Fergus O'Dowd (Louth, Fine Gael)
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Question 1: To ask the Minister for Transport if he had contact with the National Roads Authority regarding the problems affecting the Dublin Port tunnel; if public money will be necessary to fund critical maintenance; and if he will make a statement on the matter. [10001/08]

Noel Dempsey (Meath West, Fianna Fail)
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As Minister for Transport I have responsibility for overall policy and funding in regard to the national roads programme element of Transport 21. As the Deputy is aware, the implementation of individual national road projects, including the Dublin Port tunnel, is a matter for the National Roads Authority under the Roads Act 1993 in conjunction with the local authorities concerned.

The Dublin Port tunnel was closed on Wednesday, 27 February for approximately nine hours because of an electronic equipment failure. This is the latest in a sequence of electronic equipment failures to cause a temporary closure of the tunnel. The NRA and Dublin City Council have repeatedly taken up the issue of electronic equipment failure with the contractors. Arising from last Wednesday's incident, I have urged both organisations to intensify their efforts to remedy the equipment failures and indeed any other causes for occasional tunnel closures. To put this issue in perspective, it is useful to note that there have been four unplanned tunnel closures since 1 January 2008. These closures have resulted in the loss of just over 2% of planned tunnel availability time.

Responsibility for the design, installation and provision of the various tunnel systems was that of Nishimatsu-Mowlem-Irishenco, NMI, under the terms of its contract to Dublin City Council. During the delivery of the project, both the NRA and Dublin City Council were repeatedly reassured and guaranteed that the tunnel systems would be fully fit for their intended purpose and that the installed equipment would be both durable and resilient. Since the hand-over of the tunnel just over one year ago, there have been a number of individual equipment malfunctions such that this is clearly not the case in all circumstances. The issue, therefore, is with the durability and reliability of the equipment provided by the contractor.

The contractors have been put on notice of legal action to recover all costs arising from deficiencies in the equipment provided. In addition, further legal action will be pursued for any further failure on the part of the contractor to urgently carry out all necessary works and equipment replacements to deliver the full tunnel systems to the standard required and contracted for. Where the contractor does not immediately deal with any deficiency in systems or equipment, the NRA will do so itself and pursue recovery of the costs from the contractor in order that costs will lie where they contractually should.

Fergus O'Dowd (Louth, Fine Gael)
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This tunnel was designed and built to last 100 years. However, it has been open for 15 months and there have been significant failures of the Scada system. Is that acceptable? Does the Minister believe the software was properly tested and was the best available internationally? Is it fit for its purpose?

I met the NRA yesterday, was in the tunnel complex and spoke to people there and to the consultants. They are deeply unhappy with the response from the contractor which installed the equipment and which is not fit for purpose. They cannot stand over it and they do not know when there will be another glitch. The contractor is refusing to do any further work on the equipment and that is why the NRA is now proceeding to the legal phase.

The difficulty is that each time the tunnel closes, people lose confidence in it. What will the Minister do to restore confidence in the operation of the tunnel and the equipment therein, particularly the Scada safety system?

Noel Dempsey (Meath West, Fianna Fail)
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What I expect to be done is exactly what the NRA is doing as the contracting party with NMI. It will pursue this company legally to get it to comply with the terms of its contract. If the equipment does not meet the standards clearly laid out in the contract, if it will not stand over that and deliver to the terms of its contract, the NRA has the right to go after it legally to get recompense for any loss and, if needs be and it has to do the work itself to ensure there is no reduction in the service, to cover costs. That is a legal and contractual matter between the NRA and the company concerned. I am satisfied the NRA is doing everything it legally and physically can do to ensure these types of incidents, which are totally unacceptable, are eliminated as quickly as possible, or are kept to a minimum until they can be fully eliminated.

Fergus O'Dowd (Louth, Fine Gael)
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The tunnel contractor is not doing the work and the NRA is now doing it but it does not know how to fix the system. Each time there is a failure, the system must be reset manually which is unacceptable. Does the Minister not think it is time for an independent audit of the system installed and why it was recommended? Clearly, it is not fit for purpose. Having spent €750 million on this tunnel, why is it not working after 15 months? The process of fixing it may take months if the whole system has to be reinstalled.

Will the Minister seek from the NRA an independent audit of what is going on in the tunnel which should include possible solutions, costs and time delays? We must have confidence in the tunnel, which we do not have at present. The NRA does not have confidence in it and the system in it does not work and could breakdown again tomorrow.

Noel Dempsey (Meath West, Fianna Fail)
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As I said, the NRA is pursing this with the contractor and is doing the type of things for which the Deputy asked. It is best left to the NRA to do these things. I have every confidence the NRA will pursue this matter. I agree with the Deputy that it is unacceptable that this should have happened, and continues to happen. It is a matter for the NRA to pursue to ensure it does not continue.