Róisín Shortall (Dublin North West, Labour)
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Question 65: To ask the Minister for Transport the action his Department will take to introduce mandatory fitting of cyclops mirrors to all heavy goods vehicles as part of the annual road worthiness test; the reason for the delay in dealing with this since the proposal was made over three years ago by the Irish Road Haulage Association; if such a requirement is within the scope of EU law; and if he will make a statement on the matter. [16563/06]

Pat Gallagher (Donegal South West, Fianna Fail)
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Directive 2003/97 lays down new standards for the type approval of certain categories of vehicles, especially lorries, on the field of vision of drivers and requires that all new vehicles meet the new standards. The directive was transposed into Irish law by the European Communities (Mechanically Propelled Vehicles Entry Into Service) (Amendment) (No. 2) Regulations 2004 as regards type approval and entry into service of vehicles.

While the directive's provisions do not become compulsory until 26 January 2007, and then only with regard to new vehicles, I have sought to have these higher standard mirrors fitted to existing HGVs on a voluntary basis. In that regard, in April 2005 the Irish Road Haulage Association, the Society of the Irish Motor Industry and the Irish Business and Employers Confederation were requested to consider advising their members to retrofit vehicles with blind-spot mirrors or indirect vision devices. The Society of the Irish Motor Industry was also asked, in advance of the 26 January 2007 deadline for new vehicles, that all new HGVs being put on the market meet the higher standards required by Directive 2003/97/EC.

The Irish Road Haulage Association responded positively, indicating that in recent years it has actively encouraged its members to fit convex mirrors to their vehicles and to request these when acquiring new vehicles. The Society of the Irish Motor Industry also responded positively, indicating that vehicle distributors had agreed to the fitting of these enhanced mirrors to new vehicles before they become a legal requirement in January 2007. In that regard, the Society of the Irish Motor Industry anticipated that by the end of March 2006, 80% of new vehicles of the relevant categories would meet the requirements of the directive, with all new vehicles so complying by the end of October 2006.

In accordance with Directive 96/96/EC, HGVs are first liable to roadworthiness when they are one year old. As the fitment of mirrors in accordance with Directive 2003/97/EC does not become mandatory until 26 January 2007, it would not be appropriate to check HGVs for these mirrors during the annual roadworthiness test until after 26 January 2008 and then only with regard to HGVs whose registration required the fitting of mirrors in accordance with the requirements of Directive 2003/97.

Additional information not given on the floor of the House.

On 12 April 2006 the European Commission published a consultation paper on the retrofitting of blind-spot mirrors to existing HGVs, seeking views of interested parties by 19 May 2006 with a view to possibly bringing forward proposals for a directive on the matter. I welcome this development and intend to respond to the European Commission indicating that Ireland would be in favour of early action on the issue. I will progress the development of national legislation in this area having regard to the Commission's consideration of this matter.

Róisín Shortall (Dublin North West, Labour)
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I do not accept what the Minister of State has said. He has discussed the relevant EU directive with regard to the fitting of blind-spot mirrors to new trucks, but what about older trucks, and why will the Minister not make it compulsory for owners to fit such trucks with these important mirrors?

We accept there is much public concern about trucks having blind spots. The National Safety Council has estimated that at least eight people die per year on our roads as a result of trucks having these blind spots. The Minister of State will be aware that the Dublin city coroner, Dr. Brian Farrell, after hearing the case of an 80 year old man killed by a truck, recently stated that he strongly recommended the provision of these safety items in the interest of public safety. He even wrote to the insurance companies and the Department of Transport to make his views known.

We know the EU directive will require new trucks to be fitted with these mirrors from next January. What about existing trucks? Under current legislation and EU directives, there is nothing to prevent the Minister from making the fitting of such mirrors compulsory on all trucks in the country. I have checked this and it appears a fairly straightforward process. Relevant legislation is section 11 of the Road Traffic Act 1961. The Minister has the power to make regulations with regard to vehicle equipment. It appears that the action could be carried out with the stroke of a pen. Why will the Minister not do it? He has been urged to do so by the industry and the action would definitely save lives. The Minister has not provided an explanation for his inactivity in the area.

Pat Gallagher (Donegal South West, Fianna Fail)
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I recognise the role played out by the Irish Road Haulage Association, IBEC and SIMI. I met representatives of the Irish Road Haulage Association today, specifically the director of the association, and it is very happy with the progress that has been made.

Before dealing with the Deputy's supplementary question, I point out that on 12 April 2006 the European Commission published a consultation paper on the retrofitting of blind-spot mirrors to existing HGVs. The Commission is seeking views, which must be submitted by 19 May 2006, with a view to possibly bringing forward proposals for a directive on the matter. We will respond but I want to consult the SIMI to ensure assumptions in the consultation paper reflect the Irish scene. I can accept the general proposals. The Commission proposed retrofitting the mirrors to vehicles registered in 1998, whereas we will propose backdating it to 1992 because the average life of a HGV is approximately 16 years.

The Deputy suggested taking unilateral action but I wish to work within the European framework and it is not possible to make the retrofitting of mirrors compulsory by the stroke of a pen. I assure the House that if it takes much longer, I and the Minister for Transport, Deputy Cullen, will consider taking action but I prefer to work within the EU framework. Even if we introduced regulations, this is a technical standard which cannot be cleared unilaterally. It must be cleared through the European Commission. I am keen to pursue the issue as vigorously as possible and to convince colleagues in Europe that retrofitting should be backdated to 1992.

I acknowledge that six to eight fatalities occur each year involving vehicles without retrofit mirrors. Let the House today call for the co-operation of all those who do not have blind-spot mirrors. They cost merely €140, which would not fill a small fuel tank. I give credit to those who have made the effort to install them and call on those who have not immediately to do so.

Róisín Shortall (Dublin North West, Labour)
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That is a cop-out on the part of the Minister of State, because he does not have to wait for EU developments. There is nothing to stop him from introducing new regulations for trucks operating on Irish roads. Other states, such as the Netherlands, have done so and Belgium has offered incentives. To say we must await EU developments is merely long-fingering the issue.

The Minister of State referred to a voluntary code. The Irish Road Haulage Association has pleaded with him and his predecessors for nearly three years to take action to introduce a compulsory requirement for blind-spot mirrors. The industry recognises the problems and that the only thing preventing compulsory mirrors is the inactivity of the Department of Transport. The industry has contacted the Minister of State and his predecessors, Deputy Callely and Deputy McDaid. None of the three has done anything to make these life-saving mirrors compulsory. The Minister of State has failed to provide justification for not moving in that direction.

The inactivity of the Department results in the loss of lives on Irish roads, which is inexcusable. It is all very well to say there is a voluntary system, but when people cut costs to the bone they will not fit these mirrors unless they must under the law. They cost €14 and can be fitted for less than €100. Why will the Minister of State not make them compulsory? He has failed to provide one sound reason for not doing so and there is nothing in Irish law to stop him from doing so. The industry wants him to act. We demand action from the Minister of State where his predecessors failed.

Pat Gallagher (Donegal South West, Fianna Fail)
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I do not want the impression to be given that we can achieve this measure at the stroke of a pen. It involves a technical standard and requires approval from Europe. The EU is progressing the matter, although perhaps not as quickly as we would like. I assure the Deputy that we are taking ownership of the matter.

Róisín Shortall (Dublin North West, Labour)
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Other states have not waited. They have taken unilateral action and the Minister of State can do the same.

Pat Gallagher (Donegal South West, Fianna Fail)
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The technical solutions adopted by the member states to which the Deputy referred, namely Belgium, Denmark, Germany and the Netherlands, do not fully comply with the retrofitting requirements of EU Directive 2003/97. The matter is being pursued vigorously and we want to deal with it with the European Commission. Progress has been made. I have taken every opportunity to discuss the matter with my European counterparts at recent Council meetings. As it only costs €100 per fitting, it is not a great imposition. In the meantime——

Róisín Shortall (Dublin North West, Labour)
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In the meantime, lives are being lost.

Pat Gallagher (Donegal South West, Fianna Fail)
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I assure the Deputy if there are any further delays, a unilateral measure will then be considered.

Róisín Shortall (Dublin North West, Labour)
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How long will we have to wait? Will it be another three years?