Bernard Allen (Cork North Central, Fine Gael)
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Question 13: To ask the Minister for Transport the cost to the Exchequer of the Dublin Port tunnel; and if he will make a statement on the matter. [32596/08]

Noel Dempsey (Meath West, Fianna Fail)
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As Minister for Transport, I have responsibility for overall policy and funding concerning the national roads programme element of Transport 21. The construction of the Dublin Port tunnel project was procured by Dublin City Council and funded through the NRA. I understand from the NRA that the estimated final outturn cost of the tunnel remains at €751 million.

The completion estimate for the Dublin Port tunnel is significantly higher than some earlier cost estimates frequently quoted. Many of the latter figures relate to earlier tunnel proposals, which are radically different from the tunnel as constructed. The tunnel was lengthened for environmental reasons, changed to double-bore to double capacity, and changed in design otherwise to reflect current safety requirements.

The twofold purpose of the port tunnel and the HGV management strategy, which goes with it, is to improve the flow of goods to and from Dublin Port and to remove heavy goods vehicles from the city streets. To date, the operation of both the tunnel and the strategy has made good progress in terms of both these objectives.

Fergus O'Dowd (Louth, Fine Gael)
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The key point about cost is the question of accountability for safety. The SCADA operating system has been deemed unsafe in the context of its design, architecture and every other part of it. Earlier, the Minister said he had sent a report to Brussels on the safety of the tunnel but he has refused to publish it. The report should be available and to that end the Minister should lay it before the House in the interests of transparency, openness and accountability. If the Minister is telling Europe that the tunnel is safe, he should lay the report before the House.

Noel Dempsey (Meath West, Fianna Fail)
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We have had to submit this report to the European Commission and the etiquette in that case is that it becomes a matter for the Commission as to whether it decides to publish it. I will check it out and if the situation is any different, I will revert to the Deputy concerning that matter.

Fergus O'Dowd (Louth, Fine Gael)
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As Minister for Transport, the document issued from his Department concerns a serious basic policy — the safety of the tunnel — yet he is not committed to publishing it for the Oireachtas. It does not make sense that it can go to Europe but cannot be read here.

Tommy Broughan (Dublin North East, Labour)
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Is the Minister denying reports that the final cost might be in the order of €1.25 billion? Can he provide us with any update? I understand that the NRA and Dublin City Council are in a legal action against Nishimatsu Mowlem Irishenco. What is the current state of play on that matter? What consequences could the outcome of that legal action have for the NRA, Dublin City Council and, above all, the Exchequer?

I wish to support my colleague, Deputy O'Dowd, concerning safety matters. It is time the Minister either published the report or got his Department to undertake a swift, independent report on safety issues, given the grave public concerns. Following the "Prime Time" programme, for example, people said they would not travel through the tunnel as they did not feel it was safe. The NRA's chief executive, Mr. Fred Barry, has reassured me that all the news on "Prime Time" was old news, but is it old news? Can we be absolutely certain that the tunnel is safe?

Noel Dempsey (Meath West, Fianna Fail)
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I am told by the NRA that it is, but I do not know how many times it must be said for people to accept it. The report was commissioned by Aegis, which is a subsidiary company of Transeur, the operator.

Tommy Broughan (Dublin North East, Labour)
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It is a subsidiary of the operator but it is not independent.

Noel Dempsey (Meath West, Fianna Fail)
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It highlighted deficiencies which were remedied but people do not want to accept the word of those who drew up the report. On the afternoon before the "Prime Time" programme was broadcast, it indicated that the tunnel was safe. There is not much more I can do to convince people.

As regards the cost of the tunnel, I am not saying anything other than that the estimated final outturn cost to the Exchequer is €751 million. As the Deputy will be aware, for many years there was a practice in this country whereby people put in tenders for particular projects, yet the minute their tender was accepted they appointed batteries of lawyers and quantity surveyors to see how much more money they could get from the taxpayer. I do not think this project was any different in that respect. There are processes in place but I will not be deciding the final outcome and neither will the Department nor the Government. It will presumably go through the legal or arbitration system and a final decision will be made. Suffice it to say that as far as the Department and the NRA are concerned, the costs should be €751 million and the NRA will contest anything over and above that.

James Reilly (Dublin North, Fine Gael)
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I thank the Minister for his endeavours to protect the taxpayer. I wish to comment on the question posed by my colleague, Deputy O'Dowd, about the report and the Minister's reply concerning etiquette. This matter goes far beyond etiquette. Over the past year we have had a number of situations where reports have been held back or delayed. Despite mounting public concern, there has been a reluctance to have independent inquiries into various events, although that is all that would satisfy the concerns. As regards this specific request, I fail to see why the Minister cannot make the report public.

Fergus O'Dowd (Louth, Fine Gael)
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Absolutely.

James Reilly (Dublin North, Fine Gael)
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I cannot understand how the Minister feels he can be doing his duty to the public who have a concern about using the tunnel.

Brendan Howlin (Wexford, Labour)
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A question, Deputy.

James Reilly (Dublin North, Fine Gael)
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The question is why will the Minister not publish it? The answer he has given to date, concerning etiquette, is not satisfactory. People need to see the report and I would like to know why the Minister will not release it.

Brendan Howlin (Wexford, Labour)
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That question has now been asked twice.

Noel Dempsey (Meath West, Fianna Fail)
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Yes. If there was anything in the report concerning the safety of the tunnel, the tunnel would be closed at this stage.

James Reilly (Dublin North, Fine Gael)
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Then why not release it?