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Dáil Éireann díospóireacht -
Thursday, 20 Feb 1941

Vol. 81 No. 14

Private Deputies' Business. - Transport Tribunal Report—Motion.

I move the motion standing in my name and the name of Deputy Keyes:—

That having regard to the serious financial condition of the Great Southern Railways Company, its inability because of financial stringency to afford to the public the transportation services essential to satisfactory economic activity under conditions of transport monopoly, and the dismissal from the service of the company of numbers of men who have no prospect of obtaining alternative employment, Dáil Eireann requests the Government forthwith to publish for the information of railway-users and of the general public the reports presented to the Minister for Industry and Commerce in August, 1939, relating to the circumstances which led or contributed to the present unfavourable financial position of the Great Southern Railways and of the other railways operating within the State.

I want to assure the Minister and the House that this motion is not put forward for the purpose of gaining any Party advantage, but for the purpose of forcing the Minister and his colleagues, if we can succeed in doing so, to face the facts. What are the facts? In 1932 and 1933 we had public declarations from the Party now in office that on the question of transport they were in favour of the policy of public ownership. I feel certain the Minister will not deny that statement or contradict it in any way, because there are many quotations from speeches made by his colleagues in this House, and from public announcements issued by the Government Party previous to the elections held in 1932 and 1933 to confirm that statement. In 1933, very shortly after the Government were returned in the election which was held early in that year, legislation, not on the lines of the publicly declared policy of the Fianna Fáil Party, was introduced. I think there is nothing wrong in my quoting from the speech made by the then Minister for Industry and Commerce when he was speaking on the concluding stages of the Railway Bill of 1933. On the Final Stage of that Bill, on the 3rd May, 1933, the Minister for Industry and Commerce, amongst a number of other very interesting statements, made this statement:—

"The position that will be created by these Bills will be one that will ensure that traffic will be carried on the railways, and on the roads, at the lowest economic rates; and that the receipts will be sufficient to pay all charges for organisation and administration, while giving a reasonable return on the capital invested. That is what we set out to achieve and that is what these Bills will achieve."

I would like to hear from the Minister, if he will be good enough to go into that aspect of the matter, whether he is satisfied that the Act of 1933 has been administered in accordance with the intentions of the people who were responsible for its passage. Many questions affecting the financial position of the railways and the chaotic position of transport generally have been brought under the notice of the Government during the intervening years in this House, but the most important thing that took place during the four years subsequent to the passage of the 1933 Act was a motion moved in this House, on the 7th December, 1938, by the Minister for Industry and Commerce. He came to this House and he moved a motion which is fully quoted in column 1401 of the Dáil Debates of the 7th December, 1938, for the establishment of a tribunal:—

"That it is expedient that a tribunal be established for inquiring into the following definite matters of urgent public importance, that is to say:—

(a) the present position of public transport (other than air transport) within the area of jurisdiction of the Irish Government, and

(b) in particular, the circumstances which have led or contributed to the present unfavourable financial position of the Great Southern Railways and of the other railway companies operating within the said area, and

(c) whether any and, if so, what measures are necessary or desirable in order to secure efficient and progressive public transport (other than air transport) in the said area, and

(d) in particular, whether—

(i) any further transport legislation,

or

(ii) any changes in the ownership or in the methods of administration or both in the ownership and in the methods of administration of existing transport undertakings,

are necessary or desirable."

Speaking to that motion, the Minister made a number of statements which, in my opinion, have a direct bearing on the motion now before the House. As reported at column 1402 of 7th December, 1938, he said—and this is a very important statement—

"...the Government are satisfied that a major decision on transport policy must now be taken. It considers, however, before decisions are made, that a review by a tribunal, established under the Tribunals of Inquiry (Evidence) Act, 1921, should be made, for the purpose of getting a complete picture of the position, and obtaining the recommendations of such a tribunal as to the line of action to be followed."

Concluding, the Minister said:—

"Certainly, it is my expectation that we should have the report of the tribunal before us when we meet again after the Christmas Recess",

that is to say, he expected that the report of the tribunal would be in his hands on 8th February, 1939. The report of the tribunal—or the reports of the tribunal, because I understand two reports were submitted to the Minister —were submitted not on 8th February, 1939, but on 4th and 11th August of the same year. Numerous questions, innumerable questions, have been put on the Order Paper not alone by members of the Labour Party during the intervening period but by other Deputies in this House asking the Minister to state the reasons, if any, why he was refusing to publish reports of that very important body. It is hardly necessary for me to say—at any rate, it is unnecessary for me to tell the Minister— that the reports of commissions set up by this House and of public tribunals on matters of national importance are always furnished to the members of the Parliament responsible for the establishment of such bodies.

If the Opposition here in this House has any function it is surely to make their contribution to the good government of the country. We were returned here at the last General Election with the knowledge that the Government had a clear majority, but still the Government which has that clear majority will not and cannot deny the right of the Opposition Parties in this House to criticise the policy of the Government in a constructive way, and to help the Government to implement its own policy in accordance with the wishes of the majority of the people. How can we exercise our duties as Deputies in this House, whether or not we sit behind the Government responsible for the implementation of a particular line of policy on transport or any other matter, unless we are put in possession of the valuable information which must be contained in the reports of all public commissions set up by this House at the taxpayers' expense?

The Government has declared its policy of public ownership. In 1933, in the Minister's own words, they put the private ownership system on trial for the last time. The Minister at the time stated that if the Acts of 1933 failed to come up to expectations of the Government at the time there was nothing facing the Government in the future except to implement fully and without qualification their declared policy of public ownership of the transport services of this country. A tribunal was set up. Two reports are lying not, I hope, in the wastepaper basket, but in some pigeon-hole locked with the personal key of the Minister for Industry and Commerce. I do not know why the Minister refuses to give to the elected representatives of the people of this country the reports which were submitted by experts appointed by this House for the purpose of inquiring into a matter of great public and national importance. On that point, I think I had better quote as a partial explanation—it is certainly not a satisfactory explanation—from the latest statement made by the Minister for Industry and Commerce in the House. In reply to a question addressed to him on Wednesday, 5th February last, as to why the Minister had not, so far, authorised publication of those reports he said:—

"The reports of the Transport Tribunal were submitted to my predecessor just prior to the outbreak of the present war. The examination of these reports has been proceeding in my Department and in the other Departments of the Government concerned in the light of the continuously changing conditions which have been experienced since then. It is clear that until there is some stability in the circumstances in which our transport undertakings have to work, final decisions as to the recommendations in the report cannot be arrived at, and that, indeed, the whole position may require to be reviewed afresh when trading and transport conditions become normal. In this situation there would seem to be little public utility in publishing reports which were based on circumstances which have altered materially"—

those are very important words—

"since the outbreak of war and which will, no doubt, continue to change during the whole period of the present emergency."

What are the circumstances referred to by the Minister in his reply, or what is the meaning of the suggestion in the latter portion of the reply that the circumstances had altered materially? Does he suggest that the financial position of the principal railway concern in this country has in any way altered during that period? This tribunal was set up on 7th December, 1938. The total net receipts of the Great Southern Railways Company for the year 1938 were £351,113. The Minister, in moving here in this House for the establishment of the tribunal, expressed the opinion—and he had inside information on this matter—that it was owing to the serious financial position of the company that he was asking the tribunal to submit their report to him within such a short period. What is the position to-day? The net receipts of the company for the year 1940, as published by the directors a few days ago, were £358,856. The details published, which I am sure are in the Minister's possession, will show that in the working of the company there was a net deficiency of something like £7,700 for the year 1940. There is very little to justify the argument put forward by the Minister in his reply, so far as any material alteration in the financial circumstances of the company for the year 1940 as against the year 1938, when this tribunal was established, is concerned.

The position of the principal railway concern in this country is much worse than it was in 1938. I will tell you the reason why. I am sure the Minister has access to the information that was produced by the chief accountant of the company in support of the case made before the Railway Wages Board. I hold that information, but I am not at liberty to quote it. I have reason to believe that the Minister has the information in his possession and if he examines it he will see that at that period the chief accountant of the company foreshadowed a deficiency of £17,000. The actual figure turns out to be £7,701, but in a company where the gross revenue amounts to the high figure of £4,568,604 a difference of £10,000 is not very much one way or the other. Giving evidence before the Railway Wages Board, the chief accountant gave estimates that to me appear to be very surprising. I had a doubt about their accuracy. They indicated that there would be a huge increase so far as the cost of materials was concerned. In the report published, the figures certified by the auditor of the company show that there was an increase in the wages bill, compared with the previous year, of £85,669 and the increased cost of materials over the previous year amounted to the alarming figure of £186,597.

The report contains a reference to the fact that the Ministry has been repeatedly approached, and apparently suggestions have been made for the introduction of amending legislation. Quoting from the report of the directors, it says:—

"The Government have not yet declared their intentions regarding the report submitted by the Transport Tribunal to the Minister for Industry and Commerce in August, 1939. Representations have been repeatedly made by the company to the Minister stressing the importance and urgency of and the necessity for the enactment of remedial legislation to deal with widespread evasions of the Road Transport Acts, 1933 to 1935, but so far without result."

I am not very well acquainted with the details of the suggestions submitted by the railway company to the Minister, but perhaps the Minister might indicate, if he is in a position to do so, what these suggestions were other than the suggestions that there should be certain amendments made to the Road Transport Acts.

I do not see how that can be raised on this motion.

I suggest that the principal transport concern of the country, both in regard to rail and road transport, is in a bankrupt state, and it is the duty of the Government, arising out of whatever recommendations may have been submitted to the Minister in the report of the Transport Tribunal, to give effect to the promises made by the Minister's predecessor on the 7th December, 1938.

It could well be that this report may contain suggestions for amendment of the law.

I am in the dark, and that is why I am asking for the publication of this report.

I have been asked to make a statement with regard to evasions of the Road Transport Acts. That does not arise on this motion.

Is it not dealt with in the report?

My lips are sealed.

It was certainly a matter that was discussed by the committee.

Whether or not the evasion of the Road Transport Acts is referred to in the reports, I have no doubt that evasions of those Acts by certain classes of road hauliers have had the effect of putting our principal railway concern in a bankrupt state.

Nonsense.

I hope the Deputy will not force me to read some of the statements made by him in a speech delivered on the 7th December, 1938.

Get a school-boy, put him in charge, and he will do better than the gang who are now in control there.

That does not concern me. That is your job, and the job of the Minister who undertook to do so many things so far back as 1932 and 1933, and later, on the 7th December, 1938. I should like to hear the Deputy speaking on this motion. I should be glad to think that he would make the same type of speech in favour of my motion as he did in favour of the Minister's motion in December, 1938. I submit that the position of the railway company is due to evasions of the Road Transport Acts.

Has the Deputy any evidence to substantiate that?

Some time ago I asked the Minister to explain why a certain road haulier, who had not taken out a licence and who had broken the law in other respects, was let out on a nominal fine when he came before a certain court in County Kildare on his 150th case. That man was actually prosecuted 150 times.

When did that occur?

He must have been well defended.

I would not like to discuss that with the Deputy who, I am sure, is a brilliant lawyer. I do not say there are many such cases, but I do know that cases of this kind have been submitted to the Minister's Department. I do not think he will contradict that. I am aware that some of these cases have been submitted to his Department by secretaries of railway trade unions. I have been informed that innumerable other cases were submitted by the railway company, a company that has been brought to the borders of bankruptcy as a result of this kind of uneconomic and unfair competition. If the company is in the low financial state indicated by the report issued by the directors a few days ago and if, as I know, there is a large percentage of rolling stock in a bad state of repair, surely there is a necessity for remedial legislation, or some form of assistance, or direct State intervention, or the implementation of the public ownership policy of the Fianna Fáil Party?

I am aware, and the Minister cannot contradict it if he will read the reports of his own officials, that a large portion of the main lines of the company is in a bad state, and certain renewals which would cost large sums of money have had to be suspended by reason of the bad financial position of the company. The cost of materials has considerably increased. That cannot be disputed. I do not know the exact quantity of coal in the possession of this principal transport concern at the moment. It is a very vital matter at the moment, especially in view of the petrol shortage.

If the Minister has made up his mind not to disclose or not to authorise the publication of these reports, I dare say that I could talk here until Tibb's Eve without any effect, because I know that immediately the division bells ring here, if we are to have a division on this motion, the pro-railway Party Deputies—and there is only one of them sitting in this House with the Minister just now—will march in here like merry men, all smiling, prepared to walk into the same division lobby as the Minister, although they have not listened to one speaker making a case for or against the motion.

I would not call too much attention to the numbers in the House, if I were the Deputy.

The Minister for Industry and Commerce at the time made speeches which I need not quote —I can quote them if the Minister has forgotten—in the 1933 election, at Athlone and Inchicore, in which he characterised his Party as a pro-railway Party. He stated that he was determined to save the railways from bankruptcy. We have now one Fianna Fáil Deputy, representing the constituency of Donegal, supporting the Minister or keeping him sitting in his place. I am glad to see him smiling.

Do not let that interrupt the flow of the Deputy's eloquence.

In all seriousness, I suggest to the Minister that there is no case for his refusal to publish these two reports, or his decision to keep them locked up in his own private locker. I daresay I must give him credit at any rate for being sufficiently active to submit these reports to his colleagues in the Cabinet. As a matter of fact, in reply to questions from myself and some of my colleagues in this Party on previous occasions, he stated that the reports were receiving Departmental consideration. I want to know, and I am entitled to know, why any civil servant should have the right to see these reports before I see them? I may have some knowledge, perhaps a little knowledge, of the contents of these reports. I do not know whether Deputy McGilligan, a former Minister for Industry and Commerce, would say that a civil servant has a right of access to these reports when not one of the people's representatives can get access to them. If the Minister and his Party are incapable, as they appear to be, of making up their minds on the policy to pursue in connection with the chaotic position of the principal railway company, then for goodness sake let us look at the reports and we may be able to give them some assistance. I contend that we are entitled to see these reports.

I hope the Minister, on reconsideration of the whole matter, will decide to release the reports for the information of the large number of people who are deeply interested in the solution of this pressing problem. We have in or about 18,000 working on the railway and on the road section of the railway-owned road services. We have, roughly, about 14,000 shareholders who, naturally, would be very largely interested in the financial future of this concern if it survives the state of bankruptcy which it appears to have reached. If the railway company is bankrupt, it is bankrupt because the private ownership system has failed to provide an efficient system of transport for the community. Then let us have a trial of the next best thing, the policy of public ownership, which the Minister and his colleagues advocated so eloquently in the years 1932 and 1933, and which the Minister for Industry and Commerce in his speech in this House on the 7th December, 1938, did not repudiate.

During the last few weeks the position of the railway may have improved as a result of the muddling and mismanagement of the Ministry of Supplies. As a result of the petrol shortage, certain uneconomic sections of the Great Southern Railways road services have had to be shut down. I daresay those indicated by Deputy Corry here in this House have suffered in that respect. The Minister knows that the policy of co-ordination which was hoped for as a result of the passing of the 1933 Act was not carried out by the Great Southern Railways Board. I can tell the Minister—and I think in his Department he will find evidence in support of what I say—that rail sections of the Great Southern Railways were actually competing with road sections for traffic over many years. We had the case quoted here by Deputy Corry where 11 or 12 services ran alongside one another from Cork to Cobh, looking for the same limited amount of traffic. No company could hope to maintain an economic system under such conditions of muddle and mismanagement.

I know of cases, and people working on the railways know of plenty similar cases in this country, where preferential consideration was given to travellers by the bus section of the railway company as against the railway section. That was done for the purpose of helping to close down these branches of the railways. Naturally, if a traveller gets a preference, if he travels by a railway-owned bus rather than by train, he will use the road as against the rail because it is cheaper. He will also get better facilities from the point of view of the availability of the ticket. This is all done for the purpose of closing down the railways. At least, I suggest that is the reason; if not, I do not know what is the reason. I should like to hear what other Deputies may have to say on this motion. I hope that in the long run the Minister can at least admit that the public interest would not be injured by the publication of the reports which he has for so long in his possession, and that even members of the Opposition Party may be able to make valuable suggestions as to the best solution that can be found to save the transport industry in this country from chaos.

I beg to second the motion. I do not want on the motion to argue that the Government should now, nine years afterwards, fulfil the election promises which they made in 1932, when the Minister's colleague and predecessor announced at Athlone that the Fianna Fáil Party was a railwaymen's Party. Then, bursting with radical enthusiasm, he told all and sundry that when the Fianna Fáil Party got into office they would nationalise the railway services of the country, and would bring local transport services in the cities under municipal control. For the last nine years we have waited to see promises of that kind implemented. Now, in 1941, looking back at 1932, we cannot get the Government which gave utterance to these radical views even to do such a tepid thing as to publish the report of the tribunal set up by the authority of this House. The Minister is not being asked in this motion to nationalise the railways. He is not being asked to bring the city transport services under municipal control. Instead, he is being asked merely to publist the report of the tribunal which was established with the authority of the House, and for whose activities, its printing activities at least, this House has been compelled to vote money.

Let us get a picture of the whole circumstances surrounding this case, in order to ascertain whether we are making any unreasonable demands upon the Minister. In December, 1938—two years and three months ago—the then Minister for Industry and Commerce introduced a motion in this House authorising the establishment of a tribunal to do certain things in connection with the railway and transport services. In the preamble to the motion, it is set out "that it is expedient that a tribunal be established for inquiring into the following definite matters of urgent public importance". So, in December, 1938, it was a matter of urgent public importance that the position of the transport services in the country should be inquired into by a tribunal. That was the reason given by the Minister for the establishing of a tribunal of the kind indicated.

In the course of the brief speech which he made on that occasion, the Minister acknowledged that an efficient service and a satisfactory method of administration were matters of considerable importance, and he admitted at that time that he had been largely influenced in deciding to establish a tribunal by reason of the representations made to him by railway companies to the effect that they had reached positions of acute financial stringency and would find it extremely difficult to carry on their activities unless provided with some substantial relief. The Minister stated then that, having considered these representations from the railway companies—and presumably being aware of the position through his occupation of the office of Minister—he felt constrained to have the whole situation reviewed by a tribunal, and he thought that course was desirable so that they could ascertain the whole facts surrounding the railway transport position. He concluded by saying: "I hope the inquiry to be undertaken will be completed as soon as possible. Certainly, it is my expectation that we should have the report of the tribunal before us when we meet again after the Christmas recess." Therefore, in 1938, the Minister hoped that the report would be completed as soon as possible and that we—the House— would have the report before us on reassembly after the Christmas recess of 1938. There was here an indication that the Minister for Industry and Commerce of that period felt that it was necessary—urgently necessary—to set up the tribunal, that it was of "urgent public importance" that the tribunal should examine the position of transport in the country. If that speech means anything, it means that we were assured by the Minister for Industry and Commerce that the House—"we" can mean nobody but the House, in the sense in which it is used there— would have the report before it on reassembly after the recess of Christmas 1938.

The report, of course, was not available when the House reassembled in February, 1939. I think the first report—the majority report—was not presented to the Minister until August, 1939, and some days later the minority report was presented; but a few months after the Minister had received those reports—the majority report and the minority report—questions were addressed to him in this House, the first being, I think, in October, 1939. The Minister then stated that the report was under examination. In the following month, another question was put to him and he replied that the report was still under examination. The emergency situation having supervened, the Minister added, in reply to the second question, that it was necessary to consult departments before a decision, even on broad principles, could be taken.

It can be seen by these statements by the Minister that he was not at all considering the question of releasing the report. What was troubling him then—and apparently what is troubling the Minister now—is that he wishes to know what he will do with the report, what action he will take upon it. He is not at all concerned with releasing the report to the public, so that they may ascertain the facts of the transport situation in this country, and so that on those facts impartially ascertained they might form some opinion, and so that they might then apply the information thus gleaned to a consideration of whatever proposals the Government have in mind for reorganisation of the transport services throughout the country.

Questioned in February, 1940, as to whether the consultations with other departments of State concerned had concluded, the Minister said that they had not concluded. In February, 1940, the examination of the report had not concluded, although we were told by the Minister for Industry and Commerce in December, 1938, that we would have the report before us in February, 1939. Yet, twelve months afterwards, the Minister's successor was informing us that, not only would we not have the report before us, but that the examination of it by a number of departments had not then concluded.

The Minister budged a little on the 21st February, 1940. He was then asked when it was likely that the report would be published, and he said:—"I hope it will be published at an early date." In February, 1940, we were promised that the Minister hoped it would be published at an early date. Twelve months have passed since that date, yet there is still no sign of the report. The Minister is playing with words. He tells us in 1940 that the report will be published at an early date, and declines twelve months afterwards to release it. So, having spent the latter half of 1939, and the whole of 1940, in suppressing the report —that is what the Minister is doing; he is deliberately withholding this report from the public—the Minister is still unable to indicate when the report will be published. This is the kind of conduct being carried on by the Minister in face of a declaration by his predecessor that it was of urgent public importance to establish the tribunal, and that we would have the report in our hands in February, 1939.

As Deputy Davin has rightly said, this is a matter of very vital concern for over 18,000 workers who have, economically speaking, dedicated their lives to the railway service; it is a matter of vital importance to railway shareholders also, and both of them represent a very substantial section of our relatively small community. But it is of even more vital importance to the community at large who must inevitably, in modern civilisation, concern themselves with the maintenance of an efficient transport service. In face of all the talk of two years ago about the urgency of an inquiry into the transport services of the country, in face of all the promises of the nationalisation of the railway services, in face of all the promises that the railways would be put on a satisfactory basis, our position to-day is worse than it was when the Government assumed office. The financial position of the railways to-day is very serious indeed, and thousands of railway workers are standing from week to week in fear of being paid off in large numbers by the railways because of the present unsatisfactory financial position.

Large numbers have been paid off.

If one can read the signs aright, a substantial number of additional workers will be paid off. The uncertainty caused by the Minister's suppression of the report is adding largely to the unfortunate position of those workers whose services are being terminated by the railway companies. I put it to the Minister that he is not playing fair with this House by adopting this unreasonable attitude in connection with this report. After all, this tribunal was established by Parliament. The expenses of its activities were defrayed by Parliament. Its expenses were defrayed out of the public purse, and on such a vital matter as transport services the public are entitled to know what are the facts. They are entitled to know what situation has to be dealt with in respect of the transport services, and they are entitled to expect the Government to lay the facts before them and to allow them to come to a judgment on the information available. Instead of being assisted in that way, however, instead of being encouraged to bring in an informed view on the transport position in the country, instead of being encouraged to take an active interest in the necessity for the application of remedial legislation to the railways and for a comprehensive organisation of the transport undertakings in the country, the Government proceed to assume that the less the public know the better, and that the more you can suppress reports and keep the information from the public the better it will ultimately be—for whom, I do not know, but certainly not for the railways.

The Minister is endeavouring to fortify his present line of attitude by saying that the policy which has been adopted in connection with this report was adopted in respect of other reports—all other reports. If he would take the trouble to look up certain reports, at least I think he will find that their publication was not related to a Government decision as to their intentions. If the Minister will look up, for instance, certain relatively recent reports, he will find that that position was not adopted by the Minister concerned—even by his own predecessor. For instance, there was a report of the Commission of Inquiry into the Civil Service. The publication of that report was not delayed until there was a Government decision upon what it intended to do, because the Government, of course, did nothing. In connection with the report of the Banking Commission there was no declaration of Government policy before releasing the report for publication. In connection with the report of the Committee of Inquiry into Bankruptcy Laws there was no declaration of Government policy accompanying the release of the report. In connection with the report of the Commission of Inquiry into the Registration of Shops or the report of the Ports and Harbours Tribunal, there was no declaration of Government policy accompanying the release of the reports. In this case, however, the Minister, for some reason of his own—a reason which, apparently, he alone can appreciate—is deliberately suppressing this report, and his attitude in suppressing it is only causing the gravest misgivings to railway shareholders and railway workers in general. If he continues to adopt this policy in respect of railways, if he continues to adopt the present Micawber policy of just waiting to see what will turn up in connection with the railways, he will find himself with more industrial headaches than he has to-day, and I think he will not be long in realising that the numbers of people registering at Gardiner Street and at the Labour Exchanges throughout the country are going to increase to his own discomfiture, because nobody can read the evidence which was tendered to the meeting of the Railway Wages Board, which was held in October, 1940, without being gravely concerned as to the ability of the railway companies to carry on.

If the Minister will take the trouble to read the evidence that was submitted there on behalf of the railways —evidence which is open to check, which is open to the simplest form of check, and evidence which is the result of the everyday experience of persons concerned with the railway industry— he will see that the railways are facing a very serious situation indeed. In respect of the arrears of maintenance at that time, the Railway Wages Board were informed that, in the case of the Great Southern Railways Company, in January, 1940, the arrears of maintenance amounted to £180,000, and the railway company's advocate before the board said that in 1942 a sum of £637,000 will fall due for repayment. If I had any portion of that £637,000 due to me from the railway company I would assign it for a penny, because there is not a hope in the world, in the present financial position of the railways, that they will be able to repay sums of that kind. All the indications are that the position of the railways will steadily deteriorate and, in the face of that position, which is growing more alarming every day and every week, the Minister, sitting in Government Buildings on the report of the Transport Tribunal, feels, apparently, that so long as he can rest on that report, everything is going to be all right with the railways, that the shareholders need not worry, and that the workers may put up with weekly notices of dismissal for large numbers of persons who have given a lifetime of service to the railway companies. I think the Minister ought to realise that he has now carried on this ironic game of his far too long, and that he ought to avail of this opportunity to indicate when the report will be published so that we may know what problem is to be faced in respect of the railways, and so that an informed public opinion may be created for facing up to whatever responsibilities are involved in the implementation of that report.

I do not intend to say much on this matter. In the first place, I do not see what use a report on such a matter as transport is at the present day. I do not see what use would be the report of the Railway Tribunal to-day, a report that was down up on evidence taken in normal times and normal conditions. What would be the effect of such a report on transport affairs in this country to-day? Whatever recommendations they may have made with regard to railways or anything else, where is the use of talking about them to-day in the present position of transport? Deputy Davin spoke of the bankruptcy of the railways being brought about through the evasion of the Transport Act. He was good enough to call attention to a statement that I made previously in connection with the railway and bus time tables of this country. I stated that case here in the House three weeks ago, and I stated it before the Railway Tribunal two years ago, and quoted the same time table and gave the figures, and when I was asked did I suggest any cure that would put the railways on their feet, I told them "Yes. Go down to the national schools and get a couple of young fellows with their Leaving Certificates and put them in charge, and kick out the supposed businessmen." That is the cure for the railways and it is the only cure. Can you imagine any businessman to-day, in any city, who, wanting to go from here down to O'Connell Bridge, will hire two taxis to go down there, one to ride in and the other to look at?

That is what the business men in the railway company have done. I gave an instance a fortnight ago of what happens in my own constituency. I produced a time table before the Railway Tribunal and I made the same statement. That time table showed that 11 buses and ten trains ran into a cul-de-sac of a town with 5,000 inhabitants.

Could that survive?

It could not.

Why not stop it?

What sympathy is there for a business firm that carries on in that way? The railways, by fraud, I say, succeeded in getting the bus services. I did not hear of Deputy Davin going down to Kingsbridge any evening and telling the poor fellows there with old horses and carts that are out of date, that the taxi fellows should give way to them. They might have to give way to them for the next couple of years.

The word "fraud" is rather a strong term to use.

I suggest that the railways acted under false pretences.

A slight improvement.

Did the Deputy vote for that?

I say that the railway company took over the buses and left the country under the impression that the intention was to co-ordinate the services, the buses to be feeders for the railways. That is the language that was used. The argument that was used subsequently, in order to compel the buses to be sold to them was that otherwise neither would survive, but would go into bankruptcy. As soon as the railway company got power to buy the buses they ran buses and trains.

And the Minister allowed that.

The Minister cannot be sticking his nose into everybody's business. The intention was to put the railways on their feet.

They are on their backs now.

Why? Because there are too many Davins in charge.

Personal references should not be made.

I am sorry. I did not mean it in an offensive way towards Deputy Davin. What I meant was that there are too many officials on the railways and they know hang all about them.

The apology is not generous.

I gave that evidence two years ago before the Railway Tribunal, and no attempt was made to change the position since.

Why does the Deputy not carry out a nationalisation policy?

Is it to nationalise everything?

The Deputy promised to do it.

The Deputy had not the responsibility for nationalisation.

He never had.

I have far more responsibility than Deputy McGilligan.

I am sure you had.

The Deputy does not come to the House half a dozen times during a session, and he does not exercise his brains very much when he comes here.

The Deputy is not much of a judge.

Keep that for the law courts.

The Deputy does not come there very often.

No. I keep out of your clutches as far as I can.

The Deputy is hauled in sometimes.

The reason I intervened was because of a statement made by Deputy Davin. The railways come along now about the report of another tribunal as if we were living in normal times. What does the company come along for now? To choke off the other end, and prevent the transport of agricultural produce to the cities and towns at reasonable rates. That is what is wrong with the railways this time. What is the use of considering a report of a transport tribunal that was prepared in normal times when there was plenty of petrol, plenty of lorries and plenty of transport available? Let us remember the condition of things to-day, when lorry owners are to get only four gallons of petrol this month.

Why should we not be allowed to read the evidence?

In 1939 the railways said that owing to the way they had to carry on they would be bankrupt—no more and no less. I do not believe the railways can become bankrupt even if they do their best to do so, in view of present conditions, because the whole transport of the country is being thrown at them, whether they like it or not.

Have they the rolling stock?

I assume that this debate is seriously meant. Interruptions do not make for deliberation.

The railway companies can get the buses now and attach them to the engines. I will lend them an old horse if necessary. The position in which the railways are now is due to pure mismanagement on the part of the railway companies, nothing more and nothing less. I understand the shareholders have the appointment of directors, who in turn have some control over policy and officials. I have no sympathy for shareholders who allow such a condition of affairs to prevail. I could not have sympathy for them. What sympathy is there for the inefficient farmer who goes "broke" in his farm? None. He is thrown out. What sympathy is there for a business man who goes bankrupt? None. He is fired out. What sympathy can you have for the railways? What sympathy could there be for public companies that deliberately carry on transport services in a way that no decent school boy would run them? Nobody with any common sense could have sympathy for them. I see no use in considering a report of a tribunal that has been rendered useless by present conditions.

I think this is an eminently reasonable motion. Taking a detached view, it seems to me that if there was any reason for the report being made, and evidence taken, it follows as a matter of course that such report should be made public. The onus is on the Minister to show why, on grounds of high national policy, the report has not been published. I do not know if the Minister is aware of the great interest that has been taken in this report by large sections of the community. I have had a number of letters and I have also had interviews with persons interested in the report. There are large numbers of people drawn from all sections who are keeping their eyes open awaiting production of the report. The report deals with the Great Southern Railways, which is the biggest non-Government concern in the country. It is a concern that through the medium of its railway and road system serves practically the entire area of the State in one form or another, reaching from the centre of the city to practically every corner. It owns property that pays rates in practically every county.

In addition it has in its employment large numbers of workers skilled in different ways and of different kinds and grades who are living in practially every portion of the State. It also is the vehicle by means of which the public travel to and fro to different parts. In addition, it serves the people who carry on business in the various counties. Then there is, lastly, the group of persons vitally interested who own the railway, and these are the shareholders. So, no matter what way you look at it in practically any house you go into, whether in the country districts or in the towns, there is not a responsible citizen who is not interested in the production of this report. It creates, to say the least of it, a very bad impression indeed that the report has not been made public. I urge on the Minister to accede to the terms of the motion and let the public know exactly what is in the report. By not doing so, the impression is created that there is something very gravely wrong in connection with the running of the railway and the circumstances under which it is controlled.

I do not want to make use of this debate for the purpose of making an attack on the railway concerned. I think everybody agrees that there is room for very great improvement. I suppose there is no concern in the country, outside a Government Department, in which every member of the public has a greater interest than in the true findings with regard to the activities, capabilities, and position of the Great Southern Railways. They have all an interest in that, and any Minister who withholds information that he has, and that is alone shared by his officials, is creating, to say the least of it, a very bad impression in the country. In addition to that, he is not doing the railway itself any particular good. All those persons I have referred to are all vitally interested in the publication of this report, and the sooner it is published the better. In regard to Deputy Corry's contention, so far as he made any case, that this is not a suitable time to publish the report, we all hope that we are not always going to live in a state of emergency, and at least people can be thinking out ways and means of meeting the problems that the report will produce. Certainly, the delay so far has done incalculable harm, and the sooner it is published the better. I, therefore, think that this motion should be accepted by the Minister.

As no other Deputy offers himself, I shall have to call on Deputy Davin to conclude.

I should like to hear Deputy T. Kelly.

I am not an expert on the railways and I am waiting for the Deputy to conclude and let us go home.

You go by bus then.

It is the first time I ever remember the Minister being silent.

I want to hear some sound arguments for the publication of the report. I have not heard them yet.

You have a terrible lot of files in front of you, whatever is in them.

These are arguments against publication.

That is the report.

Would it be in order to move the adjournment?

The Chair does not accept the motion.

I do not think there is a House present.

If the Minister is dumbfounded or unable to say anything, with your permission, Sir, I will move the adjournment of the debate.

Not in the circumstances.

I move that the question be put.

I cannot accept.

I cannot move anything else.

You cannot even be moved to make a speech and you represent Inchicore.

If no other Deputy offers himself, Deputy Davin will be called on to conclude the debate.

There is not a House.

Is the Minister drawing the attention of the Chair to the absence of a quorum?

It is up to the Labour Party to keep a House. There are only two members of the Labour Party present.

Notice taken that 20 Deputies were not present; House counted, and 20 Deputies being present.

As no other Deputy has risen, the Chair is constrained to call on Deputy Davin to conclude.

As this is the first occasion that the Minister has refused to reply on such a matter of national importance, with your permission, Sir, I move the adjournment of the debate.

May I put this to you? On 5th February I stated at some length the reasons why this report should not be published. I have not heard any arguments to controvert the reasons then given.

I move the adjournment of the debate.

That motion is not acceptable. It is open to any Deputy to rise. If no Deputy does so, the debate will be concluded.

Debates have been adjourned from time to time before on motions made.

I do not know whether I have any option in this matter, but I stated that, having given my reasons, I would be opposed to the adjournment of the debate if the Chair was prepared to take that motion.

When the Minister came into the House he was weighed down on one side by the large files of papers he brought in. Surely to goodness, he can get some inspiration from these large files, or why did he bring them in?

I shall have to put the question.

If the Minister is going to treat the whole subject, which was considered to be a matter of urgent public importance on the 7th December, 1938, with the contempt—I do not say it is personal—with which he apparently is trying to treat it tonight——

Has the Deputy risen to conclude?

I am in the hands of the Chair.

I think that is a most uncalled for remark. I have not treated this subject with contempt. I have already indicated at some length, in reply to Parliamentary questions, my reasons for not publishing this report, and I have not heard those reasons controverted.

Does Deputy Davin intend to wind up the debate?

I have nothing to reply to. The Minister will not speak.

Is Deputy Davin moving the adjournment of the debate?

The Ceann Comhairle has refused to accept that motion.

But a new situation has arisen since.

I am not accepting that motion. There is a quorum, yet no Deputy rises. I cannot compel any Deputy or Minister to speak. To adjourn the debate in these circumstances would reduce procedure to a farce.

There could hardly be any greater farce than that of a Minister refusing to take part in the debate.

May I put this to the Chair: Is the Minister at liberty to choose his own time to intervene?

It is no function of the Chair to say when any member of the House should intervene excepting the mover of a motion.

Has not the Minister the right to choose his own time to intervene? I am prepared to intervene in the debate when I have heard some solid arguments advanced against the attitude I have taken with regard to the publication of this report. I have not heard any.

Why not put forward reasons for not publishing the report?

I did put them forward on the 5th February last.

And that stands for all time?

Mr. Byrne

Has not an emergency arisen since then?

Am I to take it that the Deputy desires to intervene in the debate?

Mr. Byrne

The Minister's Department wrote to me to say that an emergency had arisen since the question was last raised in the Dáil: that it had altered the whole situation. There is an emergency, and I think the Minister has treated the House most discourteously.

The Deputy had not sufficient courtesy to be in the House until he was called in by the bell. He did not listen to one syllable of the debate.

I am pressing my motion for the adjournment of the debate.

The Chair has refused to accept that motion.

I submit that I cannot reply to the discussion until I hear what the Minister has to say, and if the Minister cannot be persuaded to speak, with all the material he has in front of him, then the only thing we can do is to send him home to have a rest so that he may refresh his memory.

May I point out that in my view Deputy Corry advanced one very cogent argument against the publication of the report when he said: "What good would it do?"

Deputy Corry is the Ministerial spokesman then.

Having waited in vain for some ten minutes, the Chair will now put the question.

Question put.
The Dáil divided: Tá, 20; Níl, 45.

  • Broderick, William J.
  • Browne, Patrick.
  • Byrne, Alfred.
  • Cogan, Patrick.
  • Cosgrave, William T.
  • Costello, John A.
  • Davin, William.
  • Esmonde, John I.
  • Everett, James.
  • Giles, Patrick.
  • Hickey, James.
  • Hurley, Jeremiah.
  • Keating, John.
  • Linehan, Timothy.
  • McGilligan, Patrick.
  • Mulcahy, Richard.
  • Nally, Martin.
  • Norton, William.
  • Pattison, James P.
  • Ryan, Jeremiah.

Níl

  • Aiken, Frank.
  • Bartley, Gerald.
  • Beegan, Patrick.
  • Boland, Gerald.
  • Bourke, Dan.
  • Brady, Seán.
  • Breen, Daniel.
  • Breslin, Cormac.
  • Briscoe, Robert.
  • Carty, Frank.
  • Cooney, Eamon.
  • Corry, Martin J.
  • Crowley, Tadhg.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Fogarty, Andrew.
  • Fogarty, Patrick J.
  • Gorry, Patrick J.
  • Hogan, Daniel.
  • Keane, J.J.
  • Kelly, Thomas.
  • Kissane, Eamon.
  • Lemass, Seán F.
  • Loughman, Francis.
  • Lynch, James B.
  • McCann, John.
  • McDevitt, Henry A.
  • MacEntee, Seán.
  • Morrissey, Michael.
  • Mullen, Thomas.
  • Munnelly, John.
  • O Briain, Donnchadh.
  • O Ceallaigh, Seán T.
  • O'Grady, Seán.
  • O'Loghlen, Peter J.
  • Rice, Brigid M.
  • Ruttledge, Patrick J.
  • Ryan, Martin.
  • Ryan, Robert.
  • Sheridan, Michael.
  • Smith, Patrick.
  • Traynor, Oscar.
  • Walsh, Laurence J.
  • Walsh, Richard.
  • Ward, Conn.
Tellers:—Tá: Deputies Everett and Hickey; Níl: Deputies Smith and S. Brady.
Question declared lost.
The Dáil adjourned at 8.50 p.m. until 3 p.m. on Wednesday, March 5th.
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