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Dáil Éireann debate -
Friday, 20 Apr 1928

Vol. 23 No. 3

IN COMMITTEE ON FINANCE. - VOTE No. 58.—RAILWAY TRIBUNAL.

I move:—

Go ndeontar suim ná raghaidh thar £5,065 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiocfidh chun bheith iníoctha i rith na bliana dar críoch an 31adh la de Mharta, 1929, chun Tuarastail agus Costaisí eile an Bhínse Bhóthair Iarainn a bunuíodh fé Acht na mBóthar Iarainn, 1924.

That a sum not exceeding £5,065 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1929, for the Salaries and other Expenses of the Railway Tribunal constituted under the Railways Act, 1924.

The moneys that are requested under this Estimate are requisite under the terms of the Railways Act, 1924. The details are set out in the two Sub-heads, A and B. It simply refers to the salaries paid to the Chairman, to the two ordinary members of the Tribunal and to the small staff that is referred to in the Estimate. In addition, there are certain small travelling and incidental expenses. With regard to travelling expenses, as far as I am aware no sum has yet been paid in any year since the Tribunal was set up on foot of travelling expenses, because the members had not to go away from their headquarters, and we are lessening the amount of the Vote by £10 this year. The Telegraphs and Telephones item is based on the best Estimate that the Post Office could make of the requirements of the Tribunal. Advertising has dropped. That item refers to the publication of certain notices as regards sittings, which the Tribunal is bound to publish, and as the business of the Tribunal has been to a certain extent concluded, we expect that fewer notices will be published in the Press for the future. Consequently, we have reduced the Vote to half. The same applies to reporting; it is not expected that the same amount of reporting will be done in future.

In connection with this Estimate, I would draw the attention of Deputies to the matter detailed on page 236 of the Book of Estimates, in which it is stated that:—"The receipts in connection with the Service are estimated as follows—Extra Receipts—Payment by the Amalgamated Company under Section 15 (4) of the Railways Act, 1924," and then the sum is set out. What happens is that one takes the total expenditure on the Estimate of the Railway Tribunal during the year and deducts from the total the amount that comes in by way of fees and stamps. The remainder is then divided between the State and the Great Southern Railways Company. There is a sum of £20 or £30 not actually halved in these estimated receipts at the end of the year. That matter is made perfectly correct. If the amount is estimated by way of fees and stamps is greater than the amount shown there, there is a less sum to be taken from the Great Southern Railways. When there happens to be a less amount the railways company pays a little more. The expenses are halved between the railways company and the Tribunal.

Can the Minister say why these receipts are not shown in the Appropriations-in-Aid? Then there are two separate items for fees and fee stamps. Are all the fees paid in the form of stamps?

Not always. There is a distinction between them. As to these matters being shown as Appropriations-in-Aid, a definite policy was adopted recently, and I think that came before the Committee of Public Accounts. Any change that is made has to go before the Committee of Public Accounts, and I assume that this did go. Matters of that sort up to about two years ago were shown as Appropriations-in-Aid. For the future they will all fall in as general Exchequer receipts, but each Vote will show the amount of the general Exchequer receipts which would really in the old days have been marked out as Appropriations-in-Aid. But the money goes into the general receipts.

Will the Minister state why the Report of the Tribunal for last year has not yet been published? I think in previous years the Report was out in February or early in March, and so far as I know no report is at hand yet.

I will have to make inquiries about that. It would depend on the circumstances. If the Deputy would ask me by way of a question, I will get the information, or I will take his request now to get it.

Perhaps it is because this is so new to us—or there may be some other reason—but it appears to us that the Minister is altogether too illiberal in his information in connection with these Votes. We think that it would not be unreasonable to expect that the work of the Tribunal since it was established should be reviewed, and that the Minister should state whether or not he is satisfied that it is really fulfilling a useful function. Most traders who are watching for changes in railway charges, watching for some improvement with regard to railway conditions, are not satisfied that there is any reality about the work of this Tribunal, and have given up hope of any reform, certainly of any useful reform, in railway work. Since the Tribunal was established, as far as I know, the only definite thing it has really done has been to complete the amalgamation and the absorption of the lines. It is now four years since it was established, and it is still preparing to face the principal work for which it was appointed, that is, to fix standard charges. Four years after the Act was passed implementation is still in progress; in fact it is not yet well begun. How many generations are to pass before the Act is fully implemented? Is the Minister satisfied that even when it has completed fixing approved standard charges, these charges are going to be useful where they can be applied? He must be aware that in England, which has had standard charges in existence since the beginning of the year, there is a rush of applications to the Tribunal to lower the standard charges below the minimum which the Tribunal has fixed, and this is necessitated by the competition of road transport. If the same thing is going to prevail here, does it not look as if all this work of the Railway Tribunal is so much waste of time? It must be remembered that it is not merely the Railway Tribunal that is engaged in this work; it is a big portion of the Minister's transport staff also.

I think the Minister might have told us how much of the time of his own transport staff is engaged in helping the Tribunal. I personally look upon this Vote as being not a correct Vote at all, because from my knowledge of what is going on the Director of Transport in the Minister's Department is mainly occupied in preparing information for the Tribunal. Several other members of the staff are also engaged in the same work. It does not seem to me altogether correct to put down the amount here as the expenses of the Tribunal when, at the same time, you have another Department engaged in working for the Tribunal. That does not seem to me to be a correct way of representing the cost of the Tribunal. Then you have a state of things prevailing whereby a semi-Government Department, namely, the Creamery Board, has had to notify the Great Southern Railways that, unless they give a reasonable rate for the conveyance of butter, they will be obliged to convey the whole of their traffic by road. Is the Minister satisfied that the Railway Rates Tribunal is the best way of dealing with the railway problem, and that it is going to bring about such a change as is required at the present time in the commercial interests of the country? When they have the standard charges fixed, I understand they will then have to examine the question of through rates, and on that perhaps the Minister will give us some information as to what the position is. To anyone who has any inside knowledge it would look as if there would be a very difficult problem there, because on the Great Northern line and on the British railways the classification is totally different to what has been agreed on in the case of the Great Southern Railways.

I would like to know from the Minister when the Tribunal will be in a position to deal with the claims of the different ports. We all know that under the system that has prevailed up to the present the western ports have not got their fair share of traffic. I would like to know if the adjustment of that is to wait indefinitely, or has the Minister made any calculation as to the time when it can be attended to. There is the further question as to what use is to be made of the light railways that have been amalgamated with the Great Southern Railways. Will the Tribunal be in a position at an early date to give their attention to that problem, to see whether the Great Southern Railways are making the best possible use of these light railways, whether these are to continue to be a source of high rates to traffic on the main lines or whether they cannot be worked more economically than by the system which prevails at present? Under Section 30, subsection (2) of the Act, it would appear that the Tribunal has the power to see that each port gets its reasonable share of traffic from the railways. That is not the case at present, and I would like to know whether any adjustment is likely to be made, and whether any action will be taken by the Tribunal at any time in the near future on that question.

Even when the Tribunal has completed its work and fully implemented the Act of 1924, there will be still the position that the Great Northern, the Sligo and Leitrim. and the Londonderry and Lough Swilly systems as well as the little railway which we discussed yesterday, the Dublin and Blessington line, will still all be outside the control of the Tribunal. Therefore, it seems to me that it does not look as if the traffic problem of the Free State is at all near solution.

It is time, I think, that the Minister made some pronouncement as to whether he considers that the working of the Tribunal is fully justifying its cost. It is not a question merely of the cost of the Tribunal itself, but of the services which are being given to it by the Minister's Transport Department. There is also the question of the very serious cost that it is entailing upon the traders of the country who are interested in this matter. I know that it has been a matter of very serious cost to numbers of people who have been attending the Tribunal. They had been giving it their attention ever since it began to function, and the employment of counsel and the attendance of witnesses at each sitting of the Tribunal is a factor in the working costs of many big concerns in the country at the present time. I hope the Minister will give us as much information as he can on this Estimate. I do not think it is quite fair that we should be asked to vote money for services without having some picture as to what way these Departments are functioning, and as to what their hopes are for the future.

I hope that part of the duty of the Railway Tribunal will be to take into consideration the question of the transportation of livestock and the freights charged on same, as well as the necessity for providing a more humane system of transportation. There is no doubt but that we are completely out of date as regards the transportation of live stock, both from the economic and humane points of view. Take, for example, the transportation of sheep.

On what point of the Estimate does this discussion arise?

We are to have, I understand, a general debate on transport problems on the Vote for the Department of the Minister for Industry and Commerce, and I think we could easily arrange that the question of transport, so far as the Minister for Industry and Commerce is responsible for it, should be taken separately. It is on that, I think, that Deputy O'Reilly's point would arise.

I am not deciding whether it would arise or not, but at any rate the general question of transport, in so far as the Minister is responsible, would arise, and I think on that Deputy O'Reilly could endeavour to say what he wants to say on this Vote. The Railway Tribunal is a more restricted question than that.

Mr. O'REILLY

I am agreeable to that.

Might I suggest that the proper place to put up a case such as is being argued by Deputy O'Reilly, would be before the Railway Tribunal —to try and persuade the people who are interested in the matter that he is speaking on to put their case before the Tribunal, which they are not doing at present.

I think members on these Benches are quite right in calling attention to the fact that the Railway Tribunal has been spending public money for four years, and has given no return for it. I wish to call attention to the practice that is going on of diverting traffic through ports in the Six Counties and away from the ports at Greenore, Dundalk, Drogheda and Sligo. Before we agree to vote any moneys for the Railway Tribunal, I think we should have some assurance from the Minister that the Tribunal will give serious and immediate attention to this practice, which has been going on for a long time. During the last few years, you have this situation: that traffic which used to go through Greenore, Dundalk and Drogheda and, I believe, also through Sligo, is now going through Belfast and Derry. If you take the trade returns between the Six Counties and the Twenty-Six Counties, you will find——

Is the Deputy in order?

I wonder has the Railway Tribunal any functions in the matter which has been raised now?

Not on its own initiative.

I think if the Minister suggested to the Railway Tribunal that it should so fix rates that it would favour the using of the ports of Greenore, Dundalk, Drogheda and Sligo instead of using the ports of Belfast and Derry, the Tribunal might be doing something for the money it is spending at present and has been spending for the past four years. The Tribunal has done no good, and immense harm is accruing because of the fact that it is not doing the work which it should be doing, and to do which, if it was not there, some other body might be set up. If the Minister cannot see his way to get what I am suggesting done through the Railway Tribunal, then he should set up some other body to do it.

I do not wish to say anything on this particular Vote, but there is a point which I would like to see considered. We have been told that the general transport policy of the Government can be discussed on the main Vote for the Department of Industry and Commerce. On that Vote, no doubt, there will be many other big questions to be discussed, such as the industrial policy of the Government and the action it has taken in the matter of unemployment. A very long and probably involved discussion may take place. We will be discussing the general policy of the Government after we have discussed and decided whether or not we will vote money in connection with the particular machine the Government has set up in order to implement its policy. It appears to me that it would be more convenient for the Dáil and a better system if the general question of policy were discussed on the main Vote before the minor votes of the Department were taken. This discussion on the functions of the Railway Tribunal might be usefully deferred until the whole transport policy of the Government had been considered. I wish the Minister would give us his views upon that.

I wish this question had been asked by Deputy Lemass some time ago, and we might have been spared all this wild matter talked about the Railway Tribunal. The Railway Tribunal was set up to discharge certain statutory duties conferred upon it by Act of Parliament, and is paid to perform these duties. The only question that arises is as regards the salaries and travelling and office expenses. If people object that the Act is not working then there could be a Bill brought in to repeal or amend the Act so as to enable the Tribunal to do that which it has not now before it. The criticisms against the Tribunal result from a misunderstanding as to its position. Deputy Davin put it properly when he said these arguments might be better put up before the Railway Tribunal. The traders have not done their duty before the Tribunal. They have ceased to function as a unit before the Tribunal. The Tribunal has certain judicial functions to discharge, and I believe it is discharging them quite well. We are asking for money to pay the expenses of the office, salaries and travelling expenses.

On a point of order: Is the Minister correct in saying that traders have not been represented before the Tribunal? In any report of the proceedings of the Tribunal which I have seen the traders have been represented at each meeting.

If I said they have not been represented, that is wrong.

I understood from the Minister's statement that the traders were not looking after their own interests.

I do state that definitely.

I say that is not so.

And though they may be represented their activity has practically ceased and the work the House thought would have been done by certain interested traders is, in fact, being done by officials of my Department. I think that is the situation.

Not as I understand it.

That is a matter that can be discussed on the main Vote. That will arise on the question as to what interest my Department has in it other than what the Railway Tribunal has thrown upon it as its duties by an Act of this House. I could segregate and refuse to discuss on my Vote any duties put on the Tribunal. That Tribunal, by an Act of this House, has certain functions to discharge, and it has to be paid for discharging those duties. In so far as it is carrying out functions which this or a previous Dáil gave it, I am not responsible as to whether these functions should be with the Railway Tribunal or be again with my Department. There has been a segregation of duties. We are only discussing the Tribunal, its statutory functions and the fact that it has to be paid.

Surely the Minister will admit we are entitled to know how far the Tribunal is carrying out its functions, what progress it has made, and when it is likely to have completely implemented the Act of 1924. Is it not reasonable to ask for information on these points?

I have not said that it is not reasonable. There has been talk as to what good the Tribunal is doing. In so far as it should do certain good by carrying out functions laid on it by an Act of this House it ought to be doing that. Outside that the Tribunal has no functions. For instance, Deputy Moore went on to criticise on the Vote for the Tribunal as to whether certain people are being properly paid to do certain duties imposed by an Act of this Dáil. Deputy Moore raised the question that when the Tribunal has done its work certain railways will still be outside the amalgamated concern. That has nothing to do with the Tribunal. It cannot bring them inside the amalgamated concern, and a majority of the previous Dáil said that they should not be brought in.

My point is that the Railway Tribunal was an experiment. That experiment has been in existence for four years. Is the Minister satisfied that the experiment is going to be a success?

It was never set up as an experiment. On the question as to whether or not the Great Northern Railway should be brought into the amalgamated concern, that has nothing to do with the Railway Tribunal. The Tribunal had certain duties laid upon it——

I intervene at this stage to ask: are not the hands of the Tribunal very much tied by reason of the provisions of the original Act?

Completely.

Must not a standard revenue be maintained on a falling traffic? Is not that the real difficulty? We might as well face the facts.

I have been endeavouring to get certain people in this House to face these facts.

Including Deputy Good.

Deputy Good has a clear realisation of what the Tribunal has to do, which other people have not. The Tribunal has to classify various classes of merchandise, determine the standard revenue, fix the standard charges, hear individual applications re railway matters. These are the main functions of the Tribunal. The first two are general. There has been a classification established and a standard revenue has been determined. Number 3 is proceeding—the question of the fixing of standard charges.

Are they not held up by the standard revenue?

Deputy Good apparently wants to raise the question whether or not the standard charges have been properly fixed. He has some complaints, apparently, about standard charges. Deputy Good, I think, agrees with me that the Tribunal is tied pretty definitely hand and foot with regard to standard charges, because there has to be a determination of revenue, and from that the charges come.

Standard revenue must be maintained.

The Deputy repeats that. As I say, the third duty is proceeding. Deputy Moore's complaint amounts to this, that the Tribunal has done no good under any of the first three heads. I do not know what the Deputy's complaint amounts to, whether it is that the Tribunal has not been given sufficient duties or freedom, or has not been exercising its present duty, or gone within the limits of its present freedom. He tells us, however, that it has done no good. That is not a criticism against the Railway Tribunal if they have carried out their duties, and I think they have. I am not sure that we can discuss in this House a body that is pretty definitely a judicial body, or how they have carried out their duty.

What Deputy Moore asked for was a review of what they have done.

And I was particularly careful not to make a complaint in regard to the Tribunal itself. I was asking whether the House was wise in continuing that Tribunal in existence and whether it would be useful.

The Deputy, in other words, wants the House to consider whether or not the Railways Act should be amended. That is not, I think, a question that should be raised on this Vote. One cannot discuss what necessarily has to be done by amending legislation on a payment which follows from the old legislation, as long as the old legislation is there.

The Deputy is certainly entitled to ask that the Minister should state whether or not, in his opinion, this expenditure is justified.

The Minister is trying to make the case in this House that the members of the Tribunal occupy the same position as judges of the High Court and, therefore, we are not entitled to talk about the work they have been doing or the work that they have left undone. Their salaries are provided in this Vote and, in my opinion, we are entitled to criticise the work they have done and the work they have left undone.

There is a certain distinction between the Tribunal and the judges ordinarily, inasmuch as the salaries of the members of the Tribunal do appear here and are voted annually. I think it will be agreed, however, that the Tribunal occupies a position somewhat analogous to that of a judicial body.

I hope the Deputy does not envisage a procedure under which we will proceed to discuss the decisions given by the Railway Tribunal.

There is nobody trying to do that at the moment and, therefore, the question does not arise. There is no need to worry about it until it arises.

I will leave it so, then.

In the main, Deputy Moore was quite in order.

Deputy Aiken asked, and I thought I had answered him, if the Railway Tribunal have given good value for the moneys voted towards them. I think they have. They had four main duties; they have carried out two, and we are proceeding to the third, and as far as the fourth is concerned—the grouping together of a certain amount of possible activity by the Railway Tribunal on applications made—if they have not done any work under that head it is because there are very few applications. They have not the help the House thought they would have got when the previous legislation was under discussion, because the traders have not been actively looking after their own interests.

We must object to that statement very strongly.

I also object to it, because I happen to be a member of the Free State Railway Traders' Association, and though I have not been able to attend the meetings. I know meetings have been held and they have have been subject to very great expense.

The Deputy then, is one of the absentee traders who are having their interests looked after by somebody else in their absence.

The moment any reduction in rates is suggested by the Traders' Committee, immediately they are met with the statement, "How are we going to maintain standard revenue?"

Who are the traders who are represented? The Chambers of Commerce were not represented, as far as I know, and perhaps Deputy Good will tell us who represented the Traders' Organisation before the Tribunal. Fish-hawkers, as far as I can see.

The Minister desires to make a case in a particular way, and he can only be stopped by making a point of order against him. Deputy Good has been repeating his own objection to a statement made by the Minister, and I am not clear whether Deputy Good's best policy should be to ask first whether the Minister could discuss the traders.

We would like to hear some justification for the statement; we have not had it yet.

I have made a statement and Deputy Moore, I think, has justified it, to a certain extent. With that I am quite content. Another definite point raised was the question of the diversion of traffic to various ports. The Tribunal has a function there which is rather a limited one. Section 30 (2) states:

Subject to the provisions of this Act the amalgamated company shall not by the rates or fares charged, whether through or local, or by the facilities provided or the accommodation afforded by it, or otherwise, place any one port in Saorstát Eireann at an undue disadvantage as compared with any other port in Saorstát Eireann to, from, or through which traffic is or may be carried.

The function is limited definitely to that. There has been no application on behalf of any port that by the rates or fares charged or by the facilities provided or the accommodation afforded any one port of the Saorstát has been unduly prejudiced as opposed to any other.

May I ask the Minister a question?

I think not. When the Minister is finished the Deputy can ask him any questions he wishes.

We do not want to worry him too much.

When any question of port preference arises it will arise on an application made by the port which is prejudiced.

And the Ministry.

Possibly the Ministry, but eventually it will be referred to the Railway Tribunal if it was a matter of preference being given by reason of rates or fares charged, facilities provided or otherwise, due to action caused by the Amalgamated Company. That is the function of the Tribunal in that regard. Deputy Aiken was talking of ports outside the Free State and, in so far as it is possible, the Tribunal might take a wider view of its duties than what I have read out. I may say if the Amalgamated Company by reason of charging very high fares was diverting the traffic outside the harbours of this country, the Tribunal would probably communicate with the Amalgamated Company on that matter, but the Railway Tribunal's functions are very definitely limited by an Act passed here. They have certain duties and I think they are carrying them out.

As far as delay is concerned, there is possibly more delay than was anticipated when the Act was under discussion here. In the main, that delay is due—and I do not think it is a criticism of the Railway Company—to the fact that the Railway Company found it hard to get material in a presentable form for the Railway Tribunal. There was amalgamation and absorption and a big scheme had to be carried through. The Railway Company had to furnish statements of its traffic revenue. These statements were taken on a basic year and the receipts and expenditure for that year had to be brought up to what would be regarded as normal in present conditions. That meant an immense amount of work on the part of the officials at Kingsbridge, and it has lasted longer than was thought. There has been more delay perhaps than was anticipated.

Has the Minister any idea when the appointed day will be fixed—that is when the standard charges will be completed?

I certainly think that the point raised by Deputy Aiken is a very serious and important point and that a responsibility certainly does rest on the Tribunal, and on the Ministry possibly more than on the Tribunal. To what extent Deputy Aiken's complaint is justified is a matter for the Ministry to ascertain. I have been informed that since the amalgamation came into operation there has been a considerable increase in the amount of traffic going from the Western areas to Northern ports. I have been informed that that traffic is greater than the traffic before the amalgamation came into operation. How does that come about? It comes about because through rates are being lowered so as to give, by these lower rates, an inducement to the trader to send his goods to the Northern ports rather than through Dublin, Greenore or Dundalk.

Is it not a fact that the rates are lower in Northern Ireland?

I am talking about through rates, and that is where the responsibility lies upon the Tribunal, and upon the Ministry. The responsibility is more on the Ministry than on the Tribunal itself.

The Ministry is not being discussed surely on this Vote.

If what Deputy Davin says is the case, namely, that the Railway Tribunal cannot take any initiative in the matter, then there is no responsibility on the Tribunal.

I did not admit that.

I think the Deputy practically put the case that way. In any event, he contended that the onus is upon the Minister's Department to bring it before the Tribunal. If that is so, the matter would arise upon the Vote for the Minister's salary rather than on this Vote.

What I said was that, in my opinion, the responsibility, if any, is greater on the Minister than on the Tribunal, but there is responsibility on the Tribunal itself as well.

What is the responsibility?

The responsibility is disclosed in the section which the Minister read out to the House. I think it is the duty of the officials of the Railway Tribunal to make inquiries and to find out how far these preferential through-rates operate against the ports of the Saorstát now as compared with the period before the amalgamation came into operation. Deputy Aiken may have been nursing the County Louth when he referred to Dundalk and Greenore. But there is responsibility on the Tribunal, and I want to know if the officials of the Tribunal have tried to find out how far the case made by Deputy Aiken is correct or whether it is not correct. I am informed that substantially it is correct. If the Great Southern Railways are a party to the lowering of through rates from the western parts of Ireland which now give a preference to northern ports as against ports in this State, I say that is a serious matter which the Tribunal should investigate. They should investigate it as fast as they can. It is a fact that there has been a reduction in the traffic passing through the ports of Greenore, Dundalk and Dublin—that is to say, traffic from the western areas of Ireland. The duty rests upon the Railway Tribunal to find out how far that is so, and the duty rests upon them also to say how far they can rectify these complaints.

Complaints, if made.

I say if any organised body of traders appearing on their own responsibility fail to bring that matter before the Railways Tribunal, it is the responsibility of the Ministry to do so. We have heard some views expressed as to whether or not the traders were represented before the Railway Tribunal. I do not know what traders' associations we have in this country, whom these associations cater for, or who is actually involved in their membership. The Free State Traders' Association is named as the body represented before the Railway Tribunal in connection with standard charges and revenue. I am not satisfied that the Free State Traders' Association represents the best brains of the business men of this country. If they do, God help the business men of this country. It is no wonder that the business men are complaining about high charges when they do not appoint business men with brains to put the case before the Tribunal. I do not say that the Chamber of Commerce was represented there because I would be surprised if the Chamber of Commerce allowed themselves to be misrepresented by what is known as the Free State Traders' Association.

Deputy O'Reilly referred to high charges for the carrying of live stock. There is an association to deal with that matter. There is the Cattle Traders' Association and several associations that cater for the trade in live stock. I believe they made their case before the Railway Tribunal or made an attempt to make it. That is a matter for the traders themselves. But the other question raised by Deputy Aiken is a question where the ports are concerned, and that is a more important matter for this House. With regard to this question raised by Deputy O'Reilly, that is a matter for the Cattle Traders' Association. You have some of the leaders of that body here in the House and, so far as I know, they have not made any complaints up to this. They may do so before the debate ends. I am anxious to know if we may have from Deputy Good a statement as to whether the Free State Traders' Association who made the case on behalf of the business men of this country before the Tribunal represents the intelligent or intellectual element known as the Chamber of Commerce in the Free State?

The stage is now set for another battle.

Deputy Davin is, doubtless, a good judge in a great many subjects, but I think there are very few in this House who would agree with his opinion as to what is a good business man and what is not a good business man. His opinion in that matter would not be accepted as one of a very high standard.

I only asked a question.

The Deputy is more in touch with railway matters than any other Deputy in this House, and he should know that at each meeting of the Tribunal the traders were represented. They had at each of these meetings a representative of the Traders' Association. But the difficulty that the traders have been in all through in connection with that association is that the original Bill set out that the standard revenue must be maintained. That is in the Act now. It is obvious to anybody, and I am sure it is obvious to Deputy Davin, that the revenue of the railways has been falling by reason of the competition by buses for their traffic. The problem is a falling revenue, or at least, a falling trade, and how, under those conditions, you are to maintain the standard revenue. If you reduce your charges to meet increased competition your revenue naturally falls. What are the traders to do? If they put up a proposition that certain trade is going in a certain direction, and that the rates should be lowered in order to encourage it to go in another direction, then you are met with the same problem, the standard revenue. I do not know how this Act is eventually going to work out; I was very doubtful as to its wisdom when it was going through this House, and I did not hesitate to let the. House know that fact. The farther the problem goes the greater the difficulty I see. I do not know how this question of the standard revenue will be maintained in the future. I have very great difficulty about it. The Minister talks about traders not having done their duty. I question that, because the traders have appeared before the Tribunal. They have been represented, as I said, before every meeting of the Tribunal as far as I know. I have seen the reports of the meetings of the Tribunal, and I have seen that the traders have been represented there. As I say, what can they do? If you were there yourselves, if even the cream of the intelligence of this House. Deputy Davin, was sent to the Railway Tribunal to put forward the traders' case——

No fear.

How could he put forward a case that would maintain a standard revenue with falling income? If he could do that he could do something which the ordinary trader could not do, and which I certainly could not do. So far as I see, the Tribunal can only deal with matters that are put before them. They can express an opinion on these different proposals, but I do not think, of their own initiative, that they can bring forward proposals for consideration. At least, I do not understand that to be the function of the Tribunal, but if it is so, I am not aware of it. Complaints have been made that traffic has gone over to the railway companies functioning in the Six Counties. It is common knowledge that the rates on railways in the Six Counties are lower than those in the Free State. They are lower by a very considerable percentage.

What is the difference?

The Deputy knows more about the difference than I do, and he knows more about the causes of that difference. He knows more about the expenses in connection with railways than I do, and there is no use in putting a question of that kind to me. He cannot blame traders if they send their goods over the cheapest route. That is what is happening at the moment. Goods are undoubtedly going from the West over the northern railways and through the northern ports because that is the cheaper method. If you want to get that traffic diverted through southern ports and over southern railways you will have to get some means of lowering the rates, and if you lower the rates you will have to get some means of meeting the clause in regard to standard revenue. These are the real problems. As I said to the Minister, we might as well face facts in connection with this question. These are the difficulties we are up against. There is no use criticising the Railway Tribunal because it is tied hand and foot, as the Minister has said. If a proposal is put forward by the traders on one hand to reduce rates, the Tribunal want, on the other hand, to see how the standard revenue is to be maintained. So long as these factors are there, one operating against the other, and if the traders appear before the Tribunal, I do not see that much can be done under the conditions prevailing at the moment.

I do not often agree with Deputy Good, and I do not doubt that his conscience will trouble him somewhat when he finds that I do now. His position, broadly, is that the traders, the railways, and the country, so far as the railway position is concerned, are between the devil and the deep sea. Apparently, a rather inept amalgamation scheme in connection with the railways was put through without considering the larger possibilities and development which lay in the co-ordination of road and rail traffic. As a result, the country is in the position of trying to maintain two separate competing means of traffic, which in density has never been sufficient to maintain on a national and profitable basis one system. The density of traffic on the Irish railways at the very best of times, when the Great Southern and Western Railway Company's shares were at 104, was never more than practically negligible compared with other matters. They succeeded in paying those rates and in keeping up those dividends because they were in a position to get monopoly rates for traffic. The Irish goods rates were the highest in the whole world.

On a point of order, has this anything to do with the sub-head under discussion?

The Deputy is going into the general question of the amalgamation of railways and is completely out of order.

I do not propose to press that much further. The only point is that that seems to be the difficulty, that traders are accused of neglecting their duty because they do not go to the tribunal, a tribunal which is so ham-strung by conditions that, even if the Angel Gabriel went to represent them before it, he could not solve the difficulty, because of the inept and short-sighted legislation which did not take into account the possibility of the co-ordination of rail and road traffic.

That is an excellent example in one sentence of what should not be said on the Estimates. It is an excellent example of the criticism of legislation which cannot be allowed on the Estimates. That has been said from the Chair over and over again.

This is the last sentence I am going to speak——

The Deputy will have to sit down and say no more, having delivered himself of a palpably disorderly speech.

Deputy Good in the course of his remarks stated that the rates in operation between ports in the Six Counties and England are lower than those between Free State ports and those across channel. He did not inform the House that the same classification as regards merchandise traffic is in operation in the Six Counties as in the Saorstát. Neither did he inform the House that one reason that traffic is diverted to ports in the Six Counties is the fact that the steamships plying between Ireland and England are controlled by cross-channel combines which very often give preferential through rates, as between Ireland and England, to ports in the Six Counties to the detriment of the Free State ports. There is one thing which the Railway Tribunal should consider without application from traders or other associations, and that is the question of the simplification of the classes of merchandise traffic. I am not going to go into detail as to how many various classes of traffic there are. To some railway people, in addition to many traders, that classification is a regular cross-word puzzle and, so far as the Tribunal is concerned, it should go into the question of the classification of merchandise traffic with a view to simplifying it. That would be to the benefit both of the traders and the railways. The Tribunal should also take into consideration the possibility of a bigger grip being put on the means of communication between the ports in this country and England. Yesterday I referred to the fact that there was a possibility of one railway, the Londonderry and Lough Swilly Railway, which is outside the amalgamation scheme, being taken over by the London, Midland and Scottish Company. This is an attempt on the part of that company to try and capture another means of communication between this country and England, and to manipulate the rates so that they will be in the interests of the Six Counties and to the detriment of the Saorstát. That matter, as I say, should also be considered by the Tribunal.

That is imperial preference.

I would like to stress upon the Minister the impossibility of having these matters adequately discussed until the main Vote of the Ministry comes before us. The question of preferential rates given by foreign shipping companies in order to attract traffic to the Six Counties can hardly be discussed on a Vote of this kind. The whole question of transport policy should be discussed before these separate Votes come before us. Deputy Good put a proposition to the House. He said that a standard revenue for the Railway Company has to be maintained and to enable that standard to be maintained the Tribunal can fix a certain standard schedule of rates which will give the company standard revenue with the important qualification that the company must have economic and efficient management. How that standard revenue is to be given to the company while, at the same time, the wishes of the traders as regards rates are to be met is the problem. You, sir, ruled that Deputy Good is in order to put that problem before the House, but, apparently, it is out of order to suggest a solution and that solution will have to be put forward on the main Vote.

That is rather a different thing. Deputy Good was on the question of the Tribunal. I did not rule exactly that Deputy Good could state the problem. I agree with Deputy Lemass that the question of the solution of that problem would carry us a far greater distance beyond the Estimate.

There is an obligation on the Tribunal to maintain a standard revenue.

I think that Deputy Lemass is right in saying that the solution of the problem could hardly arise at this point.

I would like to know if the Minister has any objection to postponing the consideration of this Vote until we have an opportunity of considering the whole question of transport on the Vote to his Department.

Entirely. What does it matter? Let us say that the administration of my Department with regard to the problem of transport is riddled from top to bottom. Let it be proved that it is entirely negligent and careless about all matters of transport. Is that any reason why the Dáil should refuse to pay the salaries of the chairman, the two ordinary members and the officers of the Railway Tribunal? They are actually established. They cannot be put out of office until amending legislation to the Railways Act of 1924 is brought in. What they are doing has nothing whatever to do with the policy of my Department in matters of transport. The members of the Tribunal must carry out their duties until the Act is amended and they must be paid the salaries which are fixed. This Vote has nothing to do with the salaries of officers of the Transport Branch. The only thing that can arise is how far the members of the Tribunal are carrying out their duties. Surely we are not going to say that they are so negligent that we must refuse to pay them their salaries for the next couple of months. If, of course, legislation were introduced in three or four months' time and the Tribunal were disbanded these expenses would not have to be met and the moneys would not be needed. The Deputy does not commit himself to any approval of anything done in the way of transport by my Department by passing this Vote. That is entirely a separate matter.

Do I take it that we are only to discuss the salaries paid to members of the Tribunal and whether it is doing any work? For example, the Ministry of Industry and Commerce made representations to the Tribunal. I understand that they are putting the case of the Tribunal that not by increasing, but by decreasing, rates they will increase the standard revenue. The action of the Ministry in that respect might be a basis for discussion.

My Department is not being paid any money under this sub-head. Why should my Department be criticised as long as no money is being voted to it?

Is there any way of bringing the Ministry to heel, except by refusing to vote money?

The way my Department can be criticised in regard to its transport policy and brought to heel will be by refusing to pay the salaries of the officers of the Transport Branch. That is not being discussed here. This is a Vote for the salaries of the officers and members of the Tribunal.

I think that we should not be influenced by anything that might be likely to arise from refusing to pass this Vote. and I suggest that Deputy Lemass's proposal should receive thorough consideration from the Minister. The position seems to me to be that the work the Railway Tribunal is engaged on at present is that of reviewing the proposed standard charges. That work may be useless or it may not. There are many people who have been watching that Tribunal very closely who think it is absolutely useless. These are people who have been watching its operations and who have a very great interest in railway problems. They think that until the question of road versus rail is considered, and until there is some co-ordination between these two branches of transport, it is useless to be considering standard charges, and that there can be no such thing as standard charges, as they are fluctuating so much. I may say that that is borne out by a report that I have got from England, that although the standard charges are in operation there since the 1st January, the Tribunal has been taken up with applications to modify these standard charges. If we take this Vote seriously, I suggest that we should not vote to continue the work of the Railway Tribunal without having a statement from the Minister as to what his transport policy is, and if he is going to make any arrangement in regard to the work of the Tribunal. It may arrive at marvellously accurate conclusions this year on a certain basis, but that basis is liable to change. It is changing at the moment. We do not know what the state of traffic will be on roads next year. That is because we have no pronouncement of policy from the Minister, and we think, therefore, that the Vote should be postponed.

I again put it to Deputies that Deputy Moore's plea is a refusal to pay moneys to the members of the Railway Tribunal because they are not going to consider something which they could not possibly consider. If it were brought before them they should have to refuse to consider it. If a case can be made that there has been a mishandling of the whole transport problem, I should be criticised for it, and not the members of the Tribunal.

I think my statement was that they are considering things, the consideration of which will afterwards be found to be a waste of time.

Whether it is a waste of time or not, they are doing all this work with the authority of the Legislature. All this means is that they should carry on in the way that the Legislature decided that they should carry on. I may say that there is going to be no burking of criticism of the transport system. That will arise on the Vote for my Department. I put it to Deputies that it is a grave injustice to be criticising members of the Tribunal for doing something that they are not bound to do and that in fact they are precluded from doing. All this criticism will range about the transport section of my Department, except on two points, namely, what are the functions of the Tribunal and how far they carry out their duties. On the question of the appointed day, the appointed day cannot be determined until the standard charges are fixed. I cannot say when the standard charges will be fixed. Even though my Department were ready to do that, I cannot say whether other interested parties are prepared to do so. I think that the Tribunal appeared to be prepared to discuss it recently. In so far as the Tribunal is ready to hear the standard charges discussed, the Tribunal is making all speed towards the fixing of the appointed day. On the question of ports, Deputy Davin says it is an important matter. It is, of course, an important matter to see that a port outside this country does not get undue preference in relation to a port in this country. Has that been done? If a complaint had been made that such a situation had developed I think that is a case that could be made against my own Department again, because the Railway Tribunal has only power to come down upon the amalgamated company if it is shown that the amalgamated company, by reason of rates, facilities, accommodation, etc., is unduly preferring one port to another, although I would not insist definitely that that must be raised by the prejudiced port. In other words, if the Railway Tribunal got a clear case before it, it is precluded by the terms of the Act from raising that. I do not think that is the case. I think the natural course is that the port which finds itself prejudiced is going to be very clamant before the Railway Tribunal with regard to what the amalgamated company is doing. Remember, it is only when the amalgamated company comes into the matter that the Railway Tribunal enters into it at all, and it is only the Railway Tribunal we are discussing now.

Perhaps I can help Deputies. This Book of Estimates is prepared after a certain system. The system is such that the salaries and allowances for the Railway Tribunal are included in one separate Vote—Vote 58. The salaries, allowances and expenditure of the Minister's general Department are in another Vote—Vote 56. The Railway Tribunal is working under an Act. The Minister is only responsible for how he spends the money under the law as he finds it. I think the point in Deputy Moore's mind is that he feels that a different kind of legislation ought to be in operation, dealing not only with railways but with transport generally. Now until you get that actually passed into law, the Act which provides for the Railway Tribunal remains in force and the Railway Tribunal remains in existence. To that extent the question that arises is, whether the salaries of the Tribunal ought or ought not to be paid. Of course since the House is asked to pay all salaries it is quite clear that the House need not pay if it does not like, although it is provided by the Act that there shall be a Railway Tribunal. When discussing a general question of policy even on the main Vote of the Minister's Department, it is technically not in order to advocate legislation as the Estimates do not give an opportunity for reviewing all the Acts passed. If Deputies reflect on that for a few minutes they will see that it. would be an impossible situation if every Estimate gave an opportunity for going back over all the Acts of Parliament under which the Estimates have been prepared and from which the Minister could not depart, even if he so desired. On the main Estimate for certain Departments, such as the Department of Industry and Commerce, for example, when a question of policy is put down for discussion, such as transport, it is difficult, it is in fact impracticable to insist upon the point that you cannot advocate legislation, because at certain points manifestly when changes are advocated, legislation will be necessary. Therefore, that particular situation should not be insisted upon too rigidly when it is a question of policy. But even on the main Vote for the Minister's Department, which includes the Minister's salary, it will not really be possible to tear up the Railways Act of 1924—to go into it and repeat the debate that took place pro and con during the passage of the Railways Bill in 1924. I do not know whether Deputies are under a misapprehension as to what the situation really is. If they want an amending Act, they cannot either get a discussion on that on this Railway Tribunal Vote, nor can they get an amending Act by the refusing money here. After the Minister's main Department has been discussed, if the money for the Minister's main Department is refused, a certain situation will arise, but even the fact that this Vote 58 had been passed would not make any substantial difference in that situation. I do not know whether that makes it plain.

To keep rigidly within your ruling, and to deal exclusively with the matters which appear on the Estimate, I would like to ask the Minister what apology he has to offer for these salaries?

The Tribunal has not yet asked me to apologise for their inadequacy, so there is no need to. apologise for them.

May I ask a direct question? Is it not the duty of the members of the Railway Tribunal and the officials of the Tribunal to initiate inquiries as to whether the amalgamated company—the Great Southern Railways—is lending itself to a reduction of through-rates which tend to divert the traffic to ports outside this State, and, if so, is it not the duty of the Tribunal to deal with the situation that would arise as a result of that investigation?

It is very difficult to get a question like that thoroughly understood. The answer has to be taken with a certain amount of reserve, but I think the answer is, "No."

It is not quite clear to Deputy Davin that the only function of the Railway Tribunal is, as it were, to hold the bone between the two contending parties—Deputy Davin and the employees on the one hand, and Deputy Good and the railway owners on the other hand.

You are wrong.

We, the agricultural people, who work, produce the bone, and the other people divide it between them.

I want to know how many hares Deputy Gorey is going to start in this discussion?

He was about to start a very substantial one now.

Deputies Davin and Good, the only two parties concerned with the freights, should realise that the bone is being taken out of their hands. If they will not put their own house in order, the Railway Tribunal will be dead in two years, inasmuch as the railways will have disappeared in that time, as another form of transport is supplanting them.

Is it not obvious that the only body that can achieve the result that Deputy Gorey is aiming at is the Railway Tribunal, and the hands of the Tribunal are so tied that it is prevented from doing what Deputy Gorey wants it to do?

That seems to have been said before.

Question put.
The Committee divided: Tá, 73; Níl, 50.

  • William P. Aird.
  • Ernest Henry Alton.
  • Richard Anthony.
  • James Walter Beckett.
  • George Cecil Bennett.
  • Séamus A. Bourke.
  • Henry Broderick.
  • Seán Brodrick.
  • John Joseph Byrne.
  • Edmund Carey.
  • Archie J. Cassidy.
  • James Coburn.
  • Mrs. Margt. Collins-O'Driscoll.
  • Hugh Colohan.
  • Martin Conlon.
  • Michael P. Connolly.
  • Bryan Ricco Cooper.
  • Richard Corish.
  • William T. Cosgrave.
  • Sir James Craig.
  • James Crowley.
  • William Davin.
  • Michael Davis.
  • Peter de Loughrey.
  • James N. Dolan.
  • Peadar Seán Doyle.
  • Edmund John Duggan.
  • James Dwyer.
  • James Everett.
  • Desmond Fitzgerald.
  • James Fitzgerald-Kenney.
  • John Good.
  • Denis J. Gorey.
  • John J. Hassett.
  • Michael R. Heffernan.
  • Michael Joseph Hennessy.
  • Thomas Hennessy.
  • Mark Henry.
  • Patrick Hogan (Clare).
  • Patrick Hogan (Galway).
  • Richard Holohan.
  • Michael Jordan.
  • Patrick Michael Kelly.
  • Myles Keogh.
  • Patrick Leonard.
  • Finian Lynch.
  • Arthur Patrick Mathews.
  • Martin McDonogh.
  • Michael Og McFadden.
  • Patrick McGilligan.
  • Joseph W. Mongan.
  • Daniel Morrissey.
  • Richard Mulcahy.
  • James E. Murphy.
  • James Sproule Myles.
  • Martin Michael Nally.
  • John Thomas Nolan.
  • Thomas J. O'Connell.
  • Bartholomew O'Connor.
  • Timothy Joseph O'Donovan.
  • Dermot Gun O'Mahony.
  • John J. O'Reilly.
  • John Marcus O'Sullivan.
  • V. Rice.
  • Martin Roddy.
  • Patrick W. Shaw.
  • Timothy Sheehy (West Cork).
  • William Edward Thrift.
  • Michael Tierney.
  • Daniel Vaughan.
  • Vincent Joseph White.
  • George Wolfe.
  • Jasper Travers Wolfe.

Níl

  • Frank Aiken.
  • Denis Allen.
  • Gerald Boland.
  • Patrick Boland.
  • Daniel Bourke.
  • Seán Brady.
  • Daniel Buckley.
  • Frank Carty.
  • Michael Clery.
  • James Colbert.
  • Eamon Cooney.
  • Martin John Corry.
  • Fred. Hugh Crowley.
  • Tadhg Crowley.
  • Thomas Derrig.
  • Eamon de Valera.
  • Frank Fahy.
  • Hugo Flinn.
  • Andrew Fogarty.
  • Patrick J. Gorry.
  • John Goulding.
  • Seán Hayes.
  • Samuel Holt.
  • Patrick Houlihan.
  • Stephen Jordan.
  • Michael Joseph Kennedy.
  • William R. Kent.
  • James Joseph Killane.
  • Mark Killilea.
  • Michael Kilroy.
  • Seán F. Lemass.
  • Patrick John Little.
  • Ben Maguire.
  • Thomas McEllistrim.
  • Seán MacEntee.
  • Séamus Moore.
  • Thomas Mullins.
  • Patrick Joseph O'Dowd.
  • Seán T. O'Kelly.
  • William O'Leary.
  • Matthew O'Reilly.
  • Thomas P. Powell.
  • Patrick J. Ruttledge.
  • James Ryan.
  • Martin Sexton.
  • Timothy Sheehy (Tipp.).
  • Patrick Smith.
  • John Tubridy.
  • Richard Walsh.
  • Francis C. Ward.
Tellers:—Tá: Deputies Duggan and P. Doyle. Níl: Deputies G. Boland and Allen.
Question declared carried.
Ordered: That the Committee report progress.
The Dáil went out of Committee.
Progress reported; Committee to sit again on Thursday, 26th April.
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