asked the Minister for Justice the up-to-date position in regard to the formation of the new traffic by-laws in view of the fact that many towns are anxious to introduce same.
Ceisteanna—Questions. Oral Answers. - Traffic Bye-Laws.
10.
Traffic and parking by-laws are made by the Commissioner of the Garda Síochana with the consent of the Minister for the Environment. By-laws have been made down through the years and, at present, there are separate by-laws for 92 towns and cities.
I understand that it is proposed to have a single set of by-laws for the whole of County Cork which, inter alia, will replace the existing by-laws for various places in the county, that it is hoped that those by-laws can be made within a short period and that it is envisaged that they will be followed by similar by-laws for other counties.
Incidentally, I understand that a development which has contributed to delaying the making of the County Cork by-laws is a High Court action challenging the constitutionality of a provision in the existing Cork City by-laws, since the decision in that case could have a bearing on some provisions in the proposed County Cork by-laws.
Is the Minister aware that there are towns in County Cork—and indeed I am sure, in other parts of the country—which have been awaiting new by-laws for four or five years and that these towns are becoming more and more choked with traffic?
I understand that the question of the introduction of the county scheme which would cover all the towns in the different counties was agreed in principle as far back as February 1976, between the Minister for the Environment and the Commissioner of the Garda Síochána who has statutory right here, as the Deputy appreciates.
I do appreciate that.
We are very anxious to get the scheme under way. If we could get one scheme organised for one county, the rest will follow. I do appreciate that there can be frustration, and more than frustration, if things are not getting off the ground as quickly as they could. Unfortunately, the delay in getting this scheme under way is as a result of a court action taken by a person, within his rights of course, to contest the by-laws as they are at present. I shall bring the Deputy's concern over this delay, where towns are waiting for a number of years for the introduction of by-laws to the attention of the Garda Commissioner whose job it is to see that these by-laws are introduced.
As I understand from the Minister, the whole country—and we are in the lead in Cork—is awaiting by-laws and the delay is the result of a court case. Could the Minister tell the House what is the status of this case? We have been hearing about it for 12 months or more. Has this court case been disposed of?
It was decided by the Garda Commissioner, in consultation with the Minister for the Environment, that the making of by-laws would be held up until the High Court action taken by a Mr. O'Driscoll is determined. Briefly, the plaintiff seeks to have some provision in the existing Cork parking by-laws of 1974 declared unconstitutional. He claims the right to park outside his own premises.
His own car.
The case in question came up for hearing on 30 November 1979 but was adjourned at the plaintiff's request and was listed for hearing on 14 February 1980. It was further adjourned in February 1980 and is now listed for hearing during the present term. That is as much as I know about the situation.
Generally, would the Minister accept the point that there are more and more cars on the road?
I do.
There is growing frustration on the part of townspeople and there is a great urgency for something to be done about it.
I do accept that, certainly. The Garda Commissioner and the Garda are extremely concerned about the traffic congestion which exists and about their inability to deal with it. They would be very anxious to have the necessary parking by-laws brought into operation as quickly as possible.