Maria Byrne (Fine Gael)
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The Minister of State, Deputy Brophy, is very welcome. We move to Senator Teresa Costello.

Teresa Costello (Fianna Fail)
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I thank the Minister of State for attending. What prompted my raising this matter is something that many of us have likely experienced, namely seriously poor road services. To be clear, I am not talking about general wear and tear or the occasional pothole; I am referring specifically to roads and footpaths that have been dug up by utility companies to carry out necessary works, which is understandable, but that are then left in a patchy, uneven and basically unacceptable state. From what I understand, when a utility company opens up a road or a footpath, it is required to reinstate it; initially with a temporary surface and then, after a settling-in period, works to ensure a complete and permanent reinstatement must be carried out. I understand that timeframe in this regard is approximately six months, but I would welcome some clarification on the exact obligation involved. Just last week, I drove from Tallaght village to my mother's house. It is a really short trip that takes barely two minutes when traffic is light. For a brief moment, I honestly felt like I was riding a horse, not driving a car, because the road was so bumpy. I counted no fewer than 18 poorly reinstated sections along the short stretch of road in question. It is not an isolated case. On my way to work this morning I passed another patch of road that has been in poor condition for a considerable period.

All of this makes it hard not to question whether the utility companies will return to complete the permanent works required or if their standards are far below what is acceptable. What official agreements are in place for road and footpath reinstatement after works carried out by utility companies? Are there specific standards that must be adhered to and, crucially, who is responsible for enforcing these? This issue deserves proper scrutiny, so I propose that an audit be carried out in respect of the reinstatement works done by utility companies. Being parochial, this audit should begin with Tallaght. It is time we took a closer look at the standard of works and issued instructions, where necessary, to correct substandard reinstatements.

Colm Brophy (Dublin South West, Fine Gael)
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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.

Teresa Costello (Fianna Fail)
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I thank the Minister of State. I will continue to wear a helmet as I drive my car around the area. All joking aside, I do not feel that reinstatement is happening to acceptable standards. We are putting in very nice roads, which are like a patchwork quilt. I will follow up on this with the Minister, Deputy O'Brien, and chase up the utility companies and local authorities about certain areas. From what I can see, even from my journey to work today, reinstatement is substandard and not acceptable.

Colm Brophy (Dublin South West, Fine Gael)
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Again, I reassure the Senator that the appropriate standards and timeframes for opening up are in place. I fully take on board the Senator’s comments and will also pass on to the Minister, Deputy O'Brien, her remarks on the experience so many people have when they are looking at what they believe to be incomplete reinstatements after roadworks.