources for this include former and present CIA officials, European government officials and NGO personnel. We will co-operate with regard to any of those areas.

We did not sit back and ignore this, nor have we taken the view that if we do not ask the question we will not get an answer. We have not only relied on diplomatic responses. Condoleezza Rice is Secretary of State of the United States and a senior representative, not a diplomat. It has been made absolutely clear. She has stated that no rendition has taken place through Shannon at any time, ever. This is the unqualified position. She has given categoric assurances. This was confirmed as late as yesterday by the ambassador and we have kept monitoring this position.

Deputy Rabbitte understands that for me to go beyond that, I could only call senior American officials one thing and I am not prepared to do so.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

The sharks in the financial markets are pushing for the early privatisation of Aer Lingus. The Government took a decision in principle last year that it would privatise the company and leave an island nation without a publicly-owned air transport vehicle, which many see as a strategic interest.

What is the Government's position? Will it shamefully hand the national airline and its staff to transnational corporations whose only agenda is the maximisation of profit? The Taoiseach must tell us today. Aer Lingus staff, their families and the communities around the airport dependent on this employment are increasingly anxious about Government plans and are being left in the dark.

The Government has the option of investing in Aer Lingus as there is no barrier to such public investment. It could develop it as a vibrant transport vehicle, with staff brought to the heart of the matter. We need very clear answers to the following questions. Does the Taoiseach intend going ahead with the privatisation? If so, how will the Government do so — by a trade sale, by flotation on the stock exchange or by other means? When will the Taoiseach put this process into effect? What is the deadline and the schedule of the Government? The Taoiseach should be very clear and precise in his answers.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

It is my new year's resolution to try to be precise.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Hear, hear.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

I confirm to Deputy Higgins that the Government will stick by the announcement of last summer concerning the comprehensive growth plan for Irish aviation that puts the aviation sector on a clear, upward growth path. We will provide new external capital to Aer Lingus and we will examine how this can be best done. This will mean that part of Aer Lingus will be sold to allow the airline to expand. We will continue with the plans for the terminal and the other initiatives necessary for Dublin Airport to deal with 30 million passengers and to allow for the development, securing and safeguarding of Aer Lingus into the future.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

The Taoiseach has broken his new year's resolution on his first day back. I asked him a number of precise questions. Judging by newspaper articles I read recently, the staff at the National Museum got more information out of Clonycavan man, and the poor man was dead for 2,000 years in a bog, than the Taoiseach has provided today. The Taoiseach is very much alive in front of me. I might call him neo-liberal man.

The Union Bank of Switzerland, one of the advisers on the future of Aer Lingus, stated the Government should move to privatise within six months. Recently, in a national newspaper, a spokesman for the Minister for Transport, Deputy Martin Cullen, was asked if the Government was prepared to follow the advisers' recommendations to conduct the initial public offering in the short term. Deputy Cullen's spokesman replied that Ministers were working to that agenda: "If the market conditions are right, the answer is yes". Will the Taoiseach confirm the Minister and the Government are working to a short-term privatisation and that it may happen this summer? I ask the Taoiseach to be clear as he knows the answers.

Is it appropriate that top management in Aer Lingus, which is owned by the community and the taxpayers, should be blatantly urging privatisation when they are likely to become millionaires within a few years of the process? Is there not a despicable conflict of interest here? Should they not be prohibited from doing so? I put my original questions again and ask the Taoiseach to provide answers very clearly.

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
Link to this: Individually | In context

Will Deputy Higgins listen to the answers?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

We have stated time and time again that the Government will maintain a strategic interest in Aer Lingus. We have stated we will allow an equity injection which means a sale of a proportion of Aer Lingus. This will be decided following the consultant's advice in the area. The purpose of this is to prevent what happened in 1993 and some four or five years ago, when Aer Lingus nearly went down the tubes. Deputy Higgins must stop trying to close the national airline.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

The Government could provide equity.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

There is not an airline in Eastern Europe that has continued with that old hat.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

All the garlands went to the Taoiseach's head. He should talk sense.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

We want to secure Aer Lingus, secure the staff, secure the jobs and help to develop the airline, including new long haul routes to Thailand, Singapore and Bahrain. If Deputy Higgins thinks the ancient ways of rusty aircraft will keep the airline going for the future he is off his head.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

No answers.