Amendment No. 64 is consequential on No. 62. Amendments Nos. 62 and 64 may be discussed together by agreement.
SECTION 37.
I move:
In page 31, to delete line 36.
These are technical amendments. The first amendment removes the need to consult the Garda Commissioner before providing a special category sign. The need to do so is superfluous as a special category sign is a regulatory sign, a road authority is required to comply with the provisions regarding regulatory signs generally when it wishes to provide a special category sign. Such provisions already provide that a road authority may only provide regulatory signs after consultation with the Commissioner. The second amendment is consequential on and associated with the first. The authority will be required to consult the Commissioner before the provision of any regulatory signs, including special category signs. This consultation will permit the authority to consider the Commissioner's observations. The amendment deals with the question of the autonomy of the local authority and the requirement for consultation with the Commissioner which is different from the position up to now. The observations of the Garda in these matters are an important element for local consideration in determining the wisdom of these category of signs and their provision.
Amendment agreed to.
I move:
In page 31, line 46, to delete "less" and substitute "more".
I proposed this amendment because I do not know whether others have the same experience as I of difficulty and frustration when trying to get anything done at local authority level and how long drawn out the procedures are. I wonder if, in this instance, we might speed up the process if we shortened the time allowed for representations.
The amendment seeks to alter the time scale which a road authority is obliged to give for receipt of representations under the consultation process before the provision of a special category sign. We consider a minimum period of one month for public consultation to be appropriate. The section gives road authorities the option to increase that period if there are circumstances which would warrant a longer period; the period will be specified in the published notice. If the amendment was accepted the paragraph, indeed the whole consultation process, could become meaningless. A road authority could give 24 hours for the receipt of representations, and I do not think that is what Deputy Keogh has in mind.
No, it is not.
Deputies will find once again that I have taken account of what you had in mind, given an appropriate period of consideration and at the same time tied your hands to prevent you from getting into unnecessary trouble.
I accept what the Minister says, although he knows it is highly unlikely that 24 hours' notice would be given. I am just making the point that in general a month would be sufficient.
It is, but if circumstances were peculiar or different and another time scale was deemed to be merited, then the provision for that is there also.
Amendment, by leave, withdrawn.
Amendment No. 64 in the name of the Minister has been discussed with amendment No. 62.
I move amendment No. 64:
In page 32, lines 1 and 2, to delete "any observations made by the Commissioner or".
Amendment agreed to.
Section 37, as amended, agreed to.