Colm Brophy (Dublin South West, Fine Gael)

I thank the Senator for raising this matter. I welcome the opportunity to discuss the topic to which it relates on behalf of the Minister for Transport. I also very much welcome the opportunity to do so because the Senator and I live in the same constituency. I know exactly the condition of the roads mentioned and very much agree with the points made her.

Road opening licences are issued by local authorities to licenceholders and, in a very limited number of cases, are issued by Transport Infrastructure Ireland. These licences are governed by the guidelines for managing openings in public roads, which were published by the Department in 2017. The guidelines set out the licensing process which must be followed by all applicants for the opening, backfilling and reinstatement of public roads. General or minor routine works of lower impact are governed by what is known as a T3 licence. The duration of site works of this nature is typically limited to about five days over a period of 60 days. Larger works are governed by what is known as a T2 licence. These works can take up to 30 days over a period of 180 days. Impactful works such as the construction of new infrastructure require advance notification and may have licence validity periods of up to one year. Periods for road works may be extended in particular circumstances. In emergency situations road works which are governed by what is known as a T4 licence are allowed to commence but the licenceholder must inform the licensing authority by 12 noon on the day following the commencement of works. This licence validity is for only 48 hours.

In response to the points raised by the Senator, following the completion of works, a licenceholder is required to ensure that the road opening is reinstated to a proper standard. The licenceholder must also submit what is known as a T5 notification to the relevant local authority within 90 days of the completion of the licensed works.

Separately, the Framework for future delivery of water services, which was published in June 2022, sets out the agreed process towards moving all public water services from the control of local authorities to Uisce Éireann and how this will be managed over the period from June 2022 to December 2026. As part of this, Uisce Éireann and local authorities are working to enable the transition to a fully licensed approach for road works operation. Uisce Éireann will also address issues in respect of the outstanding permanent reinstatement in respect of water services.

In addition, a licenceholder is required to guarantee the reinstatement for a specific period of either 24 months or 36 months. During that period any defects must be rectified by the licenceholder. Inspections are a key element of the licensing process to support quality and compliance. A licenceholder is required to certify their completed work and the authority may inspect it. In 2024, licenceholders submitted over 45,000 notifications of completion of work, including certifying that the reinstatement was completed in accordance with the guidelines. If any remedial works are required during the guaranteed period, they will be carried out by the licenceholder. Local authorities inspected over 17,000 licences during 2024, with licenceholders following up on remedial works where necessary.

These are the appropriate standards and timeframes which are set out in the guidelines and with which licenceholders and the utility companies must comply in respect of opening, backfilling and permanently reinstating road openings. I trust what I have said addresses the Senator's queries, although I know from our mutual experience that there are many local residents who would say that it does not reflect their day-to-day experience.