Joe Costello (Dublin Central, Labour)
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Question 216: To ask the Minister for Transport the action he has taken in response to the findings of the railway accident investigation unit's report on the collapse of the Malahide Viaduct, County Dublin, in August 2009; if the Railway Safety Commission has made any recommendations or requests to him arising from the report; if he will provide the necessary resources to ensure that all 15 recommendations in the report are fully implemented; if he proposes to refer the Report to the Director of Public Prosecutions; and if he will make a statement on the matter. [34186/10]

Joe Costello (Dublin Central, Labour)
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Question 218: To ask the Minister for Transport if he is satisfied that an approved safety management system was in place prior to the collapse of the viaduct on the railway line at Malahide, County Dublin, in August 2009; if he will consider an independent review of the SMS; and if he will make a statement on the matter. [34251/10]

Noel Dempsey (Meath West, Fianna Fail)
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I propose to answer Questions Nos. 216 and 218 together.

On its publication on 16 August last, I acknowledged that the report of the Rail Accident Investigation Unit (RAIU) into the Malahide viaduct collapse in August 2009 was an important investigation into a very serious event. Thankfully due to the speedy actions of the train driver on that day and the effective operation of all post accident procedures, there were no fatalities or injuries to any members of the public or staff. However, I recognise that the report gives a detailed and worrying account of an inadequate maintenance and inspection regime in Iarnród Eireann (IE) of recent years which failed to safeguard the viaduct structure from the impact of scour and erosion in Broadmeadow Estuary.

I wrote to the Chairman of CIÉ on 17 August last emphasising the importance of implementing in full the recommendations made to Iarnród Éireann by the RAIU and the Railway Safety Commission (RSC) in its compliance audit. I referred to the importance of regular progress updates to be provided by Iarnród Éireann as part of the monitoring of the railway safety investment programme funded by my Department. In addition I asked the Chairman to provide an early update on the progress of the implementation of the RAIU and RSC recommendations.

As indicated in the RAIU report and from updates received from Iarnród Éireann significant changes have now taken place to meet the shortcomings identified and to ensure that there is no repetition of this incident. Iarnród Éireann has identified and conducted detailed surveys on 105 bridges that are particularly susceptible to scour and has not found any scour related risks with any of these bridge structures. There has also been a substantial reorganisation of the IE Civil Engineering department including the appointment of a new Chief Civil Engineer and a Technical Manager for civil engineering.

I understand from the Railway Safety Commission that there was an approved Safety Management System (SMS) in place at the time of the accident. However I am informed that Iarnród Eireann are currently fully revising their SMS to meet the latest European Railway Safety requirements and that the Railway Safety Commission expect to complete the process of approval of this new SMS in 2011. As the independent regulator, the RSC has the power to bring sanctions under the Railway Safety Act 2005. I understand that, based on the evidence in the RAIU report, the RSC is considering what sanctions, if any, are appropriate or possible under the legislation.

I should add that over the period since 1998 the safety of the rail network has been enhanced through a sustained high level of investment and the strengthening of safety regulation arrangements and institutions. Total investment in railway safety in the period 1999 to 2008 amounted to €1,172 million. A further investment programme provides for total expenditure of €513 million over the period 2009 to 2013, which includes an allocation of €100 million this year alone.