Imelda Munster (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

33. To ask the Minister for Transport, Tourism and Sport his plans to address the issue of cars which have been written off in other jurisdictions being brought here, given the grave safety concerns for road users, especially with the lengthy delay in bringing forward legislation to deal with this matter; the measures he intends to take to deal with this problem; and if he will make a statement on the matter. [22794/16]

Imelda Munster (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

What measures does the Minister intend to take, including interim measures, to deal with the problem of cars which have been written off in other jurisdictions but are being brought into Ireland, given the grave safety concerns for road users, especially with the lengthy delay in bringing forward legislation to deal with the matter?

Shane Ross (Dublin Rathdown, Independent)
Link to this: Individually | In context | Oireachtas source

On a point of order, has the first question lapsed?

Eugene Murphy (Roscommon-Galway, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

No. If Deputy Troy comes in we will take the question. Is that agreed? Agreed.

Shane Ross (Dublin Rathdown, Independent)
Link to this: Individually | In context | Oireachtas source

The Road Safety Strategy 2013-20 includes a review of the existing legislation to control the re-introduction of written-off vehicles which are no longer suitable for use on public roads and to control the repair and re-use of vehicles written off for financial purposes. The Road Safety Authority, RSA, carried out a public consultation on the issue, following which draft provisions were developed for consideration. Due to the complexity of the issues involved, the Department, working together with the RSA, agreed that legislation could only be progressed following legal advice and careful examination of how robust and effective any measures would be. I am of the view that enabling legislation to provide for the regulation of written-off vehicles is an issue which requires action in the current Road Traffic Bill. This Bill has passed all Stages in the Seanad and is due to be introduced in the Dáil. The Deputy will be aware of the "Prime Time" programme which covered this issue in the past eight or nine weeks and which gave a fairly shocking exposure of what is going on in this area.

The Government agreed on 13 July with my proposal to legislate for the regulation of written-off vehicles by placing certain statutory obligations, accompanied by appropriate and proportionate sanctions, on both vehicle insurers and the importers of such vehicles. The statutory regime envisaged will build upon existing voluntary administrative arrangements in place between the Department and the insurance industry.

​It should be noted that there is already relevant legislation in place in both road traffic and consumer protection law dealing with such vehicles. It is currently an offence to drive a dangerously defective vehicle in a public place under road traffic legislation, while under the Consumer Protection Act 2007 car dealers are obliged to give full disclosure of the history of a second-hand vehicle to potential buyers. Also, under the Sale of Goods and Supply of Services Act 1980, a vehicle being sold should be free from any defect which would render it a danger to the public.

The prosecution of alleged offences under consumer protection legislation relating to the sale of second-hand vehicles is a matter for the Competition and Consumer Protection Commission, which is under the remit of the Department of Jobs, Enterprise and Innovation.

Imelda Munster (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

It was reported last week that 794 write-offs from Britain, a vast number, were imported into the State in June of this year alone. That equates to 10.7% of all cars imported, or 30 cars a day. It has increase from a figure of 530 in the same month in 2015.

The Road Traffic Bill 2014 intended to address that matter; however, the part of the Bill pertaining to write-offs was removed. The Minister stated that legal matters of concern had arisen, but when discussing the 2014 Bill the Minister's predecessor said that 40% of write-offs each year make their way back into service. I am sure the Minister will accept that this is a serious road safety issue. The term "write-off" refers to cars involved in crashes that are so seriously damaged that they either need major repairs done for them to be classed as roadworthy or should never appear back on the road. The Minister recognises that the legislation is badly needed, and I understand legal advice on this issue is pending, but what measures will he put in place in the interim? How long will it be before the Road Traffic Bill is brought back to the House? The Minister said-----

Eugene Murphy (Roscommon-Galway, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Thank you, Deputy. You will have an opportunity to come back in.

Shane Ross (Dublin Rathdown, Independent)
Link to this: Individually | In context | Oireachtas source

I thank the Deputy. She will see from my reply that I share her sense of urgency. This matter was not covered by the Road Traffic Bill when it was dealt with in the Seanad originally. The drafting and legal problems to which I referred and the complexities that were discovered in the solution pertaining to the Road Safety Authority were immediately addressed. The amendments are being drafted and they will be in the legislation when it comes before this House for Committee Stage very early in the autumn. It just missed the cut this time, partly because we wanted to put these two new amendments into the legislation.

The Deputy can expect this problem to be addressed with a sense of urgency very early in the next session, I hope, when we come back from the recess. We acknowledge that problem, and for much too long it has not been attacked, but I think the Deputy will find it is being addressed urgently now. The issues involved are complex but the Road Traffic Bill will contain penalties and sanctions and will put on a statutory basis something that has been voluntary to insurers in the past.

Imelda Munster (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I know the Minister was hoping to have the Bill brought back to this House this week before the summer recess, but does he have any plans in the interim? There are thousands of these cars on the road. We are going into the summer season and there is no regulation or even a register for write-offs. Does the Minister have plans in the interim period to address that? Was there consultation of any sort or do we await the Bill? The Minister said he hoped the Bill would come before the House in the early autumn but, given the length of time we have been waiting, is he imposing a sense of urgency on the Bill? Is he pressing for it to be brought back to the House at the earliest possible opportunity? If not, we run the risk of deaths or serious accidents on our roads because of the increase in the volume of write-offs being imported into the State.

Shane Ross (Dublin Rathdown, Independent)
Link to this: Individually | In context | Oireachtas source

I ask the Deputy to accept my bona fides in this matter. The moment I discovered the urgency of this problem, which was due to what I saw on "Prime Time", I addressed it. I asked my Department to have legislation drafted and to hurry it up. That was done. It was not going to be ready at any stage by the end of July but it will be slotted into a Bill that is ready to come to the House in a short timeframe. That shows a sense of urgency for something that has been wallowing in the rafters for many years. With the agreement and the enthusiasm of the Government, I will insist that this Bill come before the House at an early stage after the recess.

Eugene Murphy (Roscommon-Galway, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

We will go back now to Deputy Troy's question, No. 32, as agreed in the House. I know the Deputy was held up on other business.