Ann Phelan (Carlow-Kilkenny, Labour)
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I thank the Ceann Comhairle for affording me the opportunity to speak in the House today on this important topic.

Road safety has been a serious issue in this country for some time with many losing their lives or becoming badly injured on the nation's roads. While the situation has somewhat eased in the past number of years, it is still unacceptable that so many are killed or injured on the roads every year. There are many reasons for this and now is not the time to delve into that discussion.

I bring the attention of the House to one aspect of road safety that simply must be further legislated for. According to a recent report by the Transport Research Laboratory, there are concerns over the quality of windscreen replacements in this country. In all the replacements that have taken place in the past year, 35% of them were found to have a safety or quality issue and 14% were found to have serious signs of safety issues. While I do not want to over-dramatise the position here today, it is important.

The windscreen of a car now accounts for up to 30% of its structural integrity and it prevents the roof from collapsing if the car rolls over. Also, once the airbag has been activated, it relies on the support from the windscreen in order to make it work properly. A windscreen that is fitted properly is, therefore, crucial to the overall safety of the occupants of the car and an incorrectly fitted one could significantly increase the potential for serious injury or worse in the event of an accident.

In addition, windscreens are becoming increasingly complex as car manufacturers have over the years added electronics to their construction, as well as tinting and curving them more than ever before. The industry is producing ever more complex windscreens and we must be able to trust the appropriate company to replace them properly.

However, little or no regulation exists in this area, one which is crucial to road safety. I might add that this is not peculiar to Ireland. It also is the case in other countries.

It has been highlight at the Joint Committee on Transport and Communications, of which I am a member, that there is another worry associated with this industry, that is, the practice of steering.

Many insurance companies now offer policies that give free windscreen replacement to those who take out motor insurance with them. As policyholders with certain insurance companies, we are steered towards a particular windscreen company for a replacement. In order for a windscreen company to get that business, standards are often cut and shortcuts taken. These insurance companies are trying to keep their costs down and so in order to get one of the lucrative contracts windscreen-replacement companies can be tempted to cut their costs by using inferior materials and shoddy work practices, leading in turn to a poor quality service.

Consumers are entitled to have any component replaced or repaired so that the vehicle is as good as it was before an accident. This is not helped by the lack of proper regulation governing this industry. Most people are unaware of the lack of standards in the industry, and may be driving a vehicle with a windscreen that is defective and may render the airbag useless.

I look forward to the Minister of State's reply. I do not wish to overdramatise the situation but it is important. I had my windscreen replaced approximately four weeks ago and I was completely unaware that one should go to a reputable company. I did not realise the windscreen was so important to the overall safety of the car.

Alan Kelly (Tipperary North, Labour)
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I thank Deputy Ann Phelan for raising this important issue. I know it is of concern to her as she has spoken to me about it privately.

The poor fitting of replacement vehicle windscreens is currently a consumer affairs matter relating to the delivery of a service, for which the Minister for Transport, Tourism and Sport has no functional responsibility. However, if there are apparent flaws in the manner in which replacement windscreens are fitted, I believe the issue would best be addressed by agreement among all interested parties to improved training standards for windscreen replacement and by adopting an industry-wide operational code of practice, which I believe the Deputy would welcome. Such agreement would necessitate a combined collaborative approach between the windscreen-replacement industry, vehicle manufactures and insurers within the Irish market in coming together to agree standards and the sanctioning of the installation of replacement vehicle windscreens by reputable well-trained windscreen replacement technicians only.

With regard to legislative provisions relating to the service and-or repair of a vehicle, I am advised that at present there is no specific legislation governing windscreen repair and fitting companies, individuals or indeed the standard of workmanship for fitting or repair of windscreens. However, there are regulations regarding the quality and fitness for purpose of a vehicle and of a vehicle component, and the standard of a service provided or performed in respect of a vehicle or of a vehicle component. For example, the Sale of Goods Act 1893, as amended, provides that a good, which would include a windscreen, sold in the course of business must be of merchantable quality and must be reasonably fit for the purpose for which it was intended and that a service, including a service or the repair of a vehicle, is subject to four requirements. These include that the supplier has the necessary skill to render the service; the person supplying the service will do so with due skill, care and diligence; where materials are used, they will be sound and reasonably fit for the purpose for which they are required; and where goods are supplied under the contract, they will be of merchantable quality.

The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, SI 190 of 1963, as amended, requires windscreens to be made from a suitable material that is clear, stable and will not splinter if fractured and that is either safety or laminated glass. Additionally, the European Communities (Road Vehicles: Entry into Service) Regulations 2009 require replacement windscreens for European approved vehicles to be of the same standard and specification as the original windscreen fitted when the vehicle was manufactured. Compliance with this legislation is checked at the vehicle's periodic roadworthiness test when the windscreen is inspected to ensure that it is labelled with specific safety and approval markings. The windscreen is also visually checked to ensure that it is not damaged and is secure.

Poor quality fitting of replacement windscreens, as highlighted by the Transport Research Laboratory's report, which had been commissioned by Autoglass, was brought to the attention of the RSA which has responsibility for vehicle standards policy. After reviewing the report the RSA agreed that a correctly bonded windscreen plays an important role in the strength of a car in the event of a collision. Correctly fitted and bonded windscreens may also play a role in the correct deployment of passenger side airbags.

I understand that after reviewing the report the RSA engaged with the Garda national traffic bureau which advised it was not aware of any instances of ill-fitting windscreens being responsible for fatal or serious injury caused to any person in any collision. The RSA also engaged with the Irish Insurance Federation which forwarded the report to motor damage claims specialists in a number of its member companies for comment. The IIF indicated that should Autoglass conduct further research disclosing safety and standards issues, it would be happy to work through the IIF and others to address them.

The RSA concluded from the information contained in the TRL report that it appears that not all windscreen replacers are following the correct procedures and workmanship when fitting windscreens resulting in possible safety implications and value-for-money considerations for vehicle owners. RSA engineers reviewed the fitting process of a replacement windscreen and agree that in order to ensure a good bond is achieved between the windscreen and the vehicle a prescribed series of steps must be followed utilising manufacturers recommended adhesives and curing times. As with many other vehicle repairs, a certain level of training, competence and quality assurance is required to ensure that individuals carrying out such work do it correctly to an appropriate standard and to manufacturers' specifications.

In order to improve the standard of workmanship in the windscreen replacement industry it is suggested that the industry engages with insurance companies, the Society of the Irish Motor Industry and vehicle manufacturers to agree on standards, training, quality control and codes of practice that should be used when repairing or replacing windscreens. This approach of upskilling and training of windscreen fitters, combined with agreement from the insurance companies that only suitably trained individuals can carry out work on their behalf, will drive improvements in the standard of workmanship in this important area of vehicle safety.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Go raibh maith agat.

Alan Kelly (Tipperary North, Labour)
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Both the Department and the RSA would welcome such developments and in general support any efforts that will improve the standard of the national fleet including upskilling and training of those involved in the maintenance and repair of vehicles in the national fleet. In the meantime, in the absence of such industry-wide agreement on this issue, it is each vehicle owner's responsibility to ensure that his or her vehicle is in compliance with the law and maintained in a roadworthy condition at all times.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am afraid we are over time.

Alan Kelly (Tipperary North, Labour)
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Road traffic law places the onus on users of vehicles on public roads to ensure that their vehicles comply with the law and are safe. I thank the Deputy for raising a really important issue which the Department and the RSA will take quite seriously.

Ann Phelan (Carlow-Kilkenny, Labour)
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I thank the Minister of State for his comprehensive reply. I ask him to put pressure on the motor insurance companies which also have a role to play in the matter. Providing windscreen repair and replacement companies with accreditation to a technical standard would have the effect of encouraging quality and safety in the market and would provide a mechanism that could be used to drive the necessary improvements.

Sometimes when in doubt one throws something into the area of education. The national car test might have a role to play in the matter. I believe a pressure test could be developed to prove if the windscreen has been fitted properly. I take on board everything the Minister of State has said and I look forward to developments in the matter.

Alan Kelly (Tipperary North, Labour)
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I again thank the Deputy for raising the issue which gives food for thought. We are investigating whether a code of practice can be encouraged. The Deputy's comments on the NCT are ones we will be pursuing through the Department to see if there is a requirement to revisit the standards and if something needs to be addressed. The issue raised was worthy of discussion, and I thank the Deputy for doing so.