We come now to amendment No. 186. Amendment No. 188 is related. I suggest that amendments Nos. 186 and 188 be discussed together.
SECTION 75.
I move amendment No. 186:
In page 63, subsection (1) (a), lines 4 and 5, to delete ", 38 or 44 (6)" and substitute "or 38".
Section 75 (1) (a) dealing with prosecutions and penalties states that "A person shall be guilty of an offence under section 36, 37, 38 or 44 (6). . .". I am seeking that the disclosure of interests be dealt with in a stricter way as is the case with some of the other penalties. We discussed this matter earlier in relation to members of the authority who use a beneficial interest improperly etc. That is the point I am getting at here.
Motorways are specially designed high capacity roads which are limited to use by vehicle traffic only and to which access is prohibited except at properly designed and located junctions or interchanges. These are essential features of motorways without which they lose much of their inherent efficiency and safety. That is why the opening of an unauthorised access to a motorway is being treated so seriously and can be prosecuted as an indictable offence carrying stiff penalties of up to £10,000 in fines or up to two years imprisonment. The penalties need to be sufficiently high to deter developers or other persons opening up access onto motorways. The offence is not just traffic related; it also relates to unauthorised development since planning permission cannot be given for any development which would involve direct access to a motorway. I should also point out that the Director of Public Prosecutions will have the option to let an offence under this section go to the District Court and in those cases the maximum penalty of £1,000 or six months imprisonment will apply. However, in more serious cases he will be able to opt for trial by jury. This seems to me to be a flexible and reasonable way of dealing with a potentially serious offence.
Maybe there is some misunderstanding. What are the penalties for those?
On summary conviction one is liable to a fine not exceeding £1,000 and for conviction on indictment to a fine not exceeding £10,000.
Are they lenient in relation to the disclosure of interests?
It seems to be a stiff penalty, £10,000 or two years imprisonment.
Not exceeding six months.
Amendment, by leave withdrawn.
I move amendment No. 187:
In page 63, subsection (1) (a), line 4, after "38" to insert ",39".
Amendment agreed to.
I move amendment No. 188:
In page 63, subsection (3), lines 25 to 27, to delete paragraph (a) and substitute the following:
"(a) Save as is provided for in paragraphs (b), (c) and (d) of this subsection, a summary offence under any provision of this Act may be prosecuted by a road authority.".
Amendment agreed to.
Section 75, as amended, agreed to.
NEW SECTIONS.
We come to amendment No. 189. Amendment No. 190 is related and they may be discussed together.
I move amendment No. 189:
In page 63, before section 76, to insert the following new section:
76.—The Minister may, subject to such conditions as he sees fit, in each financial year make grants, of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas, to road authorities in respect of any or all of their functions under this Act or otherwise in relation to public roads.
I have received wholehearted support which has enabled me to pay grants to local authorities.
Amendment agreed to.
I move amendment No. 190:
In page 63, before section 76, to insert the following new section:
77.—Moneys accruing to a road authority under this Act shall be applied in accordance with regulations made by the Minister.
Amendment agreed to.
I move amendment No. 190a:
In page 63, before section 76, to insert the following new section:
76.—Where a road authority or the Commissioner become entitled to dispose or procure the disposal of anything removed from a public road under this Act, then the authority or the Commissioner shall be entitled to sell the thing for the best price reasonably obtainable and upon doing so shall pay to the person who was the owner (where the name and address of such owner can be ascertained by reasonable inquiry) of the thing at the time of its removal a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred by the authority or the Commissioner in its removal, storage and sale.
This amendment concerns the sale of something which a local authority removes from a public road and where the proceeds of the sale will be returned to the owner where the owner's whereabouts can be established, less any expenses.
Is there any procedure for selling? Is it to be by means of public auction?
The only experience I can recall in circumstances like that has been by public auction.
That would be important rather than someone's horse being sold to a friend.
We do not come under that same kind of pressure in Tipperary for deviations like that.
The Minister is legislating for places like Wicklow.
Amendment agreed to.
Section 76 agreed to.
FIRST SCHEDULE.
We come to amendment No. 191. Amendment No. 194 is consequential and, therefore, they may be discussed together.
I move amendment No. 191:
In page 63, before the entry relating to the Towns Improvement (Ireland) Act, 1854, to insert the following row:
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14 & 15 Vict. Chapter 92 |
Summary Jurisdiction (Ireland) Act, 1851. |
Section 9, Section 10 (2) to 10 (6), 10 (8). |
The bulk of sections 9 and 10 of the Summary Jurisdiction (Ireland) Act are being re-enacted in an amendment to section 13 and in a new section 72; accordingly it is now proposed to repeal them. Section 9 dealt with drainage and is now replaced by the new section 72, while the section 10 provision dealt with the deposit of materials on roads and related matters now in section 13 (8) of the Bill. Breaches of these provisions will attract a maximum penalty of £1,000 rather than the ten shillings provided for in the 1851 Act.
Amendment agreed to.
I move amendment No. 192:
In page 64, in the third column of the entry relating to the Local Government Act, 1925, to delete "Sections 24, 25, 26, 27, 28 and 34" and substitute "Part III".
This amendment seeks to repeal Part III of the Local Government Act, 1925, because it is being effectively replaced by the provisions of this Bill.
Amendment agreed to.
We come to amendment No. 193. Amendment No. 195 is related and, therefore, they may be discussed together.
I move amendment No. 193:
In page 64, in the third column of the entry relating to the Local Government Act, 1946, before "Section 58." to insert "Section 45 (4).".
Part VI of the Local Government Act, 1991, sets out a new legislative framework for the establishment of committees and joint committees by local authorities requiring that all matters relating to the committees and joint committees should be governed by these provisions. Section 45 of the Local Government Act, 1946, contains a specific provision for the establishment of a joint committee by local authorities to consider proposals for the application for a bridge order. The first amendment is to bring this provision within the new general framework for joint committees in the 1991 Local Government Act. Amendments Nos. 191 to 195 will also remove the anomaly whereby a committee under the 1946 Act may not include non-local authority members. It will also apply to the general provisions of the 1991 Act relating to matters like quorum, meetings and procedures laid down under section 45 of the 1946 Act.
Amendment agreed to.
First Schedule, as amended, agreed to.
SECOND SCHEDULE.
I move amendment No. 194:
In page 64, to delete the entry relating to the Summary Jurisdiction (Ireland) Act, 1851.
Amendment agreed to.
I move amendment No. 195:
In page 64, in the third column of the entry relating to the Local Government Act, 1946, after the first paragraph, to insert the following:
In section 45 (1) for the words "by resolution under this section passed by each of such authorities, establish a joint committee of their members" there shall be substituted "establish a joint committee under section 38 of the Local Government Act, 1991.".
For section 45 (2) there shall be substituted:
(2) A resolution under the said section 38 for the establishment of a joint committee for the purposes of this section shall state the general character and purpose of the work.
In section 45 (3) for the words "by a resolution under this section" there shall be substituted "for the purposes of this section".
Amendment agreed to.
I move amendment No. 196:
In page 65, before the entry relating to the Local Government (Planning and Development) Act, 1963, to insert the following row:
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No. 40 of 1960 |
Local Government (No. 2) Act, 1960. |
In section 10, inserted by section 86 of the Housing Act, 1966, to delete subsection (4) (e) and substitute: |
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"(e) Where |
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(i) an order made by virtue of this section authorises the extinguishment of a public right of way, and |
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(ii) there is an objection to the extinguishment and the objection is not withdrawn, |
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the Minister shall afford an opportunity to the person making the objection to state his case at a public local inquiry save where he thinks fit not to confirm the order.". |
Section 10 (4) of the Local Government (No. 2) Act, 1960, as substituted by section 86 of the Housing Act, 1966, provides that a compulsory purchase order in relation to land may authorise a local authority to extinguish a public right-of-way over the land after it has been acquired but requires the Minister to hold an inquiry into the compulsory purchase order even where there are no objections to the CPO or the extinguish of this right-of-way. This has arisen in some cases in recent years and that is the reason we are making the provision.
Amendment agreed to.
Second Schedule, as amended, agreed to.
THIRD SCHEDULE.
We come to amendment No. 197. Amendment No. 198 is an alternative and, therefore, they may be discussed together.
I move amendment No. 197:
In page 65, paragraph (4) (1), lines 28 and 29, to delete "on or before such date as the Minister shall direct," and substitute "not later than the 30th day of June".
To conclude discussion on the Bill in the way I started in response to Deputy Yates' amendment which asked that the National Roads Authority annual report be produced within three months of the new year, I propose a counter amendment which will ensure that the National Roads Authority annual report be available within six months. This is in line with the timescale envisaged by the Local Government Act, 1991, for local government annual reports. It is quite general for related legislation.
Amendment agreed to.
Amendment No. 198 not moved.
I move amendment No. 199:
In page 67, paragraph 12 (1), to delete lines 25 to 28 and substitute the following:
12.—(1) Where the Authority proposes to enter into a contract for construction or maintenance works on a national road rather than to arrange for the performance of that function by the relevant road authority, it shall, where the cost of the proposed contract exceeds an amount prescribed from time to time by the Minister, seek tenders before entering into such contract.
This amendment makes it clear that the obligation placed on the National Roads Authority in relation to the preparation and application of the rules for temporary road works only concerns work carried out by the National Roads Authority itself. The rules will not apply to local authorities and will continue to be governed by their own regulations made under section 15 of the City and County Management Act, 1955. Accordingly, these provisions will make no change in the existing arrangements for the placing of contracts by local authorities. The purpose of the amendment is to make this clear.
Amendment agreed to.
Third Schedule, as amended, agreed to.
Title agreed to.
I suggest that the report of the Committee be as follows:
The Special Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.
Is that agreed? Agreed.
The procedure for reporting to the Dáil is as follows: I will be submitting a report to the Dáil and will move that the Bill, as amended, be printed. The date for Report Stage will then be agreed.
Minister and Deputies, thank you very much for your co-operation and for the rapport which developed. I know you would also want me to thank the Officials for helping us.
I thank the Minister and all associated with the work of the Committee and hope on Report Stage we will see further improvements in the Bill. I would particularly like to thank the Chairman for the very courteous and helpful way he chaired the Committee which facilitated quick discussion on various matters, I also thank the Clerk to the Committee who was very helpful to all, and to me personally.
I would like to be associated with those remarks. It was an experience for me because it was my first time as a member of a committee and I feel the process worked reasonably well. We will see the fruits of our work on Report Stage. I hope the changes we proposed will be accepted and the Minister will recognise that there is sense on all sides of the House. I also thank the Chairman for his work.
The Committee concluded its business at 5.10 p.m.