This section provides that where the Minister makes a light rail order, CIE will be authorised to open, break up or alter the level of any existing public road, but it shall not do so without the prior consent in writing of the local authority. There is a strange balance in this section. I notice individuals can be pushed aside if the railway must go through, as they used to say in the Wild West, and they do not receive money for studies and consultative councils. However, when a road is opened the local authority has to give its prior consent in writing. What happens if the local authority does not give its consent? It does not say here that they will be swept aside.
SECTION 16.
Question proposed: "That section 16 stand part of the Bill".
The option of a judicial review would be considered in the unlikely event of that arising.
Would the Minister seek a judicial review against the local authority?
I imagine so.
Is that what the Minister of State is telling me?
Yes, a judicial review is the only remaining option if the local authority fails to give its consent.
If everybody else has to stand aside while the line comes through, why are local authorities exempted from that?
There is an assumption that the local authority, being another arm of the State, would look at the situation in terms of the greater good prevailing over the interest of the individual. It is a matter of balance.
And the individual would not?
We all look after our own patch as individuals, which is natural. I would be no different nor, I suggest, would the Deputy.
Question put and agreed to.