Kathleen Lynch (Cork North Central, Labour)
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Question 102: To ask the Minister for Transport if he will take an active role in ensuring that the 15 recommendations made by the Railway Accident Investigation Unit in the report on the Malahide viaduct collapse on the Dublin to Belfast rail line are implemented without delay; if he will make a report to Dáil Eireann on their implementation in the interests of public safety; and if he will make a statement on the matter. [35051/10]

Tom Hayes (Tipperary South, Fine Gael)
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Question 111: To ask the Minister for Transport if he will consider extending the remit of Railway Safety Commission to ensure the enforcement of recommendations made to Iarnród Éireann by independent bodies; and if he will make a statement on the matter. [35135/10]

Joe Costello (Dublin Central, Labour)
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Question 120: To ask the Minister for Transport if he has studied the report compiled by the Railway Accident Investigation Unit on the collapse of the Malahide viaduct, County Dublin in August 2009; the steps he proposes to take in relation to the findings of negligence against Iarnóid Éireann in implementing safety standards and the equally serious findings against the Railway Safety Commission in enforcing those safety standards; and if he will make a statement on the matter. [35042/10]

Kathleen Lynch (Cork North Central, Labour)
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Question 133: To ask the Minister for Transport if he will direct Iarnróid Éireann to examine the hundreds of railway underbridges and viaducts over an agreed period of time to reassure the public that these old railway structures are safe for use in the modern day; and if he will make a statement on the matter. [35052/10]

Noel Dempsey (Meath West, Fianna Fail)
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I propose to take Questions Nos. 102, 111, 120 and 133 together.

The Railway Safety Commission is the independent statutory body charged with responsibility for ensuring implementation of recommendations made to Iarnród Éireann by the Rail Accident Investigation Unit, which is the independent body responsible for accident investigations. On its publication on 16 August last, I acknowledged that the report of the Rail Accident Investigation Unit into the Malahide viaduct collapse in August 2009 was an important report into a very serious event. Thankfully, due to the speedy actions of the train driver on that day and the effective operation of all post-accident procedures, there were no fatalities or injuries to any members of the public or staff. However, I recognise that the report gives a detailed and worrying account of the inadequate maintenance and inspection regime in Iarnród Éireann of recent years which failed to safeguard the viaduct structure from the impact of scour and erosion in Broadmeadow Estuary.

I wrote to the chairman of Córas Iompair Éireann on 17 August last emphasising the importance of implementing in full the recommendations made to Iarnród Éireann by the Rail Accident Investigation Unit and the Railway Safety Commission in its compliance audit. I referred to the importance of regular progress updates to be provided by Iarnród Éireann as part of the monitoring of the railway safety investment programme funded by my Department. In addition, I asked the chairman to provide an early update on the progress of the implementation of the Rail Accident Investigation Unit and Railway Safety Commission recommendations.

Since the issue of the Rail Accident Investigation Unit report on 16 August 2010, I understand from the Railway Safety Commission that eight of the recommendations have been completely implemented and seven are at various stages of implementation. As indicated in the Rail Accident Investigation Unit report itself and from updates received from Iarnród Éireann, significant changes have now taken place to meet the shortcomings identified and to ensure there is no repetition of this incident. Iarnród Éireann has identified and conducted detailed surveys on 105 bridges that are particularly susceptible to scour because they traverse water and has not found any scour-related risks with any of these bridge structures. There has also been a substantial reorganisation of the Iarnród Éireann civil engineering department, including the appointment of a new chief civil engineer and a technical manager for civil engineering.

Under section 35 of the Railway Safety Act 2005, the purpose of the investigation into the collapse of the Malahide viaduct was to improve railway safety by establishing, in so far as possible, the cause or causes of the incident with a view to making recommendations for the avoidance of such incidents in the future. The Act provides that an investigation report recommendation shall in no case create a presumption of blame or liability for a railway incident. As the independent regulator, the Railway Safety Commission has the power to bring sanctions under the Railway Safety Act 2005. I understand that, based on the evidence in the Rail Accident Investigation Unit report, the Railway Safety Commission is considering what sanctions, if any, are appropriate or possible under legislation.

Joe Costello (Dublin Central, Labour)
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I thank the Minister for that comprehensive reply. It is a miracle nobody was killed. If the 300 people on the train had all ended up in the estuary, it would have been an absolute tragedy.

The report of the Railway Accident Investigation Unit made 15 recommendations, 14 of them directed at Iarnród Éireann and one - or perhaps one and a half due to an overlap - directed at the Railway Safety Commission. The recommendations demonstrated the most gross negligence on the part of Iarnród Éireann in terms of its maintenance, standards and practices. As recently as three days before the near tragedy, it had carried out an examination of the bridge and could not detect the scouring that had taken place and which was to bring about the failure.

Eight of the findings have been implemented. Why have the other seven not been implemented? Since the findings were of gross negligence in regard to both Iarnród Éireann and the Railway Safety Commission itself, which had a duty of enforcement and supervision which it did not fulfil but simply took the word of Iarnród Éireann, is the Minister considering taking this on board himself? It is not just a matter for the Railway Safety Commission to consider whether there will be prosecutions because there may well be prosecutions in regard to the Railway Safety Commission itself, as well as in regard to Iarnród Éireann. Will the Minister consider the matter in that context?

Brendan Howlin (Wexford, Labour)
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We cannot speculate in regard to prosecutions.

Noel Dempsey (Meath West, Fianna Fail)
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I do not want to say anything that might prejudice any action the Railway Safety Commission might take, and I hope the Deputy will respect that. I agree with him it was a miracle nobody was killed or seriously injured. I also agree that we should not depend on miracles to prevent accidents such as this happening or to prevent fatalities. Although I do not want to prejudice anything that might happen, I agree the reports certainly point to a whole range of different issues, such as knowledge management and the type of inspections, including structural inspections, that were carried out. There were shortcomings in those areas and it is a miracle nobody was killed.

It is important that we allow the Railway Safety Commission to complete its work. With regard to the comment on the Railway Safety Commission, which concerns an issue that has been rectified, it was more its fault that it accepted what it was being told rather than double checking it. That is certainly something that will not happen again. From everybody's point of view, the best course is to wait until the Railway Safety Commission decides what it will do in regard to this matter under the statutory powers it has, because it is the body with the statutory powers in this area. When that work is done, as Minister for Transport, I will consider the wider issues in regard to whether we can strengthen the oversight role both of the Railway Safety Commission and the Department.

Simon Coveney (Cork South Central, Fine Gael)
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The Rail Accident Investigation Unit did a very good job in its report in exposing a litany of examples of gross incompetence, mismanagement and negligence by Iarnród Éireann, or Irish Rail, that very nearly resulted in a tragedy that would not have been forgotten for many years.

Is the Minister satisfied that the Railway Safety Commission, RSC, is adequately resourced? I am not, having met its representatives at a committee meeting last week. Is he satisfied that the RSC has sufficient teeth so as that it need not rely on the word of Iarnród Éireann alone - with the benefit of hindsight, doing so has not been advisable - and can undertake the kinds of investigation necessary to test regularly the quality of safety assurance on our rail network? Is his Department in discussions with the RSC to ensure we have a more robust regulatory mechanism, one that is independent of Iarnród Éireann and can undertake random and regular testing of the rail infrastructure, be it rolling or fixed, and allow the public to have more confidence in the rail network?

Noel Dempsey (Meath West, Fianna Fail)
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Regarding the Deputy's general question on the commission, the teeth given to it by the legislation are based on the EU's railway safety directive. We closely follow the systems and procedures mandated at EU level and implemented throughout the EU. The Department of Transport meets the RSC formally once every six months to review corporate governance issues and other matters that arise from the latter's work. However, this must be done without prejudice to the RSC's independence.

Simon Coveney (Cork South Central, Fine Gael)
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Has it asked for more resources?

Noel Dempsey (Meath West, Fianna Fail)
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I am not aware of any State body, Department or organisation in the public sector that is not looking for more resources. They would all like to get more resources and I would like more resources for my Department. Nevertheless, investment in rail safety amounted to €1.172 billion between 1999 and 2008. A further investment programme provides for a total expenditure of €513 million between 2009 and 2013. From the point of view of the Department and the Government, it is disappointing to say the least that, given such investment, something like this could occur. I want the RSC to-----

Brendan Howlin (Wexford, Labour)
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We will take a final supplementary question from Deputy Costello.

Joe Costello (Dublin Central, Labour)
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We need to reassure commuters across the country that rail lines are safe. Much of the work was built in the century before last. There are hundreds of viaducts and nearly 2,000 underbridges and so on. Why can we not have all of the recommendations? Only seven of them have been taken care of so far. When will the rest be implemented to reassure all commuters that travelling by rail is safe and that the standards that are supposed to be in place have been implemented?

When will the EU railway safety directive be up and running? The standards are stricter, but the RSC will be in charge of its implementation and I am afraid that the investigation of the Malahide viaduct collapse showed the RSC was not up to the job.

Brendan Howlin (Wexford, Labour)
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We will have a final brief reply.

Joe Costello (Dublin Central, Labour)
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What changes does the Minister propose to make to the RSC?

Brendan Howlin (Wexford, Labour)
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The Deputy has asked a question.

Noel Dempsey (Meath West, Fianna Fail)
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The RSC has confirmed that it has responded fully to the report and to the recommendation that affected it directly. The commission will ensure it will not find itself in the same position again.

Joe Costello (Dublin Central, Labour)
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It will not make the same mistakes.

Noel Dempsey (Meath West, Fianna Fail)
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With more than €1 billion invested in the past ten years, it would be unfair of the House to send the message that we are still operating on railways that are more than a century old. There are places where the railways are more than 100 years old but substantial parts-----

Joe Costello (Dublin Central, Labour)
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Viaducts and underbridges.

Noel Dempsey (Meath West, Fianna Fail)
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-----of the railways, including all of the viaducts and bridges to which the Deputy referred, have been inspected and cleared since the incident in question.

Recommendations Nos. 1 to 3 have been implemented in full. Recommendations Nos. 4 to 6 are taking longer to progress because of training matters and so on. Recommendations Nos. 8 and 9 have been implemented in full, but recommendation No. 7 is being progressed. Recommendation No. 10 is being complied with in full, as is No. 11. Recommendation No. 13 has been implemented in full, but recommendation No. 12 is being progressed. Under recommendation No. 14, the RSC is to review the process for the closing of recommendations made to Iarnród Éireann by independent bodies. This recommendation has been implemented in full and recommendation No. 15 is being progressed.