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Dáil Éireann debate -
Wednesday, 30 Apr 1930

Vol. 34 No. 9

In Committee on Finance. - Vote No. 58—Railway Tribunal.

I move:—

Go ndeontar suim ná raghaidh thar £4,699 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiocfidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1931, chun Tuarastail agus Costaisi eile an Bhínse Bhóthair Iarainn a bunúiodh fé Acht na mBóthar Iarainn, 1924 (Uimh. 29 de 1924).

That a sum not exceeding £4,699 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, 1931, for the Salaries and other Expenses of the Railway Tribunal constituted under the Railways Act, 1924 (No. 29 of 1924).

There is a slight increase in this Vote which explains itself.

I wonder would it be in order to ask the Minister to tell us what the position is concerning the standard charges which will come into operation in July.

I wonder would the Deputy agree that, as this matter certainly has a bigger bearing on the general transport policy than anything else, it would be more appropriate to raise it on the general Vote than on this?

I did not intend to make any statement concerning policy, or as to what policy should be on this Vote, but merely to try and get information concerning it, because I am not clear as to the significance of the decision that was given by the Supreme Court in favour of the railway company, over-riding the decision of the Railway Tribunal in relation to the question as to whether standard charges should be actual charges or not. There was also a statement issued by the Minister in explanation of the standard charges in which it was stated that standard charges are not designed with other sources of revenue to bring in the full standard revenue. If standard charges are not designed to bring in the full standard revenue, how is it anticipated the standard revenue will be secured? Heretofore, the company has progressed towards the realisation of standard revenue by the process of cutting expenditure to meet declining receipts. That, in the main, meant a reduction of staff and wages. Is it expected that that process will continue even after the standard charges have come into operation? I should like if the Minister will give us some information on the point. It may be that the position is quite clear to him, but to those who are not in a position to get expert advice the situation seems very complicated and hard to elucidate.

There is another point on which I should like the Minister to give information. Last year, we passed an Act to enable the Minister to reduce the members of the Railway Tribunal from three to one, the one member holding office from year to year. On that occasion, the Minister conveyed the impression to the Dáil that it was his intention to effect that reduction after the standard charges had been fixed. The standard charges have been fixed, but the Minister has now re-appointed the three members for another year. It was stated that that was done because there were a number of other important questions which had to be determined by the Tribunal and I should be glad if the Minister would tell us what these other questions are. Apart from the question of the revision of standard charges after their operation has been examined over period, is there any other question of importance likely to arise.

As to the point that has been made with regard to the standard charges, again I shall have to postpone a full answer to that until the main Vote for the Department comes up, because it would be difficult to give in a concise way just what the full effect of the decision in the Court was, at least, if it is to be brought into its context and associated with all the matters that the public will want to know. I can state roughly what were the contentions of my own Department in the interests of the community before the Railway Tribunal and I can say what the Railway Tribunal declared, and it seems to me that the judgement of the Court in acknowledging what the railway company desires is easy enough to understand. I cannot speak of that at all unless I give it in its context and give a concise statement. The phrase that the Deputy queried I think is easily understandable. It is that standard charges were not designed to bring in the standard revenue. The Department's plea was —but this must be taken with many reservations—that standard charges ought to be actual charges. The aim was to get away from exceptional charges. The railway company's contention was that standard charges should be maximum charges. They envisage a state of things in which possibly no single standard charge would, in fact, be the charge throughout the country. Having got a decision that standard charges need not be actual charges, it is clear that standard charges are not designed to bring in the standard revenue. There will be variations up and down. The railway company suggested that the standard charges represented maxima to which they believe it will never be necessary to go. I shall leave it at that. A better explanation can be given on the main Vote.

As to the Tribunal, I thought it would be possible to have the question of standard charges determined sooner, and that the life of the Tribunal might be brought to an end, so far as the three members of it were concerned, but it was afterwards recognised that other matters there would have to be cleared. For instance, the question of the singling of lines occupied greater attention and a greater part of the time of the Tribunal than we thought possible at the time. Once they were carried forward, as a Tribunal of three it was thought better to reappoint them. It does seem that in any new traffic rearrangements in contemplation, even arising under the very Bill that Deputy Cassidy is so anxious about, the Railway Tribunal, possibly with enlarged powers, might play a part. And as they had work to occupy them at the moment it was considered advisable to keep the body of three members in existence. If the Deputy wants further details of their work, I shall try to get them for him. But, again, I would like to keep that body, as an independent body, at arm's length outside Government control, and I would have to get a definite statement from them as to what occupies them. I can, for my own Department, say what work the Department brings before the Tribunal, and in that way show some of the matter that comes before them. But it would not be fair to indicate that that is, as it were, all the work they do. If there are any matters of public interest to the Deputy I shall get the particulars for him.

There is one matter that I should like to get some information upon. Is the Railway Tribunal an ultimate court that decides on the singling of lines, for instance, in opposition to the wishes of the people? It was decided to single a portion of a railway line running into Waterford City. The people in the city objected very strongly to that. The Chamber of Commerce and all representative bodies in the city objected to it and very strong resolutions were passed against it, but these resolutions, I understand, received no consideration whatever. Is the Railway Tribunal an arbitrary body that can override the wishes of the people?

The Deputy prejudices the answer by putting his question in that form. I do not think that there is any doubt about appeals being taken from the Railway Tribunal. I do not think that is the point he wants information about. If what he means by the phrase is, is the Tribunal such an independent body that it can override the wishes of the community, it may in certain instances, because the wishes of the community may not be backed up by law. But another point arises. I am not going to give a decision as to how far the Railway Tribunal is the proper court to deal with such a thing as the singling of a railway line. There have been a couple of varying decisions hinted at in this matter. But the Railway Tribunal can be appealed to, and its decision may be often, and has been in some cases, contrary to what the Deputy would call the wishes of the inhabitants of a particular part of the country. There is an appeal from it in certain instances, but not to the people.

Question put and agreed to.
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