Kathryn Reilly (Sinn Fein)
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I welcome the Minister of State and thank him for taking this matter on behalf of the Minister for Transport, Tourism and Sport. I am seeking to obtain an update on the investigation into fraud at National Car Test, NCT, centres and to discover what the Department has done to ensure that no car passes the NCT fraudulently. In recent days I was approached by a concerned individual who bought a car only last week which had passed its NCT one or two weeks prior to that. When he brought the car home, he took it to his local mechanic who telephoned him a couple of days later and stated that there was no way it could have passed the NCT because several major parts needed to be replaced. How could a car pass the NCT when that is the case?

It is obvious that an endemic problem remains in respect of car testing. The individuals at NCT centres who are culpable in the context of passing cars which should not be passed are causing real danger by allowing potentially defective vehicles back onto our roads. People are driving their families on roads on which they may encounter unsafe cars. We see road safety advertisements every day about dangerous driving and showing us the human tragedies of car accidents. What about dangerous cars? This is an important issue. Why must we wait for a "Prime Time Investigates" special? What happens when the sensationalism and the spotlight dies down after the "Prime Time Investigates" programme? It seems that the heat dies down but the fraud goes on. What is happening to ensure our national car testing service is being properly delivered? What monitoring takes place to ensure our cars are being properly tested so that people are not hoodwinked? What happens to cars that have been passed fraudulently? Two months since the "Prime Time Investigates" programme was broadcast, this fraud is still going on. I know this from the concerned person who came to me. On the "Prime Time Investigates" programme, the person interviewed highlighted the point that fraud was going on not just in the centres identified in the programme but nationwide.

Are Applus+ Car Testing Service Limited, the company that runs the national car testing service, and the Minister for Transport, Tourism and Sport reliant on programmes like "Prime Time Investigates" and people coming forward or are they trying to get to the core of these issues? Is it an active or passive investigation? I do not want to be dependent on waiting for someone to come forward. A person may be fearful for his or her job and the ramifications of coming forward. At the time of the programme, Applus+ Car Testing Service Limited said it would vigorously investigate the allegations of fraud at its centres and that it had reported the matter to the Garda Síochána. Applus+ Car Testing Service Limited asked the State broadcaster to provide details of the allegations. In a statement released at the time, Applus+ Car Testing Service Limited said the NCT is operated to the highest international standards and takes the issue of vehicle safety and fraud very seriously. The company is supposed to be reviewing the tests to determine whether unroadworthy cars were passed. If cars were passing this test up to two weeks ago when they should not have been, what is going wrong?

There are wide-ranging and detailed concerns about the national car test and anecdotal evidence about the lack of consistency across the NCT centres. This leads to people questioning the validity of NCT centres. It will not help us to promote road safety. We need the public to believe in the quality of the work done by the NCT. Until this issue is resolved, that cannot happen. I ask the Minister of State to address these concerns.

Shane McEntee (Meath East, Fine Gael)
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I will take this debate on behalf of my colleague the Minister for Transport, Tourism and Sport, Deputy Varadkar. I know where Senator Reilly is coming from as I was involved in road safety for five years in the Dáil. Everyone worked hard to get us from having the worst record in Europe to being at the top. The quality of our cars was a major issue. Setting up the NCT caused us much pain but when one had the NCT test, one felt one had a roadworthy car. Everyone was shocked at the "Prime Time Investigates" programme but this is under the eye of the Road Safety Authority, headed by Noel Brett. Gay Byrne has done a fantastic job in getting us to where we are. The Senator may be happy with the progress outlined in the reply. I propose the Senator keeps on the pressure because that is what politics is about. He or she who shouts loudest gets results. That is how it works.

I thank Senator Reilly for raising this issue and for giving me the opportunity to update this House on recent developments on the NCT. The NCT is an important preventative road safety measure and ensures that cars, particularly older cars, are in a roadworthy condition. It is important to remember that, under road traffic legislation, it is the responsibility of vehicle owners to ensure that their vehicles are in compliance with the law and are roadworthy at all times. Under the Road Safety Authority Act 2006, the Road Safety Authority has responsibility for the delivery of the NCT. Since the start of 2010, operation of the day-to-day testing function rests with a company called Applus+, with which the RSA signed a contract following a detailed procurement process. This contract requires the contractor to meet a number of specific performance standards in a wide range of operational areas including customer waiting times, customer satisfaction and test integrity. It also sets out the penalties that can be imposed in the event that the contractor fails to meet the performance requirements set down.

On a recent RTE 1 "Prime Time Investigates" television programme, allegations of fraud and corruption were made regarding the NCT and specifically the roadworthiness testing of vehicles being used as taxis. In a follow-up programme, further allegations were made in regard to shortened test times and faulty equipment. The RSA participated in both programmes and in all subsequent media interviews and broadcasts on these matters. The Minister for Transport, Tourism and Sport and his departmental officials have discussed the issues raised by the programmes with the RSA, which takes very seriously the allegations of misconduct relating to any aspect of the NCT service. It is engaging with Applus+ on an ongoing basis on the investigation of the allegations made and the enhancement of systems and procedures for fraud prevention and detection. The RSA is also in discussions with PricewaterhouseCoopers and AA Ireland, who audit and supervise the NCT service on their behalf. Following the "Prime Time Investigates" programmes, the NCT contractor Applus+ undertook an internal investigation and the outcome was that seven vehicle inspectors identified as a result of the programme were suspended. Three have since been dismissed.

In parallel with the action taken by Applus+, a Garda investigation is currently under way and Applus+ is providing all the information and assistance required during this investigative process. In addition to these actions, Applus+ is also implementing a number of measures to address the issues raised by the "Prime Time Investigates" programme. While details of many of these measures must necessarily remain confidential, they include preventative measures and fraud detection measures based on following up on specific risk areas identified. Some of the more public measures that have already been put in place include a confidential hotline and email address, a signed declaration for all vehicles booked at test centres, including trade and taxis, identifying the presenter of the vehicle and recording the driver number and the garage represented, if applicable, posters in centres advising all customers that no valuables should be left in the car and measures to increase awareness that the presenter must produce a driving licence.

Under its contract with the RSA, Applus+ was already engaged in the process of fitting cameras on every test lane and these are expected to be in place by the end of this month. The second "Prime Time Investigates" programme alleged that test times had reduced dramatically due to the introduction of the productivity incentive scheme for NCT vehicle inspectors and that faulty equipment was being used to test emissions. These issues were fully investigated at that time and were found to have had no foundation. Results for 2010 and 2009 show little difference in pass rates. In 2009 the pass rate for full tests was 51.5% and for 2010 was 51.8%. The average test time has changed from 20 minutes in 2009 to approximately 19 minutes in 2010 as the productivity changes have taken place. The proportion of tests conducted in 15 minutes or less remains unchanged since 2009. Shorter test times are typically for younger, cleaner vehicles and in centres that have clerical or administrative support staff. Abnormally short test times are monitored continually by the RSA and the supervision services contractor.

Regarding allegations of faulty equipment, Applus+, as part of a comprehensive re-equipment programme planned under its contract with the RSA, proposed to deploy new gas analysers. Following in-depth testing by the company the equipment proved unreliable in Irish conditions and the company decided to use an updated version of the analyser provided by the previous supplier, which is currently being deployed without a problem. While responsibility for the deployment of equipment rests with Applus+ throughout the testing and deployment period, the RSA was kept informed of progress in this matter. The RSA has informed the Minister that it is confident that the appropriate steps were taken by the company in testing the equipment and deciding not to put it into production so that the quality of emission testing was not compromised. The RSA has also assured the Minister that it monitors the performance of the contract continuously and has frequent meetings with the contractor to discuss performance and any issues arising.

In view of the seriousness of the allegations made by the "Prime Time Investigates" programme, the Minister is glad to say that the RSA has acted swiftly and proactively and will leave no stone unturned in rooting out fraud. Deliberate fraud by professionals is notoriously difficult to detect as has been demonstrated in other areas. Notwithstanding this, the RSA has assured the Minister that it will continue to take every possible action to tackle these issues head on. I thank the Senator for raising this issue and I hope I have addressed her concerns.

Denis O'Donovan (Fianna Fail)
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Has Senator Reilly a supplementary question?

Kathryn Reilly (Sinn Fein)
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I have two brief comments. First, in regard to the RSA and the discussions with PricewaterhouseCooper and the AA who audit and supervise the NCT service, I would be interested to find out further information on how they perform that audit and how they look for fraud. I read that they use the same car, bringing it to all the centres to ensure the service is uniform. My fear is that if officials who engage in fraudulent behaviour twig that this is the car in question they can advise another person in another centre to watch out for it and to be careful.

As to the confidential hotline and e-mail address, last week there was a Private Members' debate in the Seanad on whistleblower legislation. I would be very conscious that the trade of mechanic is a very hard one at present because of the recession. People are very afraid for their jobs and the accompanying ramifications. Nobody wants to be the person who comes forward. Are people covered if they do so? I realise the process is confidential and may be anonymous but nonetheless if a person in a test centre makes allegations against his or her colleagues it might be easy to identify him or her as having ratted on them. I hate that term but that is what will be said to the person. Is the protection in place?

Shane McEntee (Meath East, Fine Gael)
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The NCT was set up to progress road safety. There is no question about that purpose because of the number of faulty cars. I can only put my hand on my heart and state that the Road Safety Authority under Mr. Noel Brett will do nothing wrong. I have not spoken to him since the programme which was a major shock to everybody. We know that 99.9% of our mechanics are the best one could get but, as in any game, there will always be one person who takes a short cut. Anybody who knows anything should come straight out with it and not be afraid, as should the Senator if any matter is brought to her attention. No mechanic in his right mind would allow a faulty car to go out, risking not only the life of its driver but that of any other person.

If the Senator has information, I ask her to supply it to me and I will make sure that my Department returns to her on any questions arising.