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Seanad Éireann debate -
Wednesday, 31 Mar 1971

Vol. 69 No. 15

Transport (Miscellaneous Provisions) Bill, 1971: Report and Final Stages.

It is suggested that amendments Nos. 1, 2, 3, 4, 5, 6 and 7 be taken together.

Government amendment No. 1:
In page 3, between lines 29 and 30, to insert the following new section:
The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column.

All of these amendments are related and consequential on one another and refer to a point raised by Senator Eoin Ryan on Committee Stage. He mentioned that there were a number of amendments and repeals relating to various statutes, which rather complicated the Bill, as drafted, and he suggested that a repeals schedule should be inserted at the end of the Bill. Amendment No. 7 is really the nub of the matter, in which the new schedule now specifies the precise sections in the various repeals in this statute.

This meets the point raised by Senator Ryan and is a very sensible way to approach the matter. As far as practitioners are concerned, and members of the public who want to ascertain expeditiously what their rights are, they are facilitated by specifying in this schedule the short title or subject matter of specific items of legislation, the session and the year of their passing, and the precise extent of repeal involved, section by section in each case.

I should like to express my appreciation to the Minister for meeting very fully the point which I raised on Committee Stage.

Amendment agreed to.
Government amendment No. 2:
In page 8, to delete lines 33 to 35.
Amendment agreed to.
Government amendment No. 3:
In page 10, to delete lines 19 and 20.
Amendment agreed to.
Government amendment No. 4:
In page 11, line 32, after "the Board" to insert "and after consultation with the trade unions representative of such drivers and persons".

Acting Chairman

It is proposed to recommit amendment No. 4.

Bill recommitted in respect of amendment No. 4.

I should like to express appreciation to the Minister for inserting this clause. Several Senators spoke on this section and most Members of the Seanad received representations from the union catering for locomotive drivers. From the reading of the amendment, it seems to me that the Minister has met very fully the case made by the representatives, and it is right that we should mention our appreciation in that regard. In fact, it is continuing a policy that has been in effect in CIE for many years. They have consultation with the unions concerned before any action involving the retirement of a driver is contemplated. It is a good provision and will lead to better relationships between CIE and the locomotive men.

As one of the Members who raised that, I should also like to welcome the change. I should like to express my surprise that the trade unions who have since made representation in the matter had not been in touch with us earlier. However, I am delighted that the matter has now been met.

As Senators appreciate, it is important that there be such consultation before any matter involving a particular person should be settled irrevocably. At least it is important that the regulations that we shall make will have been discussed with the trade unions concerned.

Amendment agreed to.
Amendment reported and agreed to.
Government amendment No. 5:
In page 12, to delete line 47.
Amendment agreed to.
Government amendment No. 6:
In page 14, to delete lines 4 to 9.
Amendment agreed to.
Government amendment No. 7:
In page 14, between lines 9 and 10, to insert the following new Schedule:
FIRST SCHEDULE
REPEALS

Session and Chapter or Year and Number

Short title or subject matter

Extent of repeal

8 Vict., c.20.

Railways Clauses Consolidation Act, 1845.

In section 48, from “all Trains on” to “an Hour; and”. Section 75.

14 & 15 Vict., c.cx.

Waterford and Limerick Railway (Deviations) Act, 1851.

Sections 20 to 22.

3 Edw. 7, c.cclx.

Strabane Raphoe and Convoy Railway Act, 1903.

Sections 41 and 42.

4 Edw. 7, c.cci.

Strabane Raphoe and Convoy Railway (Extension to Letterkenny) Act, 1904.

Sections 38 and 39.

6 Edw. 7, c.clxxxiii.

Great Northern (Ireland) and Midland Railways Act, 1906.

Sections 33, 35 and 36.

No. 29 of 1924.

Railways Act, 1924.

Section 55 (2).

No. 21 of 1944.

Transport Act, 1944.

Section 135.

Amendment agreed to.
Bill received for Final Consideration and passed.
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