Vol. 216 No. 2
asked the Minister for Justice if he is aware that decisions of the Chief Superintendent of the Garda Síochána in Cork city in regard to the siting of omnibus stopping places have been taken without regard being had to the advice or opinions of Cork Corporation, or local business or omnibus passenger interests; and if he will suggest to the Chief Superintendent in question that future decisions should be reached with more regard for local advice and opinion.
49.
asked the Minister for Justice if he is aware that the decision of the Chief Superintendent of the Garda Síochána in Cork city to remove omnibus stopping places from the Pembroke Street area in the South Mall, Cork was reached contrary to the expressed unanimous advice of Cork Corporation and against the wishes of business interests in the area who represented that they would incur heavy loss by reason of the change; and if he will advise the Chief Superintendent to reconsider his decision having regard to the strong local opinion against it.
With your permission, a Cheann Comhairle, I propose to answer Questions Nos. 48 and 49 together.
The Deputy appears to be misinformed. First of all, the difference of opinion relates, not to the siting of several bus stops as the questions seem to suggest, but to one bus-stop. Secondly, as long ago as January last, the Borough Council expressed their agreement with the changes proposed. They changed their minds later as a result of representations from local traders. They were of course quite entitled to do so, but it would not be correct to imply that this was their own original view.
It is a fact that the Garda Síochána have felt unable to accept the representations of the traders concerned, supported by the Borough Council. The law places on the Garda Síochána, and not on the Borough Council, the duty of making the decision and they are not entitled to divest themselves of this responsibility and simply implement what the council may suggest. If the intention of the Oireachtas was that the council's view should prevail, it is evident that the council would have been assigned the function of making the decision. In point of fact, contrary to what is laid down for traffic bye-laws, the council have no statutory right even to be consulted on the siting of bus-stops. However, as a matter of courtesy, the Garda Síochána invariably inform them of proposed changes and furthermore, as a matter of policy, they give every possible consideration to the views of the council, or indeed of any other local authority that might be concerned. But, as long as the law places on them the duty to make the final decision, they may sometimes find it impossible to accept the local authority's view, especially as they have to take account of general traffic considerations.
To put the matter in perspective, I should perhaps add that the revised siting of the particular bus-stop in question cannot involve even 100 yards additional walking for anybody. On the other hand, this and other changes are calculated to relieve congestion and improve traffic flow.
