Ivor Callely (Dublin North Central, Fianna Fail)

I thank my good friend and colleague, Senator Morrissey, for raising this issue. I take it the Senator is referring to Directive 96/53/EC relating to maximum weights and dimensions for vehicles in the European Union. The purpose of this directive is to support the Single Market in road haulage. It does so by requiring member states to accommodate and allow motor vehicles complying with the specifications for weights and dimensions set out in the directive to circulate throughout the territory of the European Union. A member state cannot prohibit the use in its own territory of such vehicles from another member state. While member states may introduce separate standards for domestic transport operations, such standards do not affect the right of international transport operations complying with the EU directive to operate.

The directive sets a limit value on vehicle height of 4 m. This means that a member state cannot reject or prohibit the use in its own territory, either by international or national traffic, of vehicles up to and including 4 m. in height. It may do so for vehicles of a greater height. I am aware of the debate on the height of so-called "supercubes" and ordinary heavy goods vehicle. If we make a recommendation in this area, the issues to be considered are the impact it will have on the Irish road haulage industry and, equally, how it would be enforced.

In October 2004, the Minister for Transport, Deputy Cullen, announced that the operational height of the Dublin Port tunnel would not be changed. Therefore, the Dublin Port tunnel will be completed as planned with an operational height of 4.65 m. My local newspaper Northside People received correspondence about me and the Dublin Port tunnel. I wish to take this opportunity to clarify to Members of the House and the newspaper's readers that the contractual arrangements are for the Dublin Port tunnel to be completed in December 2005. We estimate that the period of operational and safety tests will take approximately 12 to 16 weeks, after which we will be in a position to formally open the tunnel to traffic. The tests are to ensure that appropriate supports will be in place, whatever the volume of traffic in the tunnel at any given time. It would be remiss of me to change those dates because that is the contractual arrangement. If overruns occur I will seek to reduce them and try to have the tunnel opened as quickly as possible. The operational height of the tunnel, when complete, will be greater than the height limit applicable in most other EU member states and the height limit set in Directive 96/53/EC.

Dublin City Council and the NRA have made known to the Department their view that the Dublin Port tunnel will facilitate almost all of the heavy goods vehicles currently using Dublin Port. The Dublin Port Company and the National Institute of Transport and Logistics each carried out a vehicle height survey, both of which indicate that between 0.6% to 1.7 % of heavy goods vehicles entering and leaving the port exceed 4.65 m. I do not know when those surveys were carried out. I will ask my Department to inform Senator Morrissey on that if he so wishes.

I also researched this issue, simply by making direct contact with some of the main players in the Irish market. I understand that cab height does not count, the trailer height is taken into account and curtain trailers are referred to as "supercubes". Concern exists on the impact the directive may have on the haulage industry in terms of costs, competitiveness, job creation or losses, changing trends in haulage and whether one double-stacks the pallet or whether they must be carried singly. These issues must be taken into consideration.

Senator Morrissey raised the important point of weight. We must examine not only the impact of height but also that of weight. We received a number of views on the issue of safety, including from the Garda Síochána and Iarnród Éireann. One can understand their position but we must seek clarity on whether safety issues surround the height or weight of vehicles. The question of whether there should be a maximum vehicle height is a complex issue. A range of factors of national importance such as business competitiveness, rail safety, environmental and quality of life issues, protection of existing infrastructure, and the need for certainty in planning for future infrastructure investment must be taken into account in considering this matter. Those are only some of the factors involved and that is why it is a complex issue.

I have some knowledge of this issue, as Dublin Port is close to my constituency, as are the airport and one of the main arterial routes into the city. I also have many friends in business and I am familiar with the movement of goods and heavy goods vehicles. Shortly after arriving at the Department I announced that I would not make any decision on the re-introduction of a maximum vehicle height, which was 4.25 m., until the views of all interested parties had been considered. Last December, I published a consultation paper outlining the central issues relating to vehicle height and invited interested parties and the public to submit their views on the issues. A total of 46 submissions were received from corporate entities, representative groups and individuals. The responses to the public consultation process confirm the differing sectoral viewpoints held on the matter. Given the level of engagement with organisations and the public at large, the suggestion that no consultation took place is not correct. I have been in regular contact with the IRHA and the umbrella group——