I move: "That the Bill be now read a Second Time."
To put the Bill in its context I should perhaps go back to section 103 of the Road Traffic Act, 1961, which set up the system of so-called "fines-on-the-spot". Under this a person to whom a notice is given alleging that he committed a specified Road Traffic Act offence may pay a stated penalty in lieu of standing prosecution for the offence. The offences to which the system applies are prescribed by regulations made by the Minister for Local Government. These regulations confine the system to parking offences.
Under the 1961 Act members of the Garda issued the parking "tickets". However, with the continuing growth in traffic and the corresponding increase in traffic offences, it became clear that the work would make too great an inroad into Garda time. Indeed, it is wasteful to use trained police on this kind of work. Accordingly, section 64 of the Road Traffic Act, 1968, enabled the Commissioner of the Garda to appoint "authorised persons" to issue the "tickets". These men came to be known as traffic wardens.
At first the Garda authorities themselves operated the system of traffic wardens, but as its operation extended, particularly in Dublin following the introduction of parking meters, it became more apparent that the control and direction of the wardens and the administration generally of the system of parking tickets was absorbing a disproportionate amount of the time and resources of the Garda. Accordingly, the Garda Commissioner came to an arrangement with Dublin Corporation whereby, on a basis agreed with him, they recruited and supervised the traffic wardens and assisted the Garda in administering the collection of payments on the parking "tickets", the Commissioner giving his covering appointment to the persons employed. Nearly 40 wardens are now employed in Dublin. Wardens are similarly employed by Cork Corporation and directly by the Commissioner in Limerick, Tralee, Killarney and Athlone. While the present informal arrangements in Dublin work reasonably well, it is desirable to regularise them and to give the full operation of the service to the local authorities and to enable other local authorities to operate it also if they think fit. This would be in line with a recommendation of the Conroy Commission. It is also in line with my general policy to devolve the powers and responsibility of local authorities. It will encourage them to take an overall practical view of the traffic and parking problems in their areas, not merely from the aspect of road construction. I may say that the previous Government had approved of proposals for legislation generally in line with those now before the House.
Under the Bill, a local authority may decide to establish a service of traffic wardens in their areas. This could be on a standing basis, or in the case of a smaller town with seasonal problems, on a seasonal basis.
Before proceeding, the local authority would have to consult the Garda Síochána, who would give them the benefit of their advice. The local authority would then take their decision, subject to the normal controls on pay and conditions of service operated by my Department in relation to local authority employees generally.
The wardens would be confined to administering parking tickets and checking the display of tax discs. Giving them this latter function should help in the enforcement of motor taxation, the proceeds of which go largely to the local authorities for road works. I shall have something more to say on this.
As to finance, the payments by the recipients of "tickets" will be made to the local authority concerned and, in so far as they exceed the cost of the wardens, will be retained by the local authority in accordance with regulations to be made by the Minister. The intention is that the regulations would require such sums to be used for roads and traffic purposes. If the cost of the wardens exceeded the payments received, the local rates would meet the difference, but there is provision for possible recoupment by the Minister. I should say that I would not envisage recoupment save in very exceptional cases, as I would regard the warden service as basically a local service.
It may not be feasible for particular local authorities to operate a warden service, and so the Garda Commissioner is still left with the power under the 1968 Road Traffic Act to engage wardens. And of course the gardaí themselves will continue in all places to have the power to dispense "tickets" for parking offences and will continue to enforce motor taxation. On this, I may say I am concerned at what I believe to be widespread evasion of motor taxation. The matter has been taken up with the Garda Commissioner and I am glad to say that I expect that, despite the very heavy demands on the Force at present, a considerable increase in enforcement will shortly evince itself. I am sure I have the support of all members of the House in appealing to the public to meet their responsibilities in regard to motor taxation. Not alone is the tax essential if the road system is to be properly maintained but it also provides a valuable source of employment throughout the country.
Nobody of course likes taxation, nor does anybody like controls on traffic and parking, or penalties, but the growth in traffic and the inevitable gap between demands on the road system and the capacity available mean that parking facilities must be rationed, and rationing must be enforced if it is to be effective. The Bill should therefore be seen as a useful addition to the powers of local authorities to enable them to operate the road system more efficiently in the public interest.
I commend the Bill to the House.