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Seanad Éireann debate -
Wednesday, 4 Jun 1986

Vol. 113 No. 3

Dublin Transport Authority Bill, 1985: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

I had made a great part of my contribution on the last day here and my contribution today will not be a long one because it is not an area in which I have any expertise or great knowledge. Nevertheless it is a very important area. The explanatory memorandum which accompanies this Bill tells us that it provides for the establishment of the Dublin Transport Authority for the purpose of improving the planning and operation of road and rail transport and the management of traffic in the Dublin area and it goes on to list the main functions and deal with them in some detail: transport planning, transport funding, public transport services and traffic management. These have already been gone into in some detail in the Green Paper. Clearly it is a Bill of great importance. I welcome it and I hope it will be as successful as the Minister in his introductory remarks led us to believe it will. As I mentioned very briefly on the last occasion the car and motorised transport has had a much greater impact on society than we realise, to such an extent that, unfortunately, much of our planning is centred around the motor car rather than people, as it should be. People have suffered; the environment has suffered; the aesthetics of building and planning have suffered. While the car has been a great influence for the better it has like many other similar influences this unsatisfactory side also. The motor car has been to a large extent responsible for unsatisfactory side also. The motor car has been because without the motor car transport from the rural areas to the urban areas would not have been possible. In consequence there is the high cost of the infrastructure necessary in those situations, the roads, telephone services, water services and sewerage facilities. To a large extent we could blame this on the motor car. In other areas not immediately associated with planning such as the risk factors involved, the accident rate and so on are all related to the motor car.

One of the consequences of living in a rural area and commuting to the urban or city areas is that in some family situations two cars are necessary. This in itself brings on other pressures such as wage increases and so on. The motor car has this major impact which has not yet been fully comprehended or assessed. It is reasonable to believe that in future this influence will intensify rather than otherwise.

We have a major problem in the Dublin area and it is necessary to deal with it. It is of the utmost importance that it would be dealt with comprehensively and as quickly as possible.

In the Confederation of Irish Industry Information Sheet No. 3, May 1986, there is comprehensive coverage of the Green Paper and the views of the Confederation with regard to aspects of the Green Paper. It mentions on page 6 under "Urban Transport":

Transport infrastructure in the Dublin region, must provide an adequate infrastructure and traffic management system, to increase the efficiency of transport services and reduce costs. It should also be borne in mind that the road system in the Dublin region is part of the overall national transport infrastructure. It must not therefore be regarded in isolation or related solely to the provision of public or private passenger urban transport services. The Confederation fully supports the road development programme now under way. Improvements in the infrastructure would clearly benefit public and private transport operators.

I would try to emphasise that point, that while we are dealing primarily with the situation in the Dublin area it is most important to remember that this is only part of the larger national system and it is only in that context that we can deal adequately with this Bill and this problem. In so far as the Bill comes to terms with this requirement and the necessity to remember that at all times we are dealing with the capital city of this country but nevertheless that it should be part of the overall strategy and plan to deal with transport — only in that context will the problem be solved.

On my very few visits to London I noticed that the traffic seemed to move more smoothly. Delays seemed to be very short. The traffic lights seemed to hold up the traffic for shorter periods. Everything seemed to be more in line with clockwork than in this city. I wondered why and I still wonder at the great difference. One of the reasons must be the network of roads and the infrastructure and consequently investment to improve the situation is most important. I am not too clear as to what plans will result from this Bill regarding the actual investment. I know that there is provision to make recommendations to planning authorities and to the local authorities to take part in that area. I am not too clear as to what is the actual investment. There can be no satisfactory solution to this major problem without substantial investment.

We have a road structure which is very much behind the times. Apart from the road surface which in many instances because of potholes is in a bad state of repair, the base for the roadwork was not adequate to cope with the present day traffic. Our major problem seems to be that there was not enough investment in our roads. As one, who for many years was involved in road design, road operations, and seeing the problems that were involved, I know the great difficulties regarding improvement, but the major problem is finance. With our accession to the EC this was one area which I felt should have got greater support. This year a major campaign for road improvement is supposed to start. I hope it will.

We are all particularly concerned about our own areas. I came in from Navan to Dublin and while the road from Donegal to Dublin is a first class road and by and large is designed for traffic flows of 60 m.p.h. — and even parts of the road are still be improved — when one comes to Clonee, for about three miles of the road there is a bottleneck. The road is narrow: there is no grass margin on one side. It is impossible to overtake slow-moving traffic. It seems strange to me how roads well away from the city were improved and this bottleneck was left unattended. It would seem to me logical to start with the city and to improve the roads leading into it. In fact, this was done generally but for some unknown reason this particular road got no attention and the result is that if one is behind a JCB in the morning or is behind slow-moving traffic one must move at a snail's pace at about 5 m.p.h. into the city. No improvement would be possible I think with that situation. While I pinpoint this case which is known to me personally I am sure that many other Members of the House would be able to pick out similar situations in their own areas. So, if you take that on a national level there is a major problem with regard to the infrastructure and design of roads, the foundations, with widths of roads, the alignment and so on. It is necessary to deal with all of this before any great improvement would be possible. This demands investment and without nit picking it seems wrong that no provision is being made for this. However, that may well be otherwise provided for and I would welcome a comment on this from the Minister when he is replying.

I found the Green Paper on Transport Policy very helpful. It was very comprehensive. The problems were dealt with and the solutions listed in an easily-understood manner. There is reference to the Transport Consultative Commission's report which was published in 1980. We are told that the commission saw the first priority in Dublin as a reduction in traffic congestion, particularly at peak hours and proposed a series of traffic management measures to bring about improvements in the short and medium term. Over the years I have noticed, particularly recently, a great improvement with regard to traffic flow. This morning I came in from Ashbourne and there was no delay. This must be due in large measure to the proposals of the Dublin Transport Task Force. The Minister has paid tribute to that task force and I would like to do likewise. It is obvious that in some instances, particularly in the outskirts of the city, the problem has been dealt with to a large extent by the provision of traffic lights, and while traffic lights may have an important role to play, in many instances the provision of traffic lights has resulted in slowing up the traffic. I realise that gardaí cannot be on point duty in all these places and some consideration will have to be given to that aspect of it. While I would be critical of it to some extent, I must pay tribute to the work of the task force. My experience is that a great improvement has been effected over the last few years.

The Green Paper stated that progress in achieving the objectives of the commission has been slower than expected and it lists a number of reasons for this. No. 1 was industrial relations problems and that is one I do not want to go into. I do hope that some improvement will be made in this area and I am sure it will. In a situation where workmen are not satisfied and find it impossible to carry out their work properly and well, there will be discontent. If this Bill is a success it will bring about a situation where there will be an improvement with regard to traffic flow and other areas and I am sure the industrial relations problems will also be reduced.

Progress in the introduction of parking controls has not been as fast as recommended by the commission. The Green Paper has stated that the levels of parking charges and on-the-spot fines to date has not been sufficiently high to discourage long-term parking. It is hard to understand why this has not been a success. With the increase in the numbers of traffic wardens to 109 full time and 15 part time, it is difficult to understand this problem. I know the traffic wardens have a difficult role to play. I would like to see part of their role being to help motorists rather than appearing to be ready to pounce on the motorist who is parked illegally. While saying that I do not have any sympathy for the motorist — and I know there are many of them who want to drive right up to their shops or places of destination and have no regard for anyone else. Constantly we see white or yellow lines ignored and we see traffic lights being ignored. Notwithstanding the substantial increase in the traffic warden service and increases in the penalties for illegal parking enforcement measures have not succeeded in effectively controlling illegal parking.

Finally, we are told that the statutory body with responsibility and necessary powers for overall transport management which the commission envisage as essential will only come into being following the enactment of this Bill which is before us. So, for that reason it is most important.

The duties of the Dublin Transport Authority are set out in section 8 (4). It states that in the performance of its functions the Authority may (a) promote, engage in and participate in programmes of public education relating to road and rail transport in the authority's functional area; (b) promote, engage in and participate in research relating to road and rail transport in the Authority's functional area and (c) promote the greater use of public transport in the Authority's functional area. These are all very important rules.

Education is most important and this is an area where the traffic wardens could also co-operate. Regarding the flow of traffic, to promote the greater use of public transport within the Authority's functional area is perhaps the most important objective of all. To discourage private motorists from overplaying their role it is important to provide a good public transport service and anything of that kind that follows from this Bill can only help in that regard.

Section 15 is the longest section in this Bill and deals with traffic wardens, so I am quite sure the Minister would agree with me about the importance of the traffic warden's role.

Part 3 of the Bill deals with town planning and this incorporates section 24 to section 28. Section 23 empowers the Authority to make recommendations to the Minister for Communications as to public transport facilities which the Authority consider should be provided in their functional area. Section 24, as we are told by the Explanatory Memorandum, empowers the Authority to make recommendations to the relevant planning authorities in their functional area as to the content of their development plans prepared under the Local Government Planning and Development Act. These two sections empower the authority to make recommendations but what is the value of making recommendations? I am sure these recommendations do not have to be accepted, that it is possible to make recommendations at present. For example, under the five year plan prepared by the planning authority it is possible to make recommendations. Indeed I believe that it is the practice at present to make submissions and these must be taken into consideration. As I understand it, the Bill does not have much further bite in that regard. Recommendations would be considered, I am sure, but could be rejected for various reasons, mostly from the point of view of finance. I cannot see any great advance from the present situation where submissions have to be taken into consideration by the planning authority under the provision of the five year plan. This Bill does not envisage any further developments.

The Minister, in his comprehensive introduction, told us that the strategy of the Bill was aimed at keeping Dublin's traffic moving swiftly but safely. It is important that we consider the safety element and at the same time consider the provision of adequate short term car-parking facilities for persons coming to the city to do business. It is also envisaged that it will secure better physical planning and as I have already said, there is adequate provision at present for proper planning if the finance is available. In implementing the five year plan it is important to consider the finance available. Of course the five year plan is not mandatory in that what is proposed in it does not have to be carried out: it simply means that proposals would have to be accordance with the provisions of the plan. There is no compulsion to see the plan through. In fact at the end of the five year term I am sure many of the provisions will not have been accomplished. In that respect we have at present adequate provision to secure better physical planning.

In this country, as in Sweden and other advanced countries, it should be a provision of any plan that the local people would have an input. For example, in Sweden when envisaging the design of a housing scheme the local people make their input at an early stage and indeed throughout the entire scheme. We should encourage this type of input here and in that way we would make people more responsible and more concerned about their own environment. The Bill should encourage that type of participation of liaison which would be very important. As I have said, in other advanced countries where something as small as a variation in a streetscape is envisaged, the local people are involved and what ultimately transpires is, they feel, part of their plan. In this way the people become more responsible and this extends even to litter and concern for their environment generally.

The Minister, quite rightly, emphasised the importance of transport and he listed the three Bills concerning transport that have gone through this House in a very short time. Three further transport Bills are now before the Dáil and he mentioned that it is his intention to initiate further Bills in this House. I would take this opportunity to thank him because this House can play an important part in any Bill. In my short time here many important Bills have been initiated in this House and I welcome the Minister's promise to introduce more Bills here.

The Minister in his introductory speech stated that the Authority would have the right to make recommendations to the local authorities and I would be critical of this. Something more definite is needed there. They will also have the right of consultation with the local authorities and An Bord Pleanála. They have this right at present. In the case of any appeal that goes before An Bord Pleanála it is open to any interested party to make submissions. In the whole area of transport I cannot see a situation in which bodies such as CIE involved in that area would be ignored if they made submissions to An Bord Pleanála or to the planning authority. They would have to be taken into consideration. The Bill does not make any great advance in that regard.

With regard to giving power to local authorities to provide ramps, I know of a number of situations in the recent past where elected representatives suggested that ramps be used in certain locations. The situation at present is that a local authority do not have the power to provide ramps. While this only refers to the Dublin area, I realise it is a start. I see ramps used on private property to slow down traffic and they seem to be a success. I am quite sure that in built up housing areas they could be equally successful, if they were discretely used. It will be interesting to see what improvement this change will make.

It would be interesting to know if there is any back up in the way of engineering advice with regard to the provision of ramps. Ramps to me, seem rather horizontal on the surface. Traffic would be slowed up equally well by bends for example. I have mentioned before that in road design the emphasis is on removing bends and in some cases replacing them with curves. Nevertheless the whole emphasis is on increasing speed. It seems, with regard to ramps and bollards, the emphasis is on the other direction, slowing it up. I would make the point that while ramps have the effect of slowing down traffic — simple bends I suppose from the environmental point of view, are far more attractive than straight roads and curves always look more attractive — bends and cul-de-sac roads would be a more acceptable way of dealing with this problem.

The Minister paid tribute to the task force and I have also paid tribute to them. There is no doubt in my mind that their achievement, all the more so since they are a non-statutory body, is measurable and they have achieved much. The Minister told us that the Authority's planning functions exclude a substantial element recommended by the commission, namely that the Authority would draw up a comprehensive Dublin transport plan. The Minister told us that such a plan, when approved by the Government, would be binding on all concerned. This recommendation was not accepted because of the risk of duplicating the ongoing planning work of the local authorities and CIE. I am slightly confused in this area. It seems that the proper course would be to draw up a comprehensive Dublin transport plan. Nevertheless, the local authority have the expertise and the engineers to do that. I suppose, if the requirements are laid down by the Dublin Transport Authority it would be a relatively simple matter to have the actual plans prepared. The implementation of the plans of course, is another matter. I hope, in implementing these plans, whatever they may be, that conservation, the buildings and all the aspects with regard to the environment would be taken into consideration. I have no doubt that this will be done. I suppose, to a large extent, we could say that the problems regarding what has been called the destruction of Dublin have not been related to roadworks or to improvement in the infrastructure. I simply make the point in passing that whatever is done should take congnisance of the onus that is on us to preserve what is worth preserving. In this city we have much to preserve.

With regard to the power which this Authority will have to make recommendations with regard to roadworks, I agree that it seems necesasary to impose some constraint in this regard. I hope that the tourist season will be taken into account, the impact on tourism which is most important. It seems that in many ways our policies have not been integrated over the years. The Confederation of Irish Industry leaflet makes that point on page 3. It states:

In many cases investment decisions have been in response to issues which are not related to transport. This would include decisions to stimulate employment in such sectors as construction or as a result of political pressures.

Some employment schemes involving roadworks might not necessarily be as a result of political pressures. They could very well be related to social pressures, and reducing the stresses regarding unemployment in certain areas. I feel that transport cannot be taken in isolation. All these things must be taken into consideration. It is like seeing roadworks done in certain areas where land reclamation might be carried on a few years later and where the top soil could very well have been properly used and the two schemes could be integrated. This does not seem to take place. It is unfortunate. From that point of view, whatever kind of co-operation results because of this Bill, everybody will welcome it.

We have those problems which should be integrated. I am not too sure what impact the Transport Authority will have regarding the actual times when roadworks are carried out, because they will be disruptive no matter when they take place. At some times they will be more disruptive. This must be the important consideration.

Towards the end of his contribution, the Minister then referred to the heavy penalties, £1,000 and up to one year's imprisonment on summary conviction or £50,000 and or five years imprisonment on conviction on indictment. It seems that these are very heavy fines. They are related to unauthorised disclosures of information by a member of employee of the authority. I cannot understand how divulging this information could be of such importance. Perhaps the Minister would elaborate on this in replying to the debate. The fines seem particularly high. They are also related to unauthorised roadworks. I am not too sure in what situation unauthorised roadworks are carried out. Even for a simple connection to a water main it is necessary to get permission from the local authority. It is necessary to pay a fee and to restore the road properly. I am not aware in what situation unauthorised roadworks could be carried out except in a situation where somebody, deliberately, for some reason, would attempt to interfere with roads.

I welcome the Bill, which is a comprehensive one. I do not underestimate the difficulty with regard to developments in this area. We have seen this development over the last 30 years and I am sure it will continue. It is very difficult to envisage the further developments that will take place.

There is provision in this Bill, by way of order, to deal with other problems which may arise and to make provision for problems which could not be envisaged. I welcome that aspect of the Bill. Motorised transport, particularly the motor car, has made a major impact. While I welcome progress, in many areas it is unfortunate that all of our planning now seems to hinge on the car rather than the person. Perhaps this Bill, is acheiving its objectives, will bring back the individual as the focal point in our planning laws and regulations.

I, like Senator Fitzsimons, would like to welcome this Bill. I say this in particular because of a very longstanding commitment that other members of Dublin Corporation and myself were responsible for exhorting what is now known as the Department of Communications, during the 1974-76 period to get on with, namely the formation of a Dublin transport authority. The necessity for having a Dublin transport authority becomes particularly real when one examines the number of agencies that are involved in dealing with the broad issue of providing for public and private transport in the Dublin region. We have not only Dublin Corporation and Dublin County Council but within each of these two large local authorities we have at least three departments handling different sections of the problem: on the one hand, providing the necessary road framework, and on the other hand, dealing with long term planning and handling the management of traffic in conjunction with bodies such as the Garda Síochána, CIE, who are responsible for public transport, and at least three Departments of State whose functions impinge on this area. It is important to get one organisation responsible for the movement of traffic, public or private, and for goods within the greater Dublin area.

This Dublin Transport Authority Bill setting up the Dublin Transport Authority not only deals with that, but goes on to deal with a whole range of improvements in the management of traffic which I know are very welcome and very necessary. Many of these have been sought by my traffic authority over the past five years, issues such as the need to give proper legislative authority to bodies like Dublin Corporation and to provide bollards, road ramps and wheel clamping. Such provision is very necessary with the congestion of our streets and the degree of the abuse of the residential areas of the city by through traffic and by traffic which abuses it by not only rat-running through it but parking in it during daytime hours.

I notice that part 2 of the Bill in defining the Dublin Transport Authority, mentions that the Authority is there for "the proper and efficient planning and operation of road and rail transport in its functional area". It goes on in subsection 2(c) to mention that the particular role of the Dublin Transport Authority will be to promote the greater use of public transport in the Authority's functional area. I very much welcome the emphasis given in that subsection to the need to increasingly provide public transport. As other contributors to this debate have mentioned, including the Minister in his very expansive introduction to the Bill on Second Stage, over 600 new or re-engined buses have been provided to CIE's Dublin service fleet, which now number about 840 buses in all. This has come since the Dublin transportation task force went into operation. He said the bus lanes have been successfully implemented in 65 locations covering virtually all the main arterial routes in the city centre, that the traffic warden service has grown from a small number working on a part time basis to 109 full time and 16 part time wardens and that 1,700 on-street car park spaces, formerly available for all day parking, have been converted into short stay space used for the provision of parking meters.

It is good to have recorded in the Minister's speech the successful moves that the Dublin transportation task force have been able to make in relation to the provision of new buses, the introduction of bus lanes and the increased provision for temporary car parking. They have achieved other things which have not been mentioned in this speech: they were responsible for recommending the contra-flow on the quays following the building of two additional bridges, which has considerably eased congestion in the city.

I hope on two counts that the Dublin Transport Authority will be exhorted to look further at the way forward in relation to traffic management. The Minister said:

I wish to see the authority develop a comprehensive parking strategy in favour of the short stay parker as against the all day parker. Such a strategy would embrace off street and on street spaces, charges, parking periods and types of parking controls.

I come to the types of parking controls that could be available in this city. We seem to have a rather blindfolded approach over a lengthy period of time wherein the only available method of controlling car parking on the streets of this city is the parking meter. I hope that we can look in the immediate future at alternative ways of controlling car parking such as the disc system which works successfully in other cities, and which does not disfigure the city to the extent that 4,000 steel units do at present even around the No. 1 area of this city, which incidentally is an important tourist attraction. This affects the tourists who come into this city, as well as the residents, many of whom have had to put up with the existence of increasing numbers of these rather disfiguring units. There could be a great deal more attention given to looking at the other ways of controlling car parking, particularly as the parking meter has not been conspicuously successful in relation to enforcement. We have no reason to take off our hat with any degree of certainty that that is the method that is likely in the future to be the most successful in controlling our car parking arrangements in the city. For that reason I exhort the Dublin Transport Authority to look at the type of parking controls that could be used and to see if other systems could be looked at as well.

I gave some attention to this when I started to notice in Part II of this Bill the emphasis placed in drafting the Bill on the greater use of public transport. In this regard I am, unlike Senator Fitzsimons, happy with the fact that we have by way of the arrangement on communication between the new Transport Authority and the local authorities, the word "recommendation" used rather than any form of direction relating to the way in which the Transport Authority may have, at planning stage or at a stage in which a local authority may be preparing their development plan or a recommendation in relation to road development, an understanding that it is important that the local authority continue to have a fair degree of accountability and a fair degree of independence in relation to these areas. I hope that in the first place the position of the local authority within the framework of this Bill will continue to be one of importance and that there will be an increased communication from the Dublin Transport Authority over the years and one that will be increasingly valuable to the construction of a transport system, both public and private, that will be an improvement on what we have got as of now.

It is important that the use of public transport, within the framework of the overall interests of the transportation Authority, will be such to promote greater use of this area and avoid, as far as possible, the rather single-minded approach that has been the fate of city engineers in Dublin for a considerable time past in promoting almost exclusively the development of a road system almost without any cognisance of the varied types of uses or the alternative uses that could be brought into the city centre. I say this fully conscious of the decision of the Minister for the Environment a fortnight or three weeks ago relating to a particualar sensitive part of the centre of this city in the vicinity of Nicholas Street and Patrick Street where it is now intended to improve the road, I contend totally out of proportion to what is necessary in this area. There has been a reduction in the use of this stretch of road. It was the subject of a compulsory purchase oral hearing earlier this year and which was confirmed by the Minister for the Environment.

The scale of this road in this area is totally out of proportion to the historic attraction of the area centred between St. Patrick's Cathedral and Christ Church. It removes the contour of the ancient street line. It is the sort of road development that does not balance out with what could have been done by road improvement while still retaining the character and appeal of the area. It does not result out of enough significance given to the modes of public transport that could be developed and the bias that could be given to public transport in central city areas.

My criticism of that proposal is well known in the sense that I took the opportunity of making my views known at the oral hearing about a year ago. I have been very closely associated with those who would like to see this proposal scaled down. We will have another opportunity of scaling it down when the detailed road design is presented to us at City Hall presumably within a short period. As I understand it the detailed road design in this has yet to be presented to us.

I welcome this Bill for a variety of reasons not just because it sets up the need to face the issue of a transport authority which has been long sought in this city and indeed in the county of Dublin but also because it manages to deal with so many areas of traffic management improvement which have been sought over the last five years. Many of these are important in themselves but also important because of the environmental improvements they are bound to bring with them, such as the bus ways, bollards protecting residential areas from through traffic and from the kind of abuse that we are all too well accustomed to and which residents have great difficulty in dealing with, road ramps to try and control the speed of traffic and wheel clamping in order to attempt to deal with cars and vehicles that are parked where they should not be parked.

There are two particular areas that I want to mention at this Stage. I hope that the Minister between the conclusion of the Second Stage and Committee Stage will consider the need for an amendment to the Bill in relation to one area. There is no doubt that one of the most frustrating areas is the lack of by-laws and legislative powers affecting traffic management in this city, and I am sure affecting many other urban areas throughout the country. I refer to the lack of control in the matter of the parking of articulated trucks and vehicles in the centre of towns, more particularly in residential areas, at night time, many of these parked in an unlit fashion, sometimes with the vehicle and the articulated component either badly lit or unlit. It is fair to say we have experienced over the years a worrying number of fatal accidents which involved people driving into these vehicles.

We also have the problem of the number of skips that are left around areas where building construction may be going on. We have a provision in this Bill, section 41, dealing with vehicles involved in building construction sites. There is not just the problem of vehicles but also the problem of skips which are not drawn by a vehicle. They are deposited there and are more likely to be seen on smaller construction work than on the larger sites. Very often these skips are left unattended for months on end, and I hope it will be possible for the Minister to move a minor amendment of his own on section 41 in relation to this area.

On the parking of commercial vehicles, of these articulated trucks and lorries in residential areas particularly, I should mention that in 1980 the Dublin City Council passed a new set of by-laws which went for approval to the Department of Local Government at that time relating to the control of these articulated trucks and commercial vehicles and particularly the ones that offend me most, the vehicles that are very often parked in residential areas, either unlit or parked in an area which is badly lit. They cause great danger to road users and pedestrians and everybody concerned, quite apart from the unaesthetic way in which they harm the amenities of an area.

When this by-law was passed and brought to the Department of the Environment or sent for the seal of the Minister, the Minister declined in 1980 to have this enforced by way of a by-law, whereas he adopted a number of other by-laws that were requested at the same time. I have been in consultation with senior officers of the corporation, including the chief traffic engineer and others in recent weeks and I am quite satisfied that there is no area — and I speak here of the need for bollards, road ramps, wheel clamping and busways and all the other measures that are included in this Bill — which is of more concern to the vast population of this city or to the hundreds and thousands of residents' associations throughout the city than that which is the plague of every public representative who has to contend with this problem of commercial trucks and articulated vehicles parking in residential areas. An answer has got to be found. I would hope that because of the numbers of complaints received — and I am told in the County Borough of Dublin alone they receive a complaint once every day and it continues throughout the year. Those are new complaints, not to talk of the numbers of repeats coming from people who are concerned about getting some law into this area of controlling these vehicles. Particularly when there are commercial car parks available for these vehicles, encouragement could be given that these vehicles be parked elsewhere.

I would hope, with the co-operation of the Minister, that an amendment which I intend presenting on Committee Stage will be considered seriously by him with a view to improving this Bill as it stands. I am talking particularly about sections 33 and 34 which deal with the whole question of parking of vehicles on public roads and the immobilisation and removal etc. of unlawfully parked vehicles. It seems to me that the section dealing with the control of commercial vehicles parking in residential areas, the articulated truck in particular, would be very much an improvement of the Bill which would thus finally emerge not just as a Bill concerned with the future road and rail development of the Greater Dublin Area but as one concerned, as it is, with so many improvements of an environmental character, which would be a prelude presumably to a future Bill which would apply to other urban areas in the country that would enhance so many towns and cities and residential areas in particular and give much greater safety and protection to the people.

In the course of this short contribution I want to refer briefly to the delayed action on a Dublin Transport Authority. Secondly I will refer to privatisation which the Minister dealt with, and third, I will comment briefly on the area of industrial relations.

The laws and framework for transport in Ireland were designed for an era when railways formed the basis of our transport system. That era is long since past and the reality today is that CIE have a very small share of the total market for both passenger and freight services. Privately owned road transport, including, of course, the motor car and trucks, as we can all observe, have now grown to such an extent that rail-based CIE transport continues to be in a serious financial position. Transport reforms are, therefore, necessary and an updating process is necessary. Although we, on this side of the House, have serious reservations about certain aspects of the legislation, including the Bill before us, new legislation is both necessary and, generally speaking, welcome.

I want to refer to the delayed action in relation to establishing a Dublin Transport Authority. I first want to register my disappointment at the delayed action on the 1980 Report of the Transport Consultative Commission. I should like to pay tribute to the Chairman of that commission. Professor Michael MacCormac of UCD who, with his very hard working committee, produced an excellent report which received widespread acceptance. The MacCormac report envisaged that within six months an interim transport authority would be in operation. Here we are, however, more than five years later with this Bill before us which represents a considerably watered down version compared with what was proposed by the MacCormac Commission.

On the issue of privatisation, the Bill envisages that the Dublin Transport Authority will take over responsibility from the Minister for Communications for the licensing of private bus operators to provide public transport services in Dublin if thought necessary. I welcome this provision and hope that it will be addressed in a serious manner. Public transport does not have to be publicly owned. If the DTA see fit to license private bus operators, then there should be a mixture of profitable routes and less attractive ones. There is no point in allowing the private sector to cream off only the most profitable routes.

That having been said however, private ownership of some services would have a favourable effect on two critical factors, namely, price and service. There is clear evidence available that privately run freight and passenger services at present are able to offer lower prices than CIE.

Again, on the question of service, there are indications that job satisfaction and morale are lacking among CIE employees. As far as Dublin City buses are concerned, one cannot help but get the impression that some busmen are not really interested in business. Private operators could not afford such a luxurious attitude. If properly monitored, private bus services should lead to a more efficient and cheaper service and the bigger market share that would be generated would mean that jobs would not be in doubt. Given the background that there is a shortage of State funds in this country as in most west European democracies, several countries abroad are moving towards privatisation of public transport and Germany and the Netherlands readily come to mind in this respect.

I now want to turn to industrial relations in CIE about which the Minister in his opening speech expressed considerable concern. In his speech, the Minister expressed the view that the new organisation structure for CIE — that is the other Bill before the House at present — will enable any management defects in the industrial relations area to be remedied. I hope he is proved right. The reform of industrial relations is not solely a structural problem. One yardstick for the measurement of the industrial relations problem in CIE is the number of working days lost.

The Department of Industrial Relations in UCD, with which I am personally associated, has been engaged in a study of strike activity in Ireland from 1960 onwards. We have some hard statistics on this. Among other things, the study shows that in the 25 year period 1960 to 1984, 94 strikes took place in CIE which accounted for 857,200 working days lost. The Minister in his speech drew particular attention to the problem of unofficial strikes in CIE. Our strike data at UCD showed that of the 94 strikes in the 25 year period, almost two-thirds were unofficial strikes. Dublin city bus services accounted for most of the working days lost.

The railways and the provincial road transport services were rarely involved in the strike activity. While both management and unions have a joint responsibility to foster good industrial relations, management have a particular responsibility for their creation and maintenance. CIE are in need of a greater commercial orientation and measures must be adopted to improve motivation and performance.

One of the more positive developments that has occurred in CIE in the recent past is the DART service. Earlier I made reference to the importance of the quality of service. I am happy to record that DART is providing an excellent service in every sense of the word. It must, of course, attract many more passengers if it is to make a profit. It must be clearly understood by all who work in CIE that passengers, that is, customers, are vital to the progress of the company. If the company, including DART, is sufficiently sensitive to customer needs, then the necessary increase in the number of customers using DART will be facilitated. The overall impression is that DART is giving a high quality service and it has boosted the image of CIE.

In conclusion, I would like to raise one question to which I hope the Minister will reply when responding to Second Stage. Is it still proposed to have an integrated rail transport centre in the Temple Bar area in Dublin city?

The Minister has asked me to thank all the Senators who have contributed here in the earlier part of the debate. I should like to express my own thanks for the excellent contributions this afternoon. The Minister is very much heartened by the support for the concerted efforts to remedy the road traffic and transport problems of our capital city. As we know, a great effort has already been made by the Dublin Transportation Task Force. I know that this will be continued by the Dublin Transport Authority who will pursue this with renewed vigour and vision. This is the work that the task force has begun and it will be continued by the Dublin Transport Authority.

Some Senators suggested that the Authority will not have enough power to undertake its vital tasks. I think, "no teeth" was the manner in which Senator Mark Killilea expressed the reservation that he had about the Authority in this respect. The Minister is satisfied that the Authority have sufficient power under this Bill to start with. With dedication they will achieve very worthwhile results and will be able to achieve them quickly. From all the contributions we have heard in this House the speed with which these results will be attained is of great importance. It is not, of course, as important as the end results themselves but ranks with them. The Minister will be monitoring the Authority's performance very carefully from the start and if in the light of their performance it would be desirable to give them extra functions, then section 9 of the Bill will provide the means for doing this. While the detailed examination of the provisions of the Bill will arise on Committee Stage, I would like to take the opportunity to reply to a number of points raised during the Second Stage.

As regards CIE's proposals for rapid rail, Senator Killilea asked if the Minister had discussed these proposals with CIE. He has not. These proposals were made in a report commissioned by CIE and completed in 1975. They involve the provision of electric rapid rail transit links to the Tallaght Ronanstown/Clondalkin area linked by an underground city centre network to the electrified Howth-Bray line. These proposals have been discussed at official level over the years since then. It is quite a while ago, 1975.

CIE's stance in relation to the proposals centred on the availability of resources — some hundreds of millions of pounds would be involved in funding the proposals — rather than an adequate appraisal of the need for rapid rail and its full capital and operating costs or considering lower cost alternatives, like busways. It will be for the Dublin Transport Authority to comprehensively examine public transport needs for the Dublin area and to make their recommendation to the Minister as to the nature and extent of the new provision to be made, whether road, rail or a combination of both.

Senator Ferris in his contribution referred to the underground railway system in Boston and the recently completed one in Brussels. All of us who have travelled on the one in Brussels — and it is modern by comparison with the better known and more famous undergrounds — will have recognised the great advantage that exists in this particular underground in movement around that city. Senator Ferris urged that consideration be given to such a system for Dublin. He rightly referred to the high capital cost of such systems and, of course, many of these projects all come back in the final analysis to the cost factor, not to desirability. Most of these would be desired and welcomed by everybody but it comes back to the cost involved and the cost benefit and looking at all the alternatives to find out which is the more appropriate both as regards the service it would give in the final analysis and the cost to put it there.

The question of an underground system such as that referred to by Senator Ferris or an extension of DART needs to be considered in the context of overall public transport needs whether by road or rail and, of course, in the final analysis, the available resources. This will be a function of the DTA. Its immediate priority will be to review public transport needs in the Tallaght and other developing areas to the west of the city, as the Minister emphasised in his opening remarks in the House here on 28 May. I think everyone accepts that a chaotic situation exists at the moment for people seeking to move in and out of the city and indeed around the city from Tallaght and those highly-populated developing areas to the west of the city.

A number of Senators raised the question of how it is intended that the Dublin Transport Authority will relate to CIE's Dublin bus and suburban rail services. The main purpose of establishing the Dublin Transport Authority is to radically improve the planning and operation of road and rail transport and the management of road traffic in the Dublin area. Improvement of CIE's Dublin transport operations is a key element of that remit. Section 8 (c) of the Bill makes it a function of the Dublin Transport Authority to promote the greater use of public transport in the Dublin area. Having regard to overall public transport needs of that area the Dublin Transport Authority will specify the requirements that CIE should try to meet in the provision of their Dublin bus and suburban rail services within the limits of the Exchequer subvention decided by the Government. Before CIE can vary their fares for such services, they will require the approval of the Authority with ministerial consent so as not to undermine Government decision on the overall CIE subvention which has been working very well with considerable improvement in it in this respect in recent years.

The Dublin Transport Authority, in close co-operation with CIE will be endeavouring to foster greater and better usage of the expensive public transport resources entrusted to CIE through the elimination of unnecessary duplication between road and rail services, provision of proper feeder services for DART, tailoring or devising services to meet transport needs of major new areas of population and so on. The Dublin Transport Authority will have the responsibility to complement CIE's operations and to arrange adequate taxi services with scope for appropriate private bus services so that overall, they will be properly co-ordinated with a varied public transport service in the Dublin area giving the best possible service to the citizens and again, all the time taking into consideration the cost factor.

Senator Ferris referred to a general provision for State bodies whereby persons who are nominated for election to the Seanad, even against their will, cease to be members of those bodies on such nomination although they may not, in fact, be elected to the Seanad. I am glad to inform the House that the Bill was amended by the Dáil to ensure that parliamentary candidates per se will not be required to give up their membership of the DTA board or to be seconded if members of the DTA staff, until they take their seat in the Dáil, Seanad or European Parliament as the case may be. I know that an objection could naturally arise if a person had to give up the seat on the DTA board as such by being nominated for the Seanad. I am sure that any Member who successfully gets into the House will be rather pleased to give up the seat on the DTA board, important and all as that will be for the future development of transport in the capital city.

Section 16 of the Bill deals with DTA staff and paragraph 4 of the Schedule to the Bill deals with members of the DTA board. Senator FitzGerald drew attention to the fact that the only form of parking restraints, if you like, other than parking in an illegal fashion, was parking, meters in the Dublin area whereas Dún Laoghaire has had disc parking recently introduced and Cork has a similar system which has been successfully operated for a good period. The Dublin Transportation Task Force is considering this whole question at the moment. I understand that a pilot Pay and Display scheme as operated elsewhere will be introduced in the Dublin area shortly and I understand that part of Senator FitzGerald's own area of Dublin South East — the Ballsbridge area — may in fact be the area in which the pilot system will be tried out.

Apart from what the Dublin Transport Authority can do under this Bill there is much that the local authorities can do, whether as road authorities or as planning authorities, in the ordinary way to avoid unnecessary congestion and disruption to road traffic. It is very much to be hoped that they will keep an eye on this aspect, not least the cost effectiveness element. Unfortunately as far as planning public transport is concerned, development plans under the Local Government (Planning and Development) Acts do not generally give adequate coverage to public transport provision. Senator Fitzsimons referred to this particular aspect. It is for this reason that section 24 of the Bill specifically empowers the Dublin Transport Authority to have an input into local authority development plans and it requires the local authorities to respond to the Dublin Transport Authority. As it is, CIE have little opportunity for making an effective input into the physical planning process.

Section 23 — these are points again raised by Senator Fitzsimons — gives the Authority the entree to the Minister for Communications enabling them to make recommendations to him as regards what public transport facilities are needed from time to time. Taken together, sections 23 to 26 make it clear that the Dublin Transport Authority have a role in the planning process under the Planning Acts and in the provision of the transport infrastructure. Referring back again to what Senator Killilea said about the lack of teeth, which I think was unfounded, this is another area in which it can be seen that the Dublin Transport Authority will have real power and influence and teeth, to use the terminology used by Senator Killilea.

Public investment in roads and public transport needs to be assessed in a co-ordinated way because of the need to provide a comprehensive solution to the transport problems in the Dublin city area. Lack of co-ordination has been a source of grievance down the years as best exemplified by one particular authority tearing up the roads, doing a lovely job and returning it to its normal situation, when it is followed in a month or a week later by some other authority.

Section 21 of the Bill in particular gives power in this particular area. Under that section the Authority will be obliged to assess the position and make recommendations to the Ministers for Communications and the Environment, having regard to the available resources and the Government's financial position.

Section 90 of the Road Traffic Act provides power for control of parking on public roads via the by-laws that require the approval of the Minister for the Environment. This is apropos of the point raised by Senator FitzGerald on which he announced his intention of perhaps introducing an amendment on Committee Stage of the Bill.

Section 90 of the Road Traffic Act provides power for the control of parking on public roadways and this is done via the by-laws of the various local authorities which in turn require the approval of the Minister for the Environment. The reasons such by-laws have not been made use of should be made known and perhaps it might be possible for Senator FitzGerald to explain the precise difficulties that arise in the Dublin area. I understand the problem as far as skips are concerned. I do appreciate the danger they can be, unlighted and in particular at night, but I understand that the Garda are particularly vigilant in this area as far as the public roads are concerned.

I also fully accept the point Senator FitzGerald made about the large articulated trucks that are being parked in residential areas overnight or for, perhaps, two or three days and there is a difficulty there. We certainly will be pleased to see what is incorporated in Senator FitzGerald's amendment. The on-the-spot fines of course have been used in many instances and are one of the methods to combat illegal parking with the large number of traffic wardens in use, but they have not succeeded in making a worthwhile impact on illegal parking. That is the reality of the situation. The effectiveness of the on-the-spot fines system and associated follow-up where fines are not paid within the required 21 days is currently being assessed at interdepartmental level. It is hoped that improvements will manifest themselves. Back-up physical measures such as tow-away and wheel-clamping measures were referred to by a number of Senators and these measures need to be resorted to on a widescale basis. Section 34 of the Bill makes the first provision for wheel-clamping in Irish law. The UK experience of some years proves how effective this can be.

Senator Hillery asked a specific question and I will communicate with him later.

Question put and agreed to.
Committee Stage ordered for Thursday, 5 June 1986.
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