, Dublin South-Central): I move that the Bill be now read a Second Time.”
The main purpose of the Bill is to provide for the permanent closure of the navigation spans on the Brian Boru and Clontarf bridges in Cork city and for the transfer of ownership of the bridges from CIE to Cork Corporation. Certain provisions are also included in the Bill in relation to the members of the board and the general manager of CIE.
The Brian Boru and Clontarf bridges, which span the north and south channels of the river Lee in Cork city, were constructed under the provisions of the Cork City Railways Act, 1906. The bridges were so constructed as to be able to carry road as well as railway traffic and, in addition, the Act provided that the bridges were to have opening spans to allow for the passage of vessels along the river.
Under an agreement made in 1948 between CIE, Cork Corporation and Cork Harbour Commissioners under the provisions of section 134 of the Transport Act, 1944, it was provided that the cost of working, control, management and maintenance of the bridges would be shared equally between the three parties, subject to the contribution by Cork Harbour Commissioners being payable only so long as any portion of the bridges continued to be moveable.
The navigation spans on the bridges have not been opened for vessels since 1961 in the case of Clontarf bridge and since 1963 in the case of Brian Boru bridge. Any craft now using the portions of quay upstream from the bridges would be small and would not require the opening of the navigation spans. Cork Harbour Commissioners agree that the opening spans are no longer needed.
In recent years, with increasing road traffic in Cork city, it became apparent that to improve the traffic flow over the route, and to alleviate the severe traffic problems caused by the necessity of frequent repairs to the existing bridge surfaces, the provision of a stronger and more durable type of decking on the bridges was necessary. The introduction of one-way traffic over the route aggravated the problem because road vehicles which might otherwise choose not to follow the route were compelled to do so in the one-way flow. The operation of trains over the bridges on the line between Albert Quay station and Glanmire station, which had been used by CIE for the transfer of certain freight traffic, became increasingly difficult, and the line has not been used by CIE since 1976. The freight traffic is now transported by road vehicles direct to Glanmire station for onward distribution on the rail network.
Following consultations between CIE, Cork Corporation and Cork Harbour Commissioners, CIE prepared proposals to have the bridges converted to fixed bridges and to have the railway lines removed completely. The three parties have concluded an agreement dated 12 July 1977 to give effect to these proposals and to provide for transfer of ownership of the bridges to Cork Corporation. The implementation of the agreement is subject to the enactment of this Bill. As Deputies will note from the provisions of the agreement, which is attached as a schedule to the Bill, CIE will convert the bridges to fixed bridges within six months and will remove the railway tracks and other equipment from the bridges within twelve months of the passing of the legislation.
Pending completion of these works, CIE and Cork Corporation will bear equally the cost of maintaining the bridges. Cork Harbour Commissioners will be relieved of any obligation to contribute to the maintenance of the bridges from the date of enactment of the Bill.
On completion of the works to be undertaken by CIE, and on payment by the board to Cork Corporation of a sum not exceeding £12,000 towards the cost of providing a more durable road surface on the bridges, ownership of the bridges will be transferred from CIE to Cork Corporation, who will then become exclusively responsible for their maintenance. Cork Corporation will indemnify CIE and Cork Harbour Commissioners against any possible claims for compensation for loss of private rights arising from conversion of the bridges to fixed bridges.
In addition to the provisions concerning the Cork bridges, the Bill makes certain provisions in relation to the general manager and members of the board of CIE.
Section 7 of the Bill arises from the general policy of taking control of the remuneration of the chief executives of State-sponsored bodies as and when the opportunity arises. The intention is to allow the CIE board freedom to fix the total remuneration of the chief executive—i.e. the general manager —within the range approved by me with the consent of the Minister for the Public Service. The present ranges of remuneration for chief executives of State-sponsored bodies are those set by the Review Body on Higher Remuneration in the Public Sector in their report of 11 July 1972, updated by the addition of increases in pay agreed under the various successive national pay agreements.
Under section 7 (2) of the Transport Act, 1950, it is provided that every member of the board of CIE shall hold office upon such terms and conditions as shall be fixed by the Government "at the time of his appointment". I have been advised that until this section is amended it is not open to the Government to alter the terms and conditions of a member of the board as fixed by the Government when appointing him, without his resignation and reappointment. Hence, to apply the normal approved increases in remuneration it has been necessary for the chairman or other members of the board to resign and be reappointed by the Government at the higher rate. To overcome this legal technicality it is proposed in section 8 of the present Bill to amend the existing legislation by the deletion of the words "at the time of his appointment"; in addition, provision is being made for the fixing of the terms and conditions by the Minister for Tourism and Transport with the consent of the Minister for the Public Service rather than by the Government.
I recommend the Bill to the House.
