The country's railway regulator has strongly criticised the attitude of senior management in Iarnród Éireann to safety compliance issues.
In its annual report the Commission for Railway Regulation described its working relationship with the State-owned rail operator as being “strained” throughout last year.
In its report for 2015, the Commission indicates unhappiness with moves by the company to “continuously” challenge and take issue with its determinations regarding safety compliance.
“Throughout 2015 it was evident that Iarnród Éireann was taking a noticeably different approach towards safety regulation.
“This was most evident in the stance adopted at the most senior level in Iarnród Éireann management when responding to matters of safety management compliance identified by the Commission.”
“It is of concern that the type of sentiment expressed in correspondence with the regulator may be a reflection of a leadership attitude to safety that would be less than the Commission expects,” it says.
Minister for Transport Shane Ross said that while the regulator's report highlighted "some strong concerns about certain safety governance matters", he had been assured that there was no immediate risk to safety.
He said a new action programme has recently been agreed between the commissioner for railway regulation and Iarnród Éireann. He said a path had been identified to allow matters of concern to be resolved to the regulator’s satisfaction.
He said the commissioner, Gerald Beesley, had assured him that if this programme was implemented, then the concerns outlined in his report would be fully addressed.
In its report the Commission says between 2010 and 2013 considerable progress was made in aligning safety management in Iarnród Éireann to European requirements.
However, it maintains the company began taking a markedly different approach towards safety regulation during 2015.
“The opinion or interpretation of legislation of regulations by the designated authority is final, unless over-ruled by a court.
“The relationship between the regulated entities and the regulator is not one of equals, and the Commission’s determinations in regard to safety management systems compliance and other safety issues are matters that should be accepted rather than continuously challenged.”
“Recent challenges by Iarnród Éireann to the authority of the regulator and correspondence outside of the formal document review process have become a distraction to the remit of the Commission.”
The Commission for Railway Regulation has responsibility for oversight of the management of safety by the various railway organisations that operate within the State and for monitoring sustainability of the Iarnród Éireann network and regulating access to the network.
Mr Ross said: “Rail safety is paramount . I believe that Iarnród Éireann is now in a strong position to deal with the safety governance issues that have been highlighted in the Commission for Railway Regulation annual report.”
“The annual report highlighted some strong concerns the commissioner had about certain safety governance matters in Iarnród Éireann. The commissioner described the concerns as being of a long term strategic nature. As recently as his letter of 30th November 2016, the Commission for Railway Regulation has again assured me that there is no immediate risk to safety.”
Mr Ross said the commissioner had also told him that he had the necessary powers to deal with such risk should it ever arise, and that he would do so.
“My Department has encouraged the company and the Commission for Railway Regulation to engage directly in an effective manner to work out a plan for resolving the matters.
The Minister said that Iarnród Éireann chairman Phil Gaffney, had also advised him that that the company both at board and management level were committed to implementing the programme of actions, and would work with the commission to ensure the highest standards of safety are achieved within Irish Rail for customers, employees and third parties.
