Fergus O'Dowd (Louth, Fine Gael)
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I thank the Ceann Comhairle and his office for allowing this debate. It is critically important and is a matter of deep concern. The Dublin Port tunnel is the largest piece of infrastructure in the State and cost over €800 million to build. The operating system is called Scada — supervisory control and data system — and I shall refer to it as such.

First, I wish to get the timeline right concerning this issue. On 15 January there was an early warning to the National Roads Authority, NRA, concerning the safety of the port tunnel. On 23 January EGIS Tunnels and the NRA met to discuss the safety issues. On 23 March rigorous testing on safety issues regarding the Scada system commenced. On 26 March the Oireachtas Joint Committee on Transport held a meeting which was attended by the NRA. Representatives were asked specifically about the safety of the tunnel and whether there were any issues in respect of it. Questioning on this was forensic. It is my view that the NRA misled the duly appointed Oireachtas committee by not reporting serious issues concerning the safety of the port tunnel. I contend that the National Roads Authority has no credibility with regard to the transparency of what is going on, and perhaps even with regard to the truth about what is happening in respect of the port tunnel.

The EGIS report stated:

The system is unable to ensure the required level of safety. There were design and operating deficiencies and it had a lack of reliability. It was inefficient to improve and it would create confusion with the system if that were to happen. It is unsuitable to ensure safe tunnel operations.

Another key issue was the absence of documentation in respect of the system. Documents on how to run the system, what was there and what was not, were not available. There was no list of alarms. This would generate dangerous situations.

There are very serious problems with the port tunnel. They have been known to the NRA since at least the beginning of this year. If Paul Murphy, a reporter on "Prime Time", had not put this into the public domain we would not know anything about it. Accountability, credibility and, most of all, safety, are today in the hands of the Minister of State at the Department of Transport, Deputy Noel Ahern. The safety of the port tunnel is what we are concerned about and how we can ensure that it is safe. The Minister of State is accountable to us in the House, as the National Roads Authority is accountable to the Oireachtas Joint Committee on Transport about what is happening in this matter.

The NRA has issued a statement to say that the system is being adjusted or improved. The conclusions of the EGIS report on the ability of the system to be improved upon are exceptionally clear:

Due to its design we conclude that the system will be very difficult to improve and will not be able to accommodate certain improvements listed in a special task order. Most parts of the Scada will need to be replaced. The main point of concern is the use of components, material and software, inadequate for real-time monitoring.

In support of this the report lists the technical options that can be considered and states that these will result in problems occurring at all levels of the architecture. They include response times for the commands and status reports, reliability of the communication system and data collection system, legibility and efficiency of the control interfaces, list of alarms, multiple windows and highlighting of important information relating to the structure. The report also refers to another report, by Martin Kelly, which relates to the network architecture. The choice of equipment and its suitability in the tunnel command control system have also been mentioned.

There is clear evidence of significant problems in the operating safety of the tunnel. The NRA has clear knowledge of the matter which it failed to give to the committee. There is the accountability of the Minister of State for the safety of the port tunnel. What is he doing about it? Will he identify in his response what has happened since, particularly in light of the consultants' view that the tunnel cannot be improved?

The key points I wish to make to the Minister of State are these. Has the NRA come to a decision regarding the replacement of the system? That is what is recommended. Will it be replaced? Not to do so will result in enormous expense and cost. The consultants believe that a replacement of the system should be favoured. Can the Minister of State vouch for the safety of the system by giving us an assurance from an independent and internationally renowned expert, experts or company, with regard to the current operation and safety of the port tunnel? We must have that independent assessment. Clearly, the professional advisers concluded in April that it was unsafe but now there has been a change of tune. We want to ensure it is totally safe and we want the Government to commit to an independent audit.

I received reports today that the Scada system installed in the port tunnel is regularly freezing, that is to say, it is still malfunctioning. Will the Minister of State confirm or deny this? This matter is of incredible national importance as it is crucial for the economy that the port tunnel works. It is also crucial that people can go through it safely.

Tommy Broughan (Dublin North East, Labour)
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I also call on the Minister of State at the Department of Transport, Deputy Noel Ahern, to initiate a full independent investigation into all aspects of safety at the Dublin Port tunnel to reassure the 5 million motorists who use it that it is safe. People need reassurance that, for the 98 or 99% of the time the tunnel has been open since its formal opening, their lives have not been in danger when passing through it.

I am disappointed that the Minister for Transport, Deputy Dempsey, is not here this evening as I feel he has shirked this responsibility again and again. Like Deputy O'Dowd, I was involved in an earlier "Prime Time" investigation and the Minister refused to report on the matter to this House; he said it was a matter for the National Roads Authority, NRA. This kind of archaic nonsense makes a mockery of the Dáil and the democratic system.

Like most people, I was shocked by the further allegations made on the "Prime Time" programme in recent days and the internal EGIS report that RTE made public, which alleged that the Scada safety system was unsuitable to ensure the safe operation of the tunnel and that it generates dangerous situations. It also alleged that the whole Scada system was deficient and inadequate and should be replaced. We were assured by Mr. Fred Barry of the NRA, at a meeting of the Oireachtas Joint Committee on Transport, after an earlier series of closures, that the tunnel was absolutely safe. However, given the recent reports, I have the same doubts and concerns as my Fine Gael colleague.

This week's "Prime Time" investigation came on the back of several other investigations by RTE and the Evening Herald, and there have been distressing allegations that the Dublin fire brigade could not enter the tunnel under certain conditions. During the no-warning shutdown of the tunnel last February there was mayhem across the greater Dublin area. Concerns have been aired in the media about alleged unsafe conditions for driving vehicles carrying petrol, diesel and other combustible cargo through the tunnel. It has also been indicated that parts of the Scada computer system and all 32 pairs of jet fans in the tunnel have been replaced. Why was that necessary so soon after the opening of the facility?

Will the Minister of State address these concerns and outline the contact he has had with the NRA and Dublin City Council regarding the operation of the tunnel? Will the NRA initiate an additional review of health and safety procedures in the tunnel? Will the Minister of State or the Minister, Deputy Dempsey, order an immediate investigation? On behalf of the Labour Party I call for one. Will the Minister, this evening, assure the public that the tunnel is safe? The Minister must establish a full and independent safety review to completely restore confidence as many drivers no longer wish to use the tunnel because, since the last "Prime Time" programme, they consider it to be dangerous.

There seems to be a poisonous industrial relations atmosphere swirling around some of the allegations and information that have come to the fore. Many people were shocked to learn that the NRA and Dublin City Council were also planning to launch legal action against Nishimatsu, Mowlem and Irishenco because of the number of alleged serious systems failures.

My colleague, Councillor Seán Kenny, who is chairperson of the Dublin City Council traffic committee, has called for the termination of the Transroute company's contract because of ongoing safety problems. What is the Minister's view on this suggestion?

Given the importance of the port tunnel to Dublin's north side and indeed to the rest of Dublin and the country, it is critical that its safety is clarified through a full, independent investigation.

Noel Ahern (Dublin North West, Fianna Fail)
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The National Roads Authority would not allow the tunnel to be operated in circumstances that would compromise the safety of the public. As the Deputies will know, the Minister for Transport is responsible for policy and funding matters relating to the national road element of Transport 21. However, the detailed planning, design and implementation of all aspects of individual road improvement schemes, including the safety related aspects of the Dublin Port tunnel, are, under the Roads Act, a matter for the National Roads Authority and the relevant local authority, in this case Dublin City Council.

Due to this statutory position, neither I nor the Minister, nor his Department, has seen the report in question, which I understand was discussed on a recent "Prime Time" programme. However, I am satisfied that the National Roads Authority would not allow the port tunnel to be operated in circumstances that would compromise the safety of the public.

I understand from the NRA that the report referred to in the "Prime Time" programme concerned tests carried out in March, April and May this year by EGIS Tunnels, the parent company of the tunnel operator, at the request of Transroute and the National Roads Authority, to help ensure that all problems associated with the tunnel's Scada control system were comprehensively identified. This is not new information, it was known far earlier in the year.

Fergus O'Dowd (Louth, Fine Gael)
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The Minister of State said he did not know. Until RTE got the information nobody knew.

Noel Ahern (Dublin North West, Fianna Fail)
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The information was known to the NRA. While the report offered the view that the Scada system should be replaced, all parties, including EGIS Tunnels, which prepared the report, agreed subsequently that suitable and adequate measures could be taken to address the problems with the existing system, and those measures have been taken. A critical assessment was given at the time. It got people talking, including those who conducted the report and that is the fundamental issue. Things have changed and people are now happy that the changes made adequately address concerns that were raised.

I draw the Deputy's attention to the statement issued by EGIS Tunnels on Tuesday, which makes it clear that both before and after completion of the report, mitigation measures were implemented that allow the tunnel to operate safely and, in parallel with this work, other improvements to the system were implemented. EGIS Tunnels also pointed out in its statement that in the period since March, the tunnel has not experienced any closures linked to performance issues, such as those reported earlier this year. In particular, it indicated that it is satisfied that the tunnel operator has taken appropriate and sufficient steps, then and now, to allow the tunnel to operate safely. These steps include the upgrading and replacement of the existing Scada servers, which have dramatically improved system performance, improvements to the equipment maintenance procedures to achieve better equipment performance and additional monitoring of the tunnel through the establishment of an additional dedicated manned CCTV monitoring station in the control room. This CCTV monitoring station is staffed from 7 a.m. to 7 p.m. and is in addition to the two manned control desks in the tunnel control room, which are manned 24 hours a day. Other steps include additional drive through patrolling of the tunnel by operator staff and the fact that individual items of equipment have been, and are continuing to be, replaced with newer equipment with improved performance.

The NRA has assured the Minister that there is no discrepancy between this report and the National Roads Authority's comments to the joint Oireachtas committee earlier this year or, indeed, its comments to RTE. For example, the fans in the tunnel, when not controlled by the Scada system, were controlled by an independent manual system, which is outside the Scada system. The control of the fans in the instances referred to was via radio communications, rather than the Scada system.

Fergus O'Dowd (Louth, Fine Gael)
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That is because the Scada system had failed.

Noel Ahern (Dublin North West, Fianna Fail)
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The "Prime Time" programme also raised again the question of temporary blockages of the access doors. As this was mentioned in a previous "Prime Time" broadcast, it is important the programme now has acknowledged that the doors in question are access doors, not safety doors as originally alleged. These doors are designed for use by the tunnel operator to be used after, and not during, an incident. These are huge doors through which one can drive a truck or a fork-lift. The pedestrian or safety doors are small fire doors through which individuals may pass and are completely different. Were one to open the access door in the event of a fire or other problem, one would be allowing in oxygen, thus permitting the fire to spread into the other tunnel, which would be lunacy.

In its supervision of the design and construction of the tunnel, the National Roads Authority has always, from the outset, been fully cognisant of the need to ensure the highest standard of safety provision and has taken account of the most up-to-date standards and codes of practice. Safety has been a primary consideration in the development and implementation of the scheme and the operating, ventilation and safety systems have been designed with safety as a paramount consideration. A safety audit of the project confirms that the tunnel complies in all respects with the requirements of the recent EU directive on safety in road tunnels.

The safety procedures in the tunnel are kept under continuous review. The approach taken represents a comprehensive approach to ensuring the safe passage of vehicles through the tunnel. It is in line with best international standards. I emphasise there has not been and will not be any compromise in the safe level of operation of the tunnel. Any event that arises that could cause such a compromise will result in the immediate closure of the tunnel and no risk will then arise. While this causes inconvenience and disruption to traffic, it is essential to maintain the safety standard required of such a fabulous piece of infrastructure.

In line with all modern tunnels throughout the world, the Dublin Port tunnel requires regular maintenance and servicing of its equipment and systems. Both Deputies will be aware that to facilitate such work, night-time closures are required at weekends on an ongoing basis. Such closures take place between 11 p.m. and 7 a.m. on Friday night and Saturday morning and on Saturday night and Sunday morning.

Any additional special closures are separately announced whenever required. Since the tunnel opened it has been available for use for approximately 98.5% of scheduled time. In other words, non-scheduled closures arising from safety reasons have resulted in a reduction of tunnel availability of only 1.5%, which, by international standards is an excellent statistic. I hope this reply——

Tommy Broughan (Dublin North East, Labour)
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Why not have an independent review?

Noel Ahern (Dublin North West, Fianna Fail)
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The people——

Tommy Broughan (Dublin North East, Labour)
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Some of the Department's consultancy and public relations money should be used.

Fergus O'Dowd (Louth, Fine Gael)
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Hear, hear.

Noel Ahern (Dublin North West, Fianna Fail)
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The people who came in were independent. They were asked to be as critical as possible.

Fergus O'Dowd (Louth, Fine Gael)
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No, they represented the same company.

Noel Ahern (Dublin North West, Fianna Fail)
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They were asked to throw the book at everything, which is the reason the report was so critical. However, those who produced such a critical assessment have agreed that on foot of the changes that have been made, any concerns they had at that time no longer exist.

Tommy Broughan (Dublin North East, Labour)
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I hope the Minister of State is correct.

Fergus O'Dowd (Louth, Fine Gael)
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The Minister of State is waffling.