asked the Minister for Industry and Commerce whether he is aware that the recent decision of the High Court in the case of the State at the prosecution of the Great Southern Railways Company against Mr. M.J. Ryan, K.C., railway arbitrator, and Mr. C.A. Maguire, K.C., his predecessor in that capacity (wherein the court ordered the issue of a writ of prohibition by which the arbitrator is prevented from giving a decision upon a judicial question brought before his tribunal), will have the effect of rendering inoperative the provisions of Section 9, sub-section (2), paragraph (d) of the Railways Act, 1933 (No. 9 of 1933), as far as they relate to arbitration, and if so, whether it is intended to introduce the amending legislation necessary in order that the intentions of the Oireachtas, as laid down in the sub-section and paragraph referred to, may be given effect to.
Ceisteanna—Questions. Oral Answers. - Amendment of Railways Act.
I have not yet been able to obtain a copy of the judgment of the High Court in the case to which the Deputy refers and am not, therefore, in a position to form a final opinion as to the effect of it on the functions of the arbitrator under the Railways Acts, 1924 and 1926, or as to what consequent action may be necessary or desirable.
I assume the Deputy intended to refer to the provisions of paragraph (d) of sub-section (4) of Section 9 of the Railways Act, 1933, which will be borne in mind in any consideration of the matter.