asked the Minister for Industry and Commerce if he will state if any progress has been made with the case in the High Courts on which according to the Minister depends the hearing of cases pending under the Railways (Existing Officers and Servants) Act, 1926, and, if not, whether he has under consideration any proposal for expediting in some way those cases in regard to which considerable delay has already occurred and considerable hardship has been imposed on the applicants.
Ceisteanna—Questions. Oral Answers. - Railway Employees' Case in High Courts.
I understand the case referred to is in the list for the present term, but I have no information as to when it will be heard. I regret that I have no power to expedite the hearing.
Arising out of the Minister's answer, can the Minister state if there has been any breakdown in the machinery that has been set up for the hearing of these cases? Is he aware that the railway employees or railway servants were dispensed with some years ago and that the terms as to the compensation to be paid them have not been decided because the decision in this case is being held up?
The hearing of applications has been suspended pending the determination of this case which has been taken to the High Court, but nothing can be done until a decision in that case has been given.
Is the Minister aware that this case has been before the court for three years and is he aware that a very great hardship has been caused to railway servants because of the delay in the hearing of this case?
That is not so.
Does the Minister mean to say that it is not three years since this case was sent to the High Court?
In a recent case the railway company appealed to the High Court on the question of the power of the Arbitrator to deal with the particular case and it is pending the decision upon that case that the matter has been held up. I understand that the view is that the decision is not likely to be given in that case until a decision in another case has been given, and that is possibly the case to which the Deputy has referred.
That is the case to which I have referred. Is the Minister aware that the decision in other cases has not been given because the decision in this case has been held up in the court and that grave hardship has been caused by the delay, and will he take steps to expedite the hearing of this case?
I have no power to expedite the hearing of the case.
Can the Minister say what is the position with regard to the Arbitrator? Has the new Arbitrator been appointed yet?
I explained the position in regard to that matter in reply to a question by Deputy P. S. Doyle a few weeks ago. The present Arbitrator has submitted his resignation to the Chief Justice but at the Chief Justice's request it has been withheld until this case has been determined; for, otherwise there would be a considerable difficulty created.
May I ask the Minister if he is in a position to name the case that is causing the obstruction in the hearing of these other cases?
It is the case of a man named Gallagher.