asked the Minister for Transport and Power whether he is aware that carters of milk to creameries are being prosecuted under the Road Transport Acts if they bring back to farmers, with the separated milk, goods purchased in the creamery; and if he will take steps to exempt such practice from the provisions of the Act.
Ceisteanna—Questions. Oral Answers. - Prosecutions of Creamery Carters.
16.
Carters of milk can engage in the haulage of milk to creameries only by virtue of the special concession in that regard provided in Section 2 of the Transport (Miscellaneous Provisions) Act, 1955.
To extend that concession so as to enable such carters to bring back from creameries goods purchased by or on behalf of farmers, would have the effect of enabling them to act as general hauliers to the farming community in competition with C.I.E. and licensed hauliers, countrary to established transport policy.
Does the Minister seriously contend that C.I.E. will take back small goods from the creamery to the farmer? When the carter is coming back, goods are allowed to be taken, but does the Minister think for a minute that C.I.E. would bring back a few loaves of bread or a lb. of tea from the creamery?
It would be quite impossible to maintain any such regulations made in relation to those creameries. They would undoubtedly give rise to abuses of various kinds.
Surely the Minister must have regard to the realities of rural life? Does he not appreciate that it is, I believe, the earnest desire of the Minister for Agriculture that farmers should combine to send their milk by one carrier rather than having 15 farmers bringing 15 separate cans of milk to the creamery? In such arrangements, normally the carriers will call at each of the 15 houses to return the skimmed milk. It is a fantastic extension of the spirit of the Road Transport Act to say that they cannot bring back a half lb. of tea or a loaf of bread.
They cannot charge for it.
I never heard of a farmer charging his neighbour——
They are being prosecuted for it.
It is the technical official mind.
(Interruptions.)
Life could be made impossible for people if the law is not administered in its spirit as well as in its letter. If the Minister for Transport and Power indicates clearly that where a man is bringing back skimmed milk to a neighbour, having brought in whole milk to the creamery, no question will be raised if he brings back ordinary household goods manifestly purchased for the neighbour's convenience, then there is no serious difficulty, but what is happening is that people are being prosecuted for bringing back a loaf of bread or a half lb. of tea. Does the Minister endorse what the Taoiseach said, that unless they are carrying for reward, there is no prosecution?
I think the Deputy was aware of that.
Is it not a fact——
If they carry for reward, it is a matter for the courts, not for me.
They are being brought to court.
There can be no prosecution unless the goods are carried for reward, so far as our part of the country is concerned. There is no prosecution unless the Garda have definite information that the carter or the farmer is carrying goods for reward.
The Deputy should go to Sligo or Donegal.
In further reply to the Deputy, a case is under investigation at the moment in the courts.
Does the Minister believe that the carter is paid by the farmer for carrying a loaf of bread or half a lb. of tea?
Some of the cases have already been decided and it was very clear that some of the farmers concerned were actually getting a reward.
For carrying a loaf of bread?
Goods, not a loaf of bread.
(Interruptions.)
I would be glad to know what the reward was.