asked the Minister for Local Government whether he is aware that uncertainty has arisen as to whether it is the sole function of (a) the Manager or (b) the elected members of the local authority to decide whether a road is of general public utility for the purpose of the Local Government Act, 1953; and if he will introduce amending legislation to clarify the position.
Ceisteanna—Questions. Oral Answers. - General Public Utility Roads.
12.
I am not aware that there is any uncertainty as to the interpretation of the provisions of the Local Government Act, 1953. Section 2 of that Act enables a road authority to declare certain roads to be public roads, where they are satisfied that such roads are of general public utility and it also provides that the making of any such declaration shall be a reserved function. The introduction of amending legislation on the lines suggested by the Deputy is not necessary.
Is it not a fact that when a local authority makes such a declaration, it is the function of the county manager or county surveyor to carry out whatever recommendation is made by the local authority?
It is a reserved function.
Question No. 13.
Further arising from the Minister's reply——
I have already called the next Question.