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Seanad Éireann debate -
Friday, 18 Dec 1987

Vol. 118 No. 3

Dublin Transport Authority (Dissolution) Bill, 1987: Committee and Final Stages.

Section 1 agreed to.
SECTION 2.
Question proposed: "That section 2 stand part of the Bill."

This is the most devastating section that could be in any Bill because the words are so definitive, "the Authority is hereby dissolved." This brings into focus the whole concept of what the Minister is trying to do in this Bill. He agreed with my colleague, Senator Harte, that the amount of money involved is small, but if you add the Authority to An Foras Talúntais, An Foras Forbartha, the National Social Service Board, and the smaller organisations which are fundamental to local democracy, the Minister's policy seems to be that the end justifies the means. The unfortunate Dublin Transport Authority is included in that conglomeration of groups. There is no real economic reason for abolishing this body, but if you add enough of them together, maybe there is a reason. I have to oppose the section.

Can the Minister tell me what plans, if any, the Department have for the existing staff of the Authority? I am thinking of the people who were given certain commitments on their appointment, people with whom the State had a contract of service. I saw nothing in the Bill to cover these people. I am thinking of the Chief Executive, Mr. Phil Murray, and others. What future has the Minister or his Department for these committed people in the public sector? Will they be offered the same kind of voluntary redundancy that the Minister's colleague, the dreaded Minister for Finance had offered other public service employees? We are living in fear and dread of approaching Deputy MacSharry about anything.

It is good that somebody——

I respectfully suggest, a Leas-Chathaoirligh, that you ask Senator Cassidy to be quiet. He has a problem interfering in other people's contributions

I picked it up from Senator Ferris.

Senator Cassidy would not be unduly worried about the employees in the Dublin Transport Authority, but I am. I am asking a legitimate question of the Minister. What role has he for the staff if he dissolves the Authority? Looking at the numbers in the last vote, this is almost a fait accompli. On the basis of employment, rights of employment, and all the statutory legislation to protect employees that is there since the seventies how is the Minister going to reemploy these people, particularly the chief executive officer and people at that level, without requesting them to accept what would be an involuntary redundancy package?

I am anxious to take that point up, with the permission of the Chair. Had the Senator been here earlier——

I went in great detail into the position of the chief executive with regard to his employment, his pension and his pension rights, and the continuation of same. The other employees were seconded from the Department of Tourism and Transport and will return to that Department.

Question put.
The Committee divided: Tá, 20; Níl, 5.

  • Byrne, Sean.
  • Cassidy, Donie.
  • Cullimore, Seamus.
  • de Buitleár, Eamon.
  • Eogan, George.
  • Farrell, Willie.
  • Fitzsimons, Jack.
  • Haughey, Seán F.
  • Ó Conchubhair, Nioclás.
  • O'Toole, Martin J.
  • Kiely, Dan.
  • Kiely, Rory.
  • Lanigan, Mick.
  • McEllistrim, Tom.
  • Mooney, Paschal.
  • Mullooly, Brian.
  • Mulroy, Jimmy.
  • O'Callaghan; Vivian.
  • Ryan, William.
  • Wallace, Mary.

Níl

  • Ferris, Michael.
  • Harte, John.
  • O'Shea, Brian.
  • O'Toole, Joe.
  • Ross, Shane P.N.
Tellers: Tá, Senators W. Ryan and S. Haughey; Níl, Senators Harte and O'Shea.
Question declared carried.
Sections 3 to 8, inclusive, agreed to.
SECTION 9.
Question proposed: "That section 9 stand part of the Bill."

Can the Minister inform me if the new provisions will apply to local authorities in relation to charges which may be brought against them as a result of cars being damaged by bollards and ramps? The local authority manager in my area is concerned about the imposition which would apply in relation to any claims made by drivers who are involved in a collision with a bollard in a housing estate. Is that taken into account in this section of the Bill which gives local authorities power to put bollards and ramps in place?

A system for erecting bollards or putting down ramps is laid down. When a local authority erects a bollard or lays a ramp they are legally there and consequently citizens are expected to be aware of them. No action will be against the local authority when all legal formalities have been complied with.

Is there a legal obligation on the local authorities to put up signs indicating to the public that there are bollards on a road?

Once a sign is put up there is no legal obligation on the local authority but what would the situation be if someone took away the sign?

If somebody takes away the sign without the permission of the local authority they will break the law.

What would the position of a local authority be in law?

To prosecute them.

If there was no sign that there was a bollard and there was an accident what would be the position of the local authority?

The local authority would not be liable in any circumstances.

Question put and agreed to.
Sections 10 to 15, inclusive, agreed to.
Title agreed to.
Bill reported without amendment and received for final consideration.
Question proposed "That the Bill do now pass."

Ba mhaith liom mo bhuíochas a ghabháil leis na Seanadóirí as ucht an chabhair a thug siad dom sa díospóireacht seo. I should like to take the opportunity to wish you, a Leas Chathaoirleach, and the Members of Seanad Éireann a happy Christmas and a prosperous New Year.

An Leas-Chathaoirleach

I wish the Minister every success in the New Year.

On behalf of my party I would like to return the good wishes to the Minister and his staff.

I should like to thank the Minister and his staff for their attendance here today. It is not a day people want to be in the Seanad. Having said that I think we did our duty to the Dublin Transport Authority (Dissolution) Bill and I should like to wish the Minister and his staff a very happy Christmas.

Before we proceed to the next item of business, I should like to say that the conditions in this House are unacceptable. We will not sit in this House unless an air ventilator or air conditioning is provided. I ask you a Leas-Chathaoirligh to convey to the Superintendent that we will refuse to sit here unless something is done to improve the air conditioning. They can put us wherever they like but we are not going to sit in this House until the air conditioning is improved.

Question put and agreed to.
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