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Dáil Éireann debate -
Tuesday, 7 Dec 1926

Vol. 17 No. 7

ADDITIONAL ESTIMATE. - EXPIRING LAWS BILL, 1926— COMMITTEE.

In connection with the Schedule, Deputy Johnson looked for some explanation to justify the continuance of the Local Government (Emergency Provisions) Act, 1916. The Minister for Finance agreed to have some statement made that would explain the necessity for the continuance of this particular measure. At the outset I would like to say that equally with Deputy Johnson I suffer as a result of not having the reports that he referred to on that particular occasion, as such reports would be of great help to me in administering the Department. I am not in any way anxious to withhold information from Deputies, but these reports have not been forthcoming. It is just as well for Deputies to recollect that Local Government for the last five or six years has been in a state bordering on chaos. We had for a considerable period two authorities struggling for supremacy in the control of Local Government, and, as a result of their opposition, officials throughout the country at times found it very difficult to know what Government to recognise and what duties to carry out and what duties not to carry out. That applied to the officials of the local authorities, including rate collectors and other important officers. I might also mention that the Custom House was burned in the campaign during the hostilities with the British forces, and as a result of that our records were destroyed during the struggle. During the struggle with the Crown Forces and during the recent domestic disturbances here an exceptional burden was thrown on practically every section of my Department. I might refer to the roads. These were picked out for particular attack.

We also carried through an amalgamation scheme which has considerably upset the administration of the Poor Law in the country. The Local Government Act, by the abolition of the rural councils, has put considerable additional work upon my Department Section 13 of the Local Government (Emergency Provisions) Act, 1916, which we are continuing, deals mainly with the publication of Local Taxation Returns and Annual Reports of the Department. It removes the obligation to publish abstracts of the receipts and payments of local bodies, and to append to the Department's Annual Report certain statements as to orders and directions in respect of outdoor relief, etc., as required by the Poor Relief Act.

There are two reports required under statute to be furnished by my Department. The Local Government Application of Enactments Order, 1898, requires that the Department shall prepare, each year, an abstract of the returns and receipts and payments of local authorities under the Local Government Act. The local taxation returns are required to be sent to this Department by local bodies within one month after the completion of audit. The holding of local audits was considerably in arrear in 1922, and since then additional audit work has arisen as a result of the adjustments consequent on the abolition of boards of guardians and rural district councils. The audits are now well advanced and under way, but it is desirable that the provisions of Section 13 of the Act of 1916 be retained for another year. Sections 21 and 23 of the Act of 1916 are ancillary to Section 13 as they relate to the application of that section to Ireland. The other return that is to be issued in my Department is in connection with the Act of 1872. Section 7 of that Act (the Local Government Act of 1872) enacts that the Department shall, once in each year, make a report concerning the execution of the several powers and duties vested in them. The Department recently sent to the Stationery Office for printing a report dealing with the administration of local government and public health for the years 1922 to 1925. So our statutory obligations regarding that particular Act will be performed when that is printed. The local taxation returns are being prepared and it is expected that they will be ready next year; so that will meet that obligation.

The Department at all times afforded the fullest information on all matters within its jurisdiction, both in the Oireachtas and before public commissions. I think that information should be sufficient for Deputies at the moment.

Does the Minister think that this will probably be the last year that such a re-enactment will be required?

We might require it next year, but I do not think we will.

Before you finish with the Schedule of this Bill, I want to call the attention of the Minister for Local Government and Public Health to the fifth item on this Schedule, that is, the Motor Car Act of 1903. An explanation of this Act was furnished to Deputies, and I must say that the explanation given as to the necessity for insisting on the continuance of this Act does not meet with my approval. I did not introduce an amendment to delete the Act because I can quite understand that some form of control is necessary until the new Bill is passed into law. But I want to point out to the Minister that, in my opinion and in the opinion of a great many of the motoring public, the law passed as far back as 1903 is absolutely obsolete as far as the control of those motoring is concerned. For instance, there is the twenty-mile speed limit. It is mentioned in the explanation that those questions are very debatable. I want to say to the Minister that all questions of that kind are debatable, but still there is a very large majority of people interested in motoring who are in favour of the introduction of some kind of new laws to control in some other way the speed of motor cars. Anybody who has some little acquaintance with motoring must know that under certain conditions and in certain places it is perfectly safe to drive thirty and forty miles an hour, and even in some places fifty miles an hour, with perfect safety, while it is quite unsafe to drive at ten miles an hour in other places. But still the law remains such that the Gárda Síochána can set a trap and prosecute motorists for driving over twenty miles an hour. I suggest to the Minister that such a condition of affairs is not desirable and that legislation should be introduced to bring up to date the laws regarding the speed of motor cars. I think very cogent arguments can be used in favour of the change which I suggest ought to be made in the law. I would ask the Minister if he has given any consideration to that matter and if he has any intention of introducing legislation in the near future to deal with it?

I would also like to add a word on this matter. In view of the money that the State is expending on roads, straightening them, taking off curves and putting the roads into what is an ideal state, I want to know if the Minister still holds that motorists should not travel on those nice, new, straight roads at a higher speed than twenty miles an hour, and that if they do so the Gárda are entitled to prosecute and entitled on prosecution to a conviction if the speed is over twenty miles? I think everybody knows that the law that was good in 1903 is obsolete now so far as the speed of motor cars is concerned and that those laws should be brought up to date. The law at present is quite a farce when we know the speed at which motor cars can travel with safety on the roads. Deputy Heffernan put the thing in a nutshell when he stated that motorists can travel at twenty, twenty-five or thirty miles an hour. I do not recommend any man to travel faster than thirty miles.

Even to a coursing match?

In order to go there and come home safely, we would confine ourselves to thirty miles an hour.

Going, but not coming back.

Yes, coming back, too. It is a dangerous thing to travel at thirty miles an hour in some districts. I think the Minister would be well-advised to consider a new scale that would be more in keeping with modern requirements; he would be well advised to make necessary revisions in the law connected with motor traffic.

Has the Minister anything to say on the matter?

I think it is common property that the motor laws arc antiquated in many respects. No doubt at some future date a measure will be brought before the Dáil for the purpose of revising them; but at present we have a very crowded programme, and I am not in a position to say when we will introduce such a measure.

May we take it that in the meantime the Minister will send out an unwritten instruction to the Gárda Síochána indicating how they shall act in future?

I do not think the Minister has power to do so.

Schedules and Title put and agreed to.
Bill ordered to be reported.
The Dáil went out of Committee.
Bill reported. Fourth Stage ordered for Wednesday, the 8th December.
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