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Dáil Éireann díospóireacht -
Wednesday, 3 May 1944

Vol. 93 No. 13

Transport Bill, 1944—Second Stage (Resumed).

I propose to vote in favour of the amendment and against the Second Reading of the Bill, for sound and, I hope, convincing reasons. Everybody who has spoken in this debate so far, except the Minister, has suggested or admitted that it is very inadvisable at the moment to proceed any further with the motion for the Second Reading of this very important measure. It has been properly pointed out by several speakers that certain sections of the Bill, particularly the compensation clauses, may be affected by the report of the tribunal set up by this House and, as a result, the compensation to be paid to the stockholders in the Dublin United Transport Company and the Great Southern Railways Company may be different from what is proposed by the Minister in this measure. In response to a suggestion made by me here yesterday, the Minister admitted—and I was glad he did it so frankly—that the reputation of the existing management of the Great Southern Railways, which is likely to be the management of the future, is involved or likely to be involved in the report made by the tribunal. I think these are two very good reasons why the amendment should be accepted by the Minister and the Second Reading of this Bill deferred until such time as the tribunal report is made public or is furnished to members of this House.

There is another very important reason in support of the amendment. Many members of this House, and large sections of the trading and travelling public, are not convinced that the recent reductions in rail services, including the suspension of branch line services, are justified by the facts as we know them. I am not satisfied that a good case has been made, either by the Minister or by the railway authorities, in support of the recent proposals, approved of by the Minister, for the closing down of several branch line services of the Great Southern Railways and for the reduction in the main line services. For instance, the suspension of return fares is just another way of adding 20 per cent. to the passenger rates paid by the travelling public.

What has that to do with this scheme for the future regulation of transport?

I am suggesting that, until some more reliable information is furnished to this House, in support of the proposals for the reduction or suspension of services and such matters, and until a public or Ministerial inquiry is held into these matters, this Bill should not be proceeded with.

I fail to see how an alteration at the present moment, in a time of crisis and emergency, is relevant to proposals for the regulation of transport after the emergency.

The Minister himself has said that the management must be conducted in accordance with the requirements of public policy, and I think the requirements of public policy are dealt with in this Bill. They should be defined more clearly by the Minister, in his reply, than they were outlined by him in his elaborate introductory statement. I wish to say quite frankly, and in order to be fair to the Minister, that he made his introductory statement in conciliatory and fairly convincing terms. They were not convincing, however, from my point of view, from the point that he was justified in doing a somersault on the major policy issue, that is, on the question of nationalisation versus private monopoly as proposed in this Bill.

The management of the Great Southern Railways has been entrusted to a chairman-dictator, and when that appointment was made, and when it was challenged here at a particular time, I supported the Minister in his attitude in making a drastic change in the management of the railway at that particular period. I knew that things could not be worse than they were and that, if any sound commonsense chairman-dictator could be found to replace the people responsible for the mismanagement of the railway up to that particular period, it would do good. That was the reason I supported the proposal put forward. On an occasion of this kind, I think we are entitled briefly to review the policy of that chairman-dictator, related particularly to the point that the man who has been in charge of the railway system for the past two years is likely to be—almost certain to be—the chairman-dictator provided for under the terms of this Bill.

There is no chairman named in the Bill.

I know that perfectly well. I was coming to the House the other day—I think it was last Friday— and I was called to one side by a gentleman—I think he is well known to the Minister—and he said: "Come here, Davin; do you ever back a double? Would you like to back a winner?" I said I had had the misfortune to back losers on more occasions than I backed winners. I do not gamble very much. I know the Minister is a good sportsman. "Take it from me," said this gentleman, "the best thing going for this week is a double for the railway and transport stakes, Mr. Reynolds for chairman and a prominent Transport Union official for a place."

There is another reason which would justify me in opposing this measure as it stands, and that is the unusual proposal contained in it as regards fixing the date for the coming into operation of this legislation. I know of no other Bill introduced into this House—I am subject to correction on this matter— in which the commencing date was named. The commencing date clause in connection with measures of this kind has always been put down in a different fashion—usually there are words inserted in a particular section giving power to the Minister to make regulations fixing the date for the coming into operation of the legislation, partially or wholly. Here we have a date fixed on which the provisions of this very comprehensive measure are to be brought into operation. I put it to the Minister, with great respect, that in the existing circumstances, and with such limited time at our disposal for the discussion of this very important Bill, it is utterly impossible from the point of view of Parliamentary business, properly to consider the various sections if we are to permit the Bill to be put into operation on July 1st, as is proposed in a certain section. I strongly urge, if the Bill is read a Second Time, that the Government should alter that date.

The policy enshrined in this Bill is a complete reversal of the transport policy of the Fianna Fáil Party, as indicated from time to time over a long period of years by the Minister. This Bill, in the opinion of many people who would be inclined to regard it in an impartial way, is based on a Fascist philosophy. It is an amazing thing that a Minister, who presumably stands for democratic principles and who, up to yesterday, advocated a policy of nationalisation for the country's transport services, should in such a short time turn such a somersault in regard to a big issue of this kind. It is not necessary for me to go back upon the many speeches made by the Minister, both outside and inside the Dáil. The Minister's policy, as indicated when he was introducing this Bill yesterday, is a complete reversal, without any justification, of the policy that was put before the people by him and his colleagues since they came into office in 1932. Would it be unfair for me to suggest that, in backing the election of the Fianna Fáil Government in 1932, the Labour Party at that period indicated they were doing so because of the transport policy of the Minister? That was one of a number of items indicated to us as part and parcel of the Fianna Fáil policy. Fianna Fáil Ministers said they would regard it as their duty, having come into office, to put their transport policy and their policy in respect of four or five other major matters into operation.

It is hardly necessary to remind the House that no attempt was made, subsequent to the formation of the Fianna Fáil Government, to bring the policy of nationalisation of transport services into operation. In 1933 the Minister got the House to pass a measure which, in his opinion, would stabilise the railway services, give us an efficient transport system, give the trading and travelling public cheaper rates, and ensure for the workers engaged in the industry more security of tenure and better conditions of service. Is that not a fair interpretation of what the Minister said when he was concluding on the Fifth Stage of the Railways Act of 1933? I take it he is not disputing that summarised version of the speech he delivered on that occasion. He wound up by saying that this was the last opportunity private ownership of the transport of this country was going to get and, if it was necessary to go further, the next step would be nationalisation of all the transport services of the State.

Here we have a Bill containing quite a different policy. It is the most extraordinary measure ever introduced in this House in my memory, and I have been here since 1922. It is a measure which sets up a private monopoly, but puts the onus on the taxpayers to provide the money with which to carry on the proposed scheme to improve the existing transport system. It places an obligation on the taxpayers in the future if necessary, to find the money which will pay the interest on the £16,000,000 debenture shares. While the taxpayers may be called upon to guarantee the interest upon the capital of £16,000,000, not one representative of the taxpayers in this House can raise a question as to the administration of this measure. I say that that is a Fascist philosophy. It is produced to us in very naked form. It is an amazing reversal of the policy over which the Minister stood since 1932. The Minister for Industry and Commerce is a hardworking Minister who gives good service to the citizens according to his own lights, but he had no right to go before the people, among whom are thousands of railwaymen in his own constituency in Dublin City South, and in Athlone and Cork and elsewhere, and tell them that his policy for the stabilisation of the transport services was a policy of nationalisation. He comes in here, after having misled the citizens of the State, and produces a Bill which is quite the opposite to what he promised the people when discussing this matter on several occasions since 1931.

The Minister on many occasions in this House taunted the members of the Labour Party with constantly criticising proposals of the Government and failing or refusing, because of their inability or because they were lazy, or for some other reason, to produce any constructive alternative. Now, the Minister in his introductory speech yesterday did mention the fact that this Party had sent him a copy of certain proposals which had been prepared over a very long period dealing with this whole matter. These proposals, which were prepared with the knowledge that the Minister had committed himself in his public statements here and outside the House to a certain policy and after careful consideration and examination of the matter by railway experts, experts on the financial side as well as on the operating side, are our constructive alternative to the suggestions in this Bill. No matter what he may think of the contents of the document which was sent to him with the compliments of the Labour Party, no matter what he may say about their soundness or otherwise, the Minister cannot accuse us in future, at any rate, of failing to face up to a solution of this particular problem.

When dealing with the question of nationalisation and trying to explain to the House why he had changed his attitude and why the attitude of his colleagues had changed on this question of major policy, the Minister apparently had our proposals in his mind. He made the extraordinary excuse for refusing to accept the policy of nationalisation that a nationalised transport service meant a subsidised transport service. I refuse to accept that argument. It is possible to conduct a transport service under a system of nationalisation administered through public utility corporations in such a way as to give an efficient service to the public at even cheaper rates than are being provided at present and to give to the workers engaged in the industry better and more secure service conditions than they now appear to be entitled to.

There is no use in the Minister quoting the case of Belgium. It is not a sound comparison with the conditions prevailing here. The Minister talks about a subsidised transport service. I wonder does he know that when this war broke out, every country that was immediately involved in the war, where the railways and the transport services were not at the time under the control of the Government, immediately brought the railways and transport services under Governmental control. I wonder does he know that, following the adoption of that policy in Great Britain, not alone have the railways not increased their rates to any great extent but, after making full provision for the standard revenue, actually handed over to the British Chancellor of the Exchequer a year ago £43,000,000, which was the excess revenue over the standard revenue provided for under the British Railways Act. There is no question of a subsidy there. As well as rendering an important national service during the period of the war, in addition to the fact that they did not to any great extent increase the goods or passenger rates, they handed over £43,000,000 to the British Chancellor of the Exchequer, and, if my information is correct—I could not produce evidence to prove it at this stage—a bigger sum is likely to be handed over as a result of the current year's working of the British railways. How is it that countries which are at war and whose Governments did not believe in the policy of nationalisation immediately adopt a policy of nationalisation or Governmental control when war breaks out? I refuse to accept the suggestion that a nationalised transport industry automatically means a subsidised transport industry. Indeed, if we are to judge the administration of the larger transport concern here subsequent to the coming into operation of this Bill as it now stands, I do not think that the country will be assured of any more efficient railway service or any cheaper form of transport. Certainly, so far as one can judge, the security of the workers employed in the industry is in very grave danger.

I said that I strongly supported the appointment by the Minister a couple of years ago of the present chairman-dictator. I admit that the chairman-dictator came into that position at a very critical period when the railway industry was on the verge of collapse. I always assume that a dictator who is gifted with common sense and good judgment and who knows his job is not by any means a dangerous man and that a dictator who knows his job is a man who will not kow-tow to "yes-men" surrounding him in carrying out the big job that the chairman-dictator, for instance, of the Great Southern Railways was handed by the Minister.

A strong man in any business concern is a man who does not want "yes-men" and the only thing I am amazed at is that the chairman of the Great Southern Railways in the past, who could not help in the exceptional circumstances being surrounded by three or four "yes-men," did that. If the man who is there at the moment is to be the person to administer this Bill, I would be amazed, if he is a man who knows his business, if he will tolerate six or seven "yes-men" around him. They are there as `yes-men" and, according to the relevant clause of the Bill, they have no power except to sit at the board meetings. Six out of seven of them can be present at a meeting but, if the chairman is absent, they can do no business. Unless the chairman is present and agrees to take a certain decision and to put that decision into operation, the other six can talk as long as they like, but they cannot prevent the chairman from carrying out whatever decision he has come to. If there is any greater example of "yes-men" I do not know where it is to be found in any commercial concern in this or any other country. I do not know too much about the working of similar concerns in other countries since 1939, but there is no other case of the kind in the world that I know of.

On the other hand, I do not know how six self-respecting commercially-minded men, who know their own business, but who know nothing about the transport industry, would take a job on the board of the Great Southern Railways without having any power except the power to talk and collect fees for doing nothing or for being prevented from doing anything. The "yes-men" who have been serving with the chairman-dictator for the past couple of years are to get extraordinarily generous terms of compensation under these proposals, while the railwaymen, the men who help to carry on the industry from day to day, are not guaranteed anything, except those of them who may be declared redundant between 1st July and 31st December. I have a limited knowledge of transport operating work and I have a fairy intimate knowledge of the very large number of men who have been employed over a long period of years by the Great Southern Railways.

The Minister amazed me when he suggested yesterday that there would be very little redundancy, while, in an earlier portion of his speech, he suggested that there would be considerable economies. If there are to be considerable economies, as a result of the so-called unification scheme provided in the Bill, are the economies to be in connection with reductions in purchases of coal, of material? Where are the economies to be? Am I to take it that the chairman has indicated to the Minister that there is very little likelihood of any redundancy being created as a result of the coming into operation of the measure and that any redundancy likely to arise will disclose itself between 1st July and 31st December? In other words, is it to be understood that the chairman-dictator and his advisers have gone into this scheme in such detail that they know exactly the number of railway officials, if any, who are likely to become redundant as a result of the coming into operation of this measure on 1st July?

I suspect that it would take a long time after the measure came into operation to find out where redundancy would arise, and, if that is so, it naturally follows that the compensation period provided for those who are likely to become redundant should be extended to far beyond 31st December. The chairman is a marvellous man if he could walk down to the Minister's office the day before the Bill was introduced, and give him exactly the number of persons likely to become redundant. Did the chairman give in detail to the Minister, when discussing this aspect, the improved methods of working likely to be brought into operation following the passage of the Bill? I suspect that if there are to be improved methods of working from the technical angle in connection with the administration of a long-term measure of this kind, they will not be disclosed until after the war ends, and, if that is so, redundancy will not be exposed until after the war ends, and, on that basis, there is, in my opinion, a very sound argument for extending the period during which compensation will be paid to those who may become redundant.

Deputy Norton on the question of compensation asked the Minister yesterday whether the people who have become redundant at the moment, as a result of what the Minister says is the temporary closing down of branch lines, are entitled to compensation under existing legislation, or will they become entitled automatically to compensation as redundant servants following the coming into operation of this measure? I want an answer to that question. I am personally satisfied—I hope I am wrong—that the railway branch lines recently closed down because of alleged shortage of fuel are not likely to be re-opened for a long time, and I suspect that this is associated with the long-term transport plan enshrined in this measure. Why do I say that? I went on a deputation to the Minister with some of my colleagues representing my constituency a few days ago, and it was suggested that if the Minister could see his way to carry on the working of a certain branch line, that line could be carried on, to the satisfaction of the people who know a good deal about the running of the railway, with fuel consisting of turf and timber. I have a letter from some railway people who are affected by the closing down of what is known as the Shillelagh branch.

These are matters of administration in time of emergency and not related to this measure.

They are, but what has happened in the recent past has a very definite bearing on the administration of the measure we are discussing. I am relating this to the compensation clauses of the Bill. The Minister yesterday declined to give a definite assurance as to whether persons who recently became redundant as a result of the closing down of branch lines are entitled to compensation under the existing law, or whether they will be entitled to compensation under the terms of this measure. If engine drivers and firemen who know their jobs better than I do and better than the chairman-dictator knows them, men who have been working these branch lines—the Shillelagh branch and the Mountmellick-Portlaoighise branch to which I am referring—say that these sections can be carried on with turf and timber——

That is irrelevant.

I do not see why the branch lines should be closed down.

That does not arise on this Bill.

The Minister made it relevant by references in his speech. He talked about the recent closing down of these branch lines as being temporary and I am endeavouring, following upon his statement, to give reasons—they may be wrong—as to why I think these branch lines have been deliberately closed down, never to be re-opened. Following on that, some hundreds of railway men are declared to be redundant and I am asking simply whether compensation will be provided for these redundant men, either under this Bill or under the existing law. I think that is a fair argument and I am not wasting time.

The Deputy realises that this is not an opportunity for discussing the present difficulties of the railways owing to shortage of fuel and other difficulties.

I am endeavouring to make the case that if the present chairman-dictator is to be the chairman-dictator of the future, and if the policy of that dictator in the recent past is to be his policy in the future, this Bill is a farce. I may not be making that case as well as a better educated man, or as men with university degrees, could make it, but I am trying to make the case as a person who has been employed in the transport industry for 37 years and who knows a little about the operating side of the industry.

One of the things I regret more than anything else about the attitude of the chairman is his general attitude towards the railway workers. Deputy O'Higgins made a very significant remark yesterday when speaking in opposition to the Bill and in favour of his amendment, when he said it was quite possible that the persons appointed to administer this measure might look upon this in a rather peculiar way. In other words, he said, there might be a chairman-dictator who was a purely road or rail-minded man. I knew perfectly well, when the present chairman was appointed by the Minister, that, because of his past limited experience of the running of a local service, he naturally would be a road-minded man. I think that has been proved up to the hilt by the policy he has pursued since he took office. He has made a number of new appointments which make it quite clear that he looks on the roads rather than the railways as the kernel of the transport system of the future. It is one of the things that cannot escape the attention of railwaymen. I think that it was the duty, that it still is the duty, of every railway servant employed by the Great Southern Railways to co-operate, for their own selfish sakes, if you like, with the powers-that-be in order to try to bring about as efficient a system of transport as possible and to give the public a really satisfactory and efficient transport system.

I am inclined to think—in fact, I am convinced—that the chairman of the company looked upon railwaymen with a certain amount of suspicion. He did not appear to take them into his confidence, from the very first day that he took up his position as manager at Kingsbridge, and the Minister knows just as well as I do, if not better than I do, that a number of the important appointments that were made subsequent to the chairman's taking up office during the last couple of years were drawn from persons outside the railway service and from persons who had been associated with road transport services.

No intimation has been given as to this new manager. He is not specified in the Bill.

I only wish to relate my remarks, Sir, to what the Minister has said with regard to public policy.

I think it is obvious that the Deputy, in speaking as he is, has a certain individual in his mind, and the particulars of that individual's administration or his record since his appointment are matters not to be discussed on this Bill.

Surely, Sir, if the person in the Minister's mind is the same man as is in Deputy Davin's mind, we are entitled to discuss the administration of the affairs of the company and his record and ability since his appointment.

I suppose Deputies are entitled to debate this Bill without bringing in personalities.

I respectfully submit, Sir, that if the name of the person concerned were before the House one would be entitled to discuss his record without being criticised as indulging in personalities.

I submit, with all respect, Sir, that the successful working of this measure is very closely related to the ability, intelligence, and balanced judgment of the chairman-dictator-to-be of the company, who, I suspect, will be the man who is there at the moment and who has pursued a certain policy during the two or three years in which he has occupied that position. I assure the Minister with all sincerity that I have no personal prejudice against that man. I do not envy him in the difficult job that he has had during the last couple of years, nor do I envy him in the more difficult job that he will have to face if he retains the position of chairman-dictator in the coming years. I was trying to relate the few remaining remarks that I want to make to the Minister's statement, namely, that the management of the company must be conducted in accordance with the requirements of public policy. Is it part of the public policy of the Minister for Industry and Commerce to encourage the chairman-dictator to act in the way he has acted towards the railway workers in the recent past? Whenever the chairman-dictator has anything to give away, he sends for what he calls representatives of the rank and file.

I never heard of such an attitude being adopted by the head of a concern which is going to have control over the lives of about 80,000 of our citizens. He must know perfectly well that a number of long established organisations are in existence and that they represent the considered opinion of the overwhelming majority of the railway workers here; but instead of sending for the elected representatives of the organised railway workers, whenever he has anything to give away or anything to discuss in connection, for instance, with the setting up of a pensions scheme, he sends for the representatives of what he calls the rank and file. Is that Communism, or what kind of an "ism" is it? Any man of well-balanced and sound judgment, if he wants the co-operation of the workers in connection with a huge industry such as this, would surely send for the elected representatives of the men concerned and discuss with them such matters as their living conditions and so on. I am sure that some of the railway men who were sent for by the chairman represented nobody but themselves. Some of them, probably, are well known in the local Fianna Fáil Cumainn but they do not represent the organised workers, and yet they are sent for while the real representatives of the organised workers, who have represented the workers over a period of years, are ignored in connection with a matter affecting their livelihood and that of their families.

I want to know from the Minister in what way that kind of activity is related to, or in accordance with, the requirements of what he calls public policy. If it is, it is another reason why we should oppose the Second Reading of this Bill; it is another reason why, at any rate, the Minister should have a serious talk with the man who has been carrying on the concern in such a manner. The same person recently instructed his general manager to send for the representatives of the unions when this transport crisis arose.

The Deputy is obviously endeavouring, on this Bill, to discuss present problems of the railway company, and this is not the opportunity for doing so.

I must bow to your ruling, Sir, but I am trying to relate my remarks to the Minister's statement, which was to the effect that the management of the company must be conducted in accordance with the requirements of public policy, and I suggest that if we cannot discuss these things there is no use in going into any further discussion on the Bill. I am relating my remarks to the Minister's statement about the requirements of public policy, and I want the Minister, who is standing behind this measure, to say whether these things that have happened—perhaps without his knowledge, and I am quite sincere in that—are in accordance with the requirements of public policy.

The Deputy is still discussing the recent difficulties in railway management.

The Minister introduced these matters. He told us the other day, when these matters were raised, that he had no control in respect of them. He has control of this measure now. He is asking us to accept this measure.

The Minister will have two Estimates before the House later and the Deputy may then have his opportunity.

I submit to you that I would not be allowed to discuss the administration of the railway service on any Estimate likely to come before this House.

The Minister told the Dáil the other night to mind its own business in connection with this matter and not to interfere with the railway company.

I said nothing of the sort and Deputy McGilligan knows that quite well. I said it was no function of this House to interfere in negotiations between the company and the railway unions.

That is the very point.

I still hold to that opinion.

The Minister told the Dáil sharply to mind its own business in regard to this matter when Deputy Larkin was speaking. The House is precluded from discussing a matter that almost brought about a complete stoppage of railway operations.

Mr. Larkin

In the course of the proceedings, the Minister referred to the history of the railways since 1934. He admitted that they were ineffective and incapable. I presume that the Deputy in possession is trying to prove that the Minister was correct in that statement and that he proposes to adduce other arguments.

I want to know whether public policy, as indicated in the recent past by the chairman-dictator of this company, is related to the Minister's outlook on these matters and whether that is to be the policy to be pursued if the same man holds this job in the future. That is a reasonable request to make, having regard, particularly, to the words used by the Minister yesterday, which I took down. I want to know whether it would fit into the requirements of public policy for the chairman-dictator under this Bill to send for representatives of the rank and file when he has something to give away and to send for the representatives of the unions when he wants the men to give away something, to surrender their conditions——

Apparently the Deputy did not notice that the occupant of the Chair had risen. It has been already intimated that the matter to which the Deputy is referring is not relevant. To that opinion, the Chair adheres. The Deputy is possibly endeavouring, under the guise of discussing this measure, to discuss present or recent controversies between the railway company and trades unions, matters that have no bearing on this Bill.

You have told me that an Estimate will come before the House on which I will have the right to discuss these matters. I want to know which Estimate that is.

The Chair does not propose to answer questions of that nature so put.

I suggest that there is no Estimate on which I would be allowed to discuss these matters. I have a good knowledge of the Rules and Standing Orders of the House. If you will tell me the Estimate on which I will be entitled to discuss these matters, I shall sit down.

The Chair has already informed the Deputy that he may not pursue the line he has been following.

Can we get from the Minister, in his reply, a statement showing what the requirements of public policy in connection with the dealings of the chairman-dictator are to be under the terms of this measure when he has a right to carry on conferences and negotiations with the men? Deputy O'Sullivan pointed out, during his speech yesterday evening, that Section 10 of the Railways Act, 1933, was, apparently, repealed and that the rights given to rail workers under the terms of that section were to be taken from them in the future under the terms of this Bill. Section 10 of the Railways Act, 1933, says:—

"From and after the passing of this Act the rates of pay, hours of duty, and other conditions of service of the road transport employees of a railway company, employed for any of the purposes of the road transport business carried on by such company and whose depot or other place of employment is situated in Saorstát Eireann, shall be regulated in accordance with agreements made or to be from time to time made between the trade unions representative of such employees of the one part and such railway company of the other part."

That section is not repealed.

Where is it in this Bill?

It is not necessary to have it in this Bill. I have explained that this Bill refers to one company.

The other Act relates to all transport companies and the provisions of that Act, which apply to all transport companies, will apply equally to this company.

The Minister knows that, during the past three months, the railway trade union which negotiated the existing conditions of service with the road-services section of the Great Southern Railways Company was ignored——

They have their redress in the courts, not here.

And that a union which has only a very small number of such workers employed in the southern portion of this country was brought in and had actually made a secret agreement with the chairman of the company, giving these men 10/- a week of a rise, at the same time that the same chairman was asking the railway workers to surrender their bonus of 13/- a week——

The Deputy knows that that statement is not true.

It is true.

I saw it contradicted.

Did you see it contradicted officially?

I say it is true that a secret agreement was made and the Lord Mayor of Cork, who was a member of this House, will not deny that. I have correspondence about it showing agreement to give the road-services section an increase of wages of 10/- a week. They are entitled to get that and were entitled to it long ago. This was done at the same time that the chairman-dictator had the trade union representatives in at Kingsbridge telling them that they would have to surrender the guaranteed week and their bonus of 13/- a week.

Mr. Looney rose.

Is this a point of order?

There is one good union able to look after its members.

Is that a point of order?

It is not a point of order and the matters to which the Deputy has been referring are not in order.

The Deputy has made his point of order. You can bribe people sometimes—can you not? I want to know whether or not the Minister is prepared to defend the policy of the chairman-dictator who can carry on secret negotiations for the purpose of giving one section of transport employees, the road section— the section he likes—these increases of wages——

That is not in order.

——while railwaymen with 40 or 50 years' service are to have that service smashed——

That is irrelevant.

I challenge the Minister to deny that such an agreement was being negotiated on the 15th April.

I know nothing about it except what was in the newspapers.

Then you know nothing about what is going on in the railways company. Another reason for refusing to give a Second Reading to this Bill is that Section 10 of the Railways Act, 1933, is not incorporated in plain language in this Bill.

Because it is not necessary.

The failure to see that that be done may lead to a railway crisis in the very near future. There is no reason why Section 10 should not be incorporated in this Bill in the same way as Section 56 and other sections, which are taken out word for word.

Section 56 related to the Great Southern Railways only and has to be incorporated in this Bill. I have explained that and surely Deputy Davin understands the explanation.

Is the position that Section 10 of the 1933 Act and Section 56 of the 1934 Act are still law notwithstanding that they are not incorporated in the Bill?

The provisions of the 1933 Act will be of full effect as applying to all transport undertakings, as it originally applied to all transport undertakings. Section 56 related only to the Great Southern Railways and must be incorporated if it is to apply to this company.

The real reason for doing some of the things I have referred to is to smash the trade unions which have a fighting record. The existing railway unions have been in existence for a long period. Deputy O'Sullivan, Deputy Keyes and I have been members of some of these unions for the greater part of a lifetime. I want to put this matter to the Minister fairly and squarely and I do not accuse him of any personal prejudice in this connection. Railwaymen, irrespective of the particular section of the industry in which they work, have lifelong rights as members of trade unions. They have paid for insurance benefits, for pensions for their widows and orphans if they themselves pass out while in the service, for unemployment benefit during the period of a railway strike or a crisis in which they lose their employment and for convalescent benefits. It is proposed by this chairman-dictator to take these constitutional rights from the railwaymen by a stroke of the pen.

The Deputy is still discussing the present disputes.

I am relating the attitude adopted in the recent past to this measure.

The Deputy has not related these matters to the Bill.

Section 44 of this Bill is a very significant section. It is proposed, instead of tolerating or meeting the officials of the fighting trade unions—reasonable men, as they have proved themselves to be over a period of 21 years—to replace them by clubs.

Nonsense.

Section 44 states:—

"(1) The company may establish and support, or aid in the establishment and support of, associations, clubs, institutions, funds, trusts and conveniences calculated to promote the welfare of employees or ex-employees of the company or the dependents or connections of all or any such employees or ex-employees.

(2) The company may make payments towards insurance for the benefit of all or any of its employees or ex-employees or the dependents or connections of all or any of such employees or ex-employees."

They want the railwaymen to lose their bonus in a critical period like the present. This is the type of house-union or club which is to be substituted for the fighting unions which have protected the livelihood of the railwaymen during the past half-century. There would be a damn good fight put up by the railwaymen for the right to select the union of their own choice.

And their football clubs, too.

Will the Minister deny that they have a constitutional right, under the Constitution he has boasted of, to have free association? Are the railwaymen to be conscripted into a particular union where they will be compelled, as a result of this policy of conscription, to surrender their rights—rights which they have not only paid for—and the rights of their dependents? Are they to be compelled to join clubs and associations like those provided under Section 44? Are the fighting trade unions to be replaced by the house union?

The Deputy knows that that is a misrepresentation. I invite the Deputy to put down an amendment on the Committee Stage to delete Section 44, but before he does that I advise him to consult the railway workers on whose behalf he is supposed to be speaking to-day.

This is one of the sections on which the rank and file representatives have been consulted, whoever they may be. Some of them are known to be prominent members of the Fianna Fáil Party and to be useful to the Minister.

Mr. Larkin

Holden, for instance.

Yes, Holden, the man who was provided with a free gramophone to libel and slander people in the last election, and there are others, too. I am not saying this in any contentious spirit——

Whether I appear to be or not I do not mean to be provocative in the matter, but men who have constitutional rights are surely going to fight for the maintenance of these rights. They will not allow the Minister nor any chairman-dictator appointed by the Minister to deprive them of these rights while they have courage and independence to fight for the rights they have established over such a long period in the service of the railway company. All this prejudice against the existing unions is supposed to be due to the fact that they are dominated by British officials. That is all "codology". The railwaymen were not dominated by British officials during the Black and Tan period or in the pre-war period.

Deputies

Hear, hear.

No, there was no attempt by so-called British officials to interfere on any matters of national, or even political importance to Irish railwaymen. I speak on behalf of what is called an amalgamated union, and I have 37 years' membership. No British official would be allowed at any time to interfere with any of our men on any matter concerning the political outlook or future or status of this State and no attempt was ever made to do so and I can say the same of another organisation of which I have intimate knowledge and the Minister knows very well that I am stating the facts.

But there is nothing about it in this Bill.

I say here again, that this so-called domination is all a cod.

Would the Deputy indicate how that relates to the Bill?

I will indicate where it operates on the other side, if you will allow me. And I want to say that the Minister knows perfectly well that. a British national has been acting as general manager of the Great Southern Railways Company with an assistant who is a Scotsman and who is without railway experience. These appointments were made by the chairman-dictator——

I have nothing whatever to do with it.

——and even the chairman-dictator has to go to England to buy his horses because he thinks he cannot get a decent horse in this country——

The Deputy is out of order and knows it. He has been discussing one individual, about whom he has now descended to personalities.

So long as my statements are related to the facts, I think there should be no quarrel about it. I am sure that the Minister and the House know they are facts.

The Deputy's statements must be related to the Bill; that is the Chair's concern.

I submit, Sir, that I have related it to Section 44 of the Bill.

The purchase of horses in England is not related to this measure. He should have some regard for orderly procedure.

I suppose that if this Bill survives the Second Reading Stage, I will have another and better opportunity of dealing with many of the matters of importance that arise as a result of its introduction. For the remaining portion of my life in the transport industry—a short portion—I want to see an efficient transport industry, efficient from the point of view of service to the community, as well as one that will offer more security than has apparently existed up to the present for those carrying on the industry. I said also that if the chairman-dictator to be appointed under the terms of this Bill has a good sound knowledge of the transport industry, knows his future policy, has made up his mind as to what should be done in order to provide more and better transport services for the community, he will not—if he is a strong man who knows his job—take the insult offered to him by the section of this Bill which gives him the assistance of six "yes-men."

He has had the services—if they have rendered service—of these "yes-men" and I ask Deputies of this House to examine the over-generous terms of compensation provided by this measure for these "yes-men." Some of them occupy several directorships and chairmanships. I understand that one of the men who is going to get compensation under the terms of this Bill will get compensation if he goes out. He is nearly 80 years of age and before the next meeting he will get compensation as a director of the Dublin United Transport Company, and compensation as a retiring director of the Great Southern Railways Company as well. He has several other directorships including the chairmanship of the famous Dublin Gas Company. Compare these terms with the so-called terms of compensation provided for the railway workers who because of the redundancy inside a short period, and outside the period of redundancy prescribed in the Bill, will have to leave their jobs.

The Minister said that the Bill will effect considerable economies, but he did not say in what particular department or section these economies would be achieved. If economies are brought about by the reduction in the prices paid for materials, or in the quantities of materials purchased, very well, but I suspect that the considerable economies will be brought about as a result of the redundancy created by the terms of this measure.

Before I conclude, I want to ask the Minister one question. The Minister continued to talk during his speech about the unification of transport, the principle supposed to be enshrined in this Bill. If this is a Bill as he says for the unification of all the transport services of this country in one public concern, why has he left out the Grand Canal Company? I have spoken to several transport people who might be able to give me some explanation as to why the Grand Canal Company was left out of the Bill. It is over 20 years since a commission set up by the Minister's predecessor reported in favour of the nationalisation of inland waterways and canals. One of the advisers, who is on the Minister's right-hand side to-day, a man who has a lifetime of service in the transport industry, was the efficient secretary of that commission. If that commission found it necessary to recommend unanimously the nationalisation of inland waterways and canal companies why is the Grand Canal Company left out of this so-called unification scheme?

I want to tell this to Deputy Larkin, and it may be information to him. People who are in a position to know the facts are saying that the reason the Grand Canal Company has been left out of this so-called unification of transport is because Jim Larkin's Union is in control of the workers there, and it would be a dangerous thing to do. If that is not the reason, let the Minister give us the real reason.

There are some very objectionable features of this Bill to which I desire to refer briefly. As a Dublin citizen and as a representative of the citizens, I contend that this city, the capital of the country, should have a transport service separate from that of the country, and that it should not be bound up with it in any way as it is proposed should be done under the Bill. The citizens have for many years enjoyed an ideal transport service which has a great record for efficiency. They feel, and it is my opinion, that the Dublin transport services will not be bettered by this measure.

The position of the Dublin Corporation has already been referred to by various Deputies who are also members of the corporation. They have pointed out that the obligations of the two companies, the railway and the transport company, are not being transferred to the new company under the Bill. I understood the Minister to say that they are. But members of the corporation are advised and contend that there is no definite provision in the Bill to cover this. I think the Minister ought to safeguard the rights of the citizens by transferring the existing rights of the corporation and ensuring that they are inside the scope of the Bill.

Section 41 provides that compensation shall be payable to employees only if their office or situation is abolished within six months from the 1st July directly and solely as the result of the amalgamation. But the section is qualified to provide that compensation shall not be payable if the abolition of situations or offices is due to decrease in renewal or maintenance work, alteration of methods of working, closing of railway lines or other economic causes. The expression economic causes covers a wide field.

All the new company has to do is to defer taking action in the case of any employee until after the lapse of the first six months. Then the employee may be dispensed with without compensation and, in any event, exceptions in the section rule out any possibility of anybody obtaining compensation because everything is covered to deprive all employees of any grounds for claiming that their retirement was directly due to amalgamation. Let us contrast this with the Third Schedule of the Railways Act of 1924, as amended by the existing Officers and Servants Act of 1926, which provided that any employee can qualify for compensation at any time within seven years of the passing of the Act. It is obvious that, under the present Bill, only two or three members of the company's 15,000 employees can qualify for compensation and then only if their offices are abolished within six months of the passing of the Act.

Section 60 relates to the new advisory committee. In selecting a new advisory committee, I would suggest to the Minister that he should make some provision for the inclusion in it of an expert who has a railway mind, and who understands railway work. Without throwing any reflection on any of the persons whom he proposes to appoint, I feel that any man or group of men who are what I might call road transport minded, will not be capable of running a railway under the proper conditions. I think that railway transport should be kept distinct from road transport. I do not know to what extent the Minister may accept amendment of this Bill, but as it is presented to us I feel I must oppose the motion for its Second Reading.

The state of the railways and of transport generally in this country requires that something should be done for them and we have now before us the Transport Bill. I feel, however, and I think the public generally feel also, that insufficient information has been given to us on this subject. We have the report of the Transport Tribunal but the proposals contained in this measure should have been more widely discussed and we should have been given more information than we have got up to the present. That is one of my chief objections to this Bill—we do not know where we stand in relation to the problem, and we do not know what changes the Bill is going to bring about. Very wide questions like the suitability of a railway system in this country are raised by this Bill. I cannot really deal with that problem in a speech here and no attempt has been made to inform public opinion as to what experts think about it, especially foreign experts. In that connection I think that it is an utterly unsuitable time to alter the transport system of this country during an emergency, in the middle of a world war. I would like to recall Deputy Fitzgerald-Kenney's fear that the present measure would lead only to the bolstering up of an inefficient railway system. I am not saying that the railway system in the past was inefficient.

Mr. Larkin

The Minister said so. He said it was inefficient.

I shall come to that later He did say it. Deputy Fitzgerald-Kenney was afraid that an inefficient system would be bolstered up as a result of this Bill, while Deputy Larkin, Junior, was afraid that the railways would be neglected. There you have two Deputies taking entirely different points of view on this Bill. I do not think that it is any great tribute to the clarity of the public mind in connection with this matter and I believe the Government should have introduced these proposals in a different way. They should have cleared the public mind on the matter.

Two Deputies have put forward diametrically opposed points of view, and we have had this talk of nationalisation. I think that there is a distinction without a difference between nationalisation and what is proposed in the Bill. After all, nationalisation by creating public ownership of transport, and a system in which the Minister takes on an immense number of new duties in connection with transport, are very close to each other. If the Bill does not propose public control of transport, I do not know what is meant by public control. The Minister proposes to make the country liable to pay interest on £16,000,000 capital. The citizens of the State are to be saddled with that sum if the railways cannot be made to pay. That again is more or less nationalisation.

We have heard a good deal about the dictatorial powers of the proposed chairman under the Bill. He may have dictatorial powers but there is no doubt as to who is the boss. The Minister is the boss under this Bill. As I say, I think this is nationalisation in its essence, but unfortunately I think that the scheme will have many of the disadvantages of Governmental control without Governmental responsibility. I am afraid that when any question in connection with transport is raised in this House it will be only too easy for any Minister to say: "That is not a question concerning my Department; you had better apply to Córas Iompair Eireann and they will answer you." One will be chasing from Kingsbridge back to the Dáil and, at the end of it all, one will find it impossible to know under which thimble the pea lies. I think that is a danger that might very easily arise.

This Bill is designed to help transport. So far so good, but transport is a means; it is not an end in itself, although it is of very great and very vital importance to this country. It is the handmaiden of agriculture and industry. It is their servants. In what way is this Bill going to improve the position of the railways and thereby serve the public generally in a better fashion than has been done hitherto? I would submit that matters can be improved only by putting up rates, getting more traffic or lowering costs generally. It is not going to be very easy to increase traffic generally without any very great revival in trade. That is a matter which would be entirely outside the transport companies' powers. As regards lower costs, they may be able to lower costs. I do not know very much about that and I do not suppose anybody in this House is able to say just to what extent the Great Southern Railways Company could at the moment lower their costs. I do not suppose they could lower them very much. I feel that the way in which this scheme will be made pay will be by the easiest method, namely that of increasing the rates and that is at the bottom of the scheme.

Another method will be to cut out competition. The Minister in his speech used words which, I think, he was quoting from the Transport Tribunal. He referred to "an uneconomic excess of transport". That had to me a very ominous sound—"an uneconomic excess of transport". How does one get rid of an uneconomic excess of transport? If you are in the position of a monopolistic company, you cut out that uneconomic excess. You can call it uneconomic, as it undoubtedly has been at times, but it has been also ordinary flow of healthy competition. I believe that in the end this company, whether it starts out with that intention or not, will raise its rates and crush independent hauliers. To my mind there is no other method of making this company pay. What do you think any Minister—I do not refer to the present Minister; there will be other Ministers after him—faced with the alternative of having to come to Dáil Eireann, admitting that his Department cannot run the railways properly, because he will be partly responsible for them, and asking for money to subsidise the railways, or of putting up charges on the public, who are inarticulate and disorganised, will do? He will put up the rates. Of course, he will. He will not come here, ask for half a million of money or whatever sum he may require and run the gauntlet of the Opposition. No, he will put so much extra on the rates. Further, some competition which will be called "an uneconomic excess of transport" will be cut out and in the end the ordinary trader will be paying more for his transport than he has ever paid. Under certain circumstances that line of action may be advisable, but I should like to know just what safeguards the public are going to get in this connection.

There is just one further matter to which I should like to refer. As a member of the Dublin Corporation I am interested in the question of wayleaves. They have been dealt with in this Bill, I think, in a rather unfair fashion. The Minister said that in 1966, I think, the trams then running could be taken over by the corporation.

Mr. Larkin

That is right.

I do not suppose there will be any trams running in 1966 but as regards wayleaves, I would say —and I think this is the view which is held by the corporation legal experts —they were payment for a monopoly, not payment for the right to run trams as such. Now that the buses have come on, we are told that the wayleaves are to go. The buses, however, are still the vehicles of a monopolistic concern. It does not much matter whether the vehicles happen to be trams or buses. More than ever in the past the company which is running the bus services, is now to be in a privileged position. It was because of that privilege principally that wayleaves were first paid. However, I see that this matter is to go before an arbitrator.

There are very many other points in connection with labour and the internal administration of the company upon which I have not touched and I do not propose to refer to them; but I should like to get an assurance from the Minister that his references to an uneconomic excess of transport do not mean that more private hauliers are to be cut out in future and that the poor public, who pay for everything, are in the long run going to be mulcted to pay for this new change.

Deputy Davin in his opening remarks took advantage of his position in the House to libel the officials of another Irish union, many of whom would not indeed attach very much importance to his statement. When he uses his position as a member of the House to make these statements and makes use of what somebody told him outside the gate in connection with the official of an Irish union, I think he is only trying to raise a smoke-screen to hide the members of his own union. I am not going to take advantage of my position here to give my opinion of other unions. I say that we cannot be too generous to the railway workers. We owe them a debt of gratitude. We should not treat them in the niggardly way indicated in this Bill. We should be most generous to the men who rendered service to this country when we required it.

I confine myself to two features of the Bill. One is the generous manner in which the shareholders are being treated. They are being awarded three times the market value of their stocks. I contrast that with the niggardly treatment of the employees. I would ask the Minister to deal specifically with the position of the men who may be redundant, so as to remove many misgivings and doubts in connection with the Bill. Members from all parts of the House made an appeal on behalf of the redundant employees. Personally I do not believe that the general manager, whoever he may be, would be in a position to reorganise the railway and assure the general public the services they have heretofore received, inside six months. As other Deputies have mentioned, under this Bill, employees who are dismissed after six months will not be entitled to compensation or gratuity in connection with their redundancy.

I hope the Minister will make it clear that there will not be less generous treatment of the employees under this Bill than was given under the Railway Employees Act, 1935. Under that Act they were given seven years. This Bill gives them only six months. I believe this is a step towards nationalisation. It would be a step further if the Minister were to introduce a token vote each year and have some report brought to the House so that we would be in a position to discuss the undertaking and its working for the previous 12 months. Farmers and others would be in a position to criticise the management if there were excessive charges imposed on the farming community or on the general public. We would have control. I am opposed to this Bill for the reason that it is giving away rights and giving control to a private company. I am more concerned with the provision of facilities for the public than I am for property. I should prefer that the Minister and this House should have the right each year to discuss the management during the previous 12 months. We have our experience of the sugar factories, the Electricity Supply Board and other undertakings in connection with which, although the Minister may nominally have control, the House is not allowed to discuss the management.

I do not wish to go over all that has been stated by other Deputies. I am concerned only with two items, namely, facilities for the general public, including an assurance that there will be no excessive charges, and a guarantee that no member or employee of the railways will suffer any loss as a result of this Bill. I am sure we can make improvements on the Committee Stage of this Bill. I should like to point out to the Minister that this Bill would appear to be a class Bill. There is generous treatment for directors, whoever they may be—I have no particular person in mind—and niggardly treatment for the rank and file of the employees concerned. I should like to place on record that, as far as I am concerned, I would do everything possible to make a special appeal to the Minister and the Government to recognise the services that these employees rendered to the country in the days when we required their services. We can never forget that. For that reason I would appeal to the Minister to make a public statement that he as Minister and the Government as a whole will not be a party to depriving these men of any rights they enjoyed under the existing law. I make those two special appeals: (1) that the House should have some control, and (2) that there should be an undertaking that employees who may lose their positions will receive adequate compensation.

My first recollection of the word "transport" was in connection with sentences of transportation for life to Van Diemen's Land. At that time I did not understand what "transport" meant. The modern forms of transport are railways, buses, aeroplanes. We farmers would be, in the first place, interested in the roads. We have houses on the sides of the roads. Forty years ago, when trams and buses arrived, we suffered greatly on the roads although in some ways we benefited. The history of the main roads is well known. In course of time, side roads evolved and they were built by the men on the land. But, 40 years ago, when motor traffic was introduced, the roads were stolen from the men who built them and it became impossible for a four-footed animal to travel on them and it has been impossible since. I had several carts on the road and I believe the shafts were broken in many cases three or four times over. It did not end there. Very often I went riding and driving and about ten years ago I was driving into my native town with a good young horse and I did not know what happened until I woke up in the local hospital. It was a shame to take these roads from the men who built them. The men who built the modern roads could hardly be described as artists. They are more fit to be bootblacks than road designers. On all these roads there should be a range on either side for the foot-footed animal.

With that historical introduction, will the Deputy come to this Bill now?

Yes. Well, in connection with road transport, when the Bill is put into operation, I hope whatever Minister may be in charge will look after the roads and recompense those who live on the land for the stealing of the roads. That is my point, Sir. That is putting it in short. I need not labour it any further. We deserve better than that. It should never have been allowed to happen. The capital has appreciated by £2,500,000 since the racket in the shares started. I am not supposed to say anything about the Railway Tribunal, but I wonder if everybody who went bankrupt in the last 20 years would be treated in the same way as this concern. Why should they be treated in that way? I do not suggest that the Government or the Minister has any responsibility, but I was impressed by what Deputy Corry and Deputy Linehan said concerning the appreciation of the shares. There was also a suggestion that the capital that has appreciated as a result of the racket should be dealt with in some form. It is not right that that should be allowed to go on. I have great sympathy with the position of people living in towns. I did not live in this city for a quarter of a century without thinking of the well-being of people in towns and cities. Whatever form the operations of this Bill take, the Minister should take steps to see that attention is paid to the claims of owners of horses and cattle that have to travel along the roads.

In view of our experience of transport during the past few years, the great reduction of railway traffic as well as the complete elimination of road traffic, we find that the business of the country is moving along fairly satisfactorily. The only people who appear to complain of being inconvenienced are those who normally owned motor cars and motor lorries. The ordinary commercial people are fairly well served. In my opinion fast railway traffic is quite unnecessary and any proposals involving the expenditure of large amounts of money for such services would seem to be unnecessary or wasteful. With the experience I have acquired of the transport business, my idea is that there should be such a service provided for the agricultural community as would take them to the nearest towns on market days and take them home in the evenings. Such a service would be of real value to rural areas. The practice of the railways of transporting people in fast trains from the furthest ends of the country to the cities could be suspended. I do not think such a form of transport service is of any benefit. Any proposal to spend large sums of money on the development of speedy transport is at present unnecessary. When dealing with transport generally I cannot understand why more attention is not paid to inland navigation. Some of that service is still in a navigable condition, but when travelling one is impressed by the complete absence of traffic on our canals. I am informed that the Grand Canal is very little used and that sufficient attention has not been paid to its maintenance. The people who use the canals tell me that if those in charge of the weirs or the gates were available when boats come along there would be a considerable saving of time and that additional journeys could be worked. Apparently the men in charge are not paid sufficiently to justify regular attendance and as a result considerable delay occurs. An effort does not appear to have been made to keep the waterways in a navigable condition, and for some years there has been little dredging done. The result has been that boats have been damaged and the carrying capacity reduced. Traffic on the canals should be of considerable value to the community at the present time. I consider that canal navigation should be dealt with by any Transport Bill that comes before the House.

I also believe that any transport legislation should include horsedrawn vehicles. A considerable amount of transport work from railway stations to surrounding areas could be dealt with by horse transport. I assure the House that the needs of country districts would be well served in that way, especially in the delivery of merchandise from railway stations. I believe that the inclusion of horsedrawn vehicles in transport legislation would be an advantage to various towns and villages. Turning to the position of owners of private motor lorries, cases have come to my notice where people in the conduct of their business made a fairly comfortable living, but as a result of the restrictions that were recently applied, the railway company was not at all friendly towards them. In the case of men who were compelled to cease acting as carriers they found that the railways company was not prepared to facilitate them or to engage their lorries. If it is just to include in the Bill, as I believe it is, compensation for those who had invested money in the concern and for directors who may be removed, then it is only justice also to ensure that anybody whose livelihood is interfered with by the new regulations and restrictions will get an equal measure of the same form of consideration, just as the workers employed in the concern have. Having spoken from time to time with various railway officials and workers I can say that there is a great deal of discontent prevailing amongst them because they are uncertain what this Bill will hold for them. They have plenty of spokesmen here in the House who no doubt will put their case and ventilate their grievances but, as an ordinary citizen, I say it is very unfair to leave men who have had long service in the position that they do not know what the future will hold for them. That is a matter which should be cleared up. The community would not wish that the Bill should interfere with any class.

Whatever form of transport we have in the future I think railways will be an essential part of the transport service for many years to come. I consider that in planning regard should be had to the provision of the best facilities and at the same time to the utilisation and development of our own fuel. That concerns particularly the Arigna area. Whatever else may have been said a condemnation of the late management is the fact that that area, which is now the chief source of our coal supply, was left with a narrow gauge. That meant the double-handling of the coal, and being soft coal it deteriorated as a result. Why a wide gauge was not provided is unaccountable. The same applies to the handling of turf. Anyone who has watched a lorry load of turf being loaded into a railway wagon and seen it falling into the wagon bit by bit will know the waste that occurs. In my opinion a raised platform by which the lorry would be higher than the railway wagon could allow the lorry, by opening the side of the crate, to let the turf fall into the wagon. That would be a great advantage in improving the condition of the turf as well as in saving time. If the railways were to include in the reorganisation scheme measures by which our native industry and our native fuel would get a fair chance, then a good deal could be said for subsidising the railways. In any case it has become necessary to deal with transport generally, and I emphasise that the considerations which I have mentioned, the position of the workers, the convenience of the agricultural community and the utilisation of local fuel supplies, should be borne in mind, and should be the chief factors. The facilities provided for the country towns are of much greater importance than the facilities for the cities. Consideration of these matters would be a benefit to the country, and I would be prepared to stand over even an annual expenditure of money for an essential industry if the working of that industry was for the benefit of the country, particularly the country community.

I do not agree with the suggestion which I have heard made here that a better system would be nationalisation. I have had enough experience of Departments here carrying very heavy responsibilities and discharging them efficiently so far as the ordinary official department duty goes. But that experience is sufficient to satisfy me that it would be fatal to place a business undertaking directly in charge of a group of civil servants. A civil servant by reason of his position has to make a keen study of the interpretation of every Act of Parliament and he can only interpret to such an extent as his reason will permit. To do otherwise would be to put him in a very awkward position and even lay him open to the charge of having political leanings. No business can be done by merely interpreting Acts of Parliament. If one goes to a railway station one can read long lists of bylaws of the railway company. If these were to be interpreted every day by the company officials then the condition of the public would be a very pitiable one. That sort of thing cannot be done in business but civil servants have to interpret every section of the Acts. There has to be give and take in business and there could be no success in business if the officials had to stop to interpret Acts of Parliament. Business cannot be worked if the control is in the hands of civil servants. The only possible way to have success is to have an ordinary business management. For that reason I am opposed to the proposal for complete nationalisation. As regards the question of postponing the Bill I do not know whether there is any necessity for rushing it or not. The Minister seems to think there is and other speakers that there is not. Perhaps the Minister is the best judge. Speaking generally the things I have just said are merely thoughts that have occurred to me as an ordinary outsider. I am satisfied that the Bill is necessary and I support it provided an undertaking is given by the Minister that the position of those affected by it will be no worse than the condition of persons who find their service discontinued because they are no longer required; and generally, that the principle of compensation adopted in the case of the shareholders and directors will be made to apply all round including the case of private lorry owners who find their business interfered with and their livelihood taken away.

Before I deal with certain points in the Bill I wonder would the Minister have any objection to clearing up one or two points. I understand him to say that the various sections of the 1924 Act and the 1933 Act, which deal with employees, are operative as far as they can be under the changed conditions.

All the Acts which apply to all railway and transport companies apply equally to this company.

I look at Section 9, and I see that the new company is given power to acquire, with the sanction of the Minister, any other transport undertaking. Is that intended to be in substitution or in addition to the powers given with regard to road merchandise vehicles?

It has no relation.

Does that mean that the Minister and the company, by agreeing together, may acquire any other transport undertaking and may fix the price?

There is nothing about agreement in the section.

Sub-section (3) authorises them to acquire by agreement and only by agreement.

No, no. The sub-section says that they may acquire, with the sanction of the Minister, by purchase. There is no question of agreement. It may be intended but it is not there.

There are no additional powers of compulsory acquisition.

The Minister will realise that the company could agree to take over the Great Northern Railway Company. That is not intended?

No, but they could take over a road transport service operated by that company.

And they could fix the price without agreement?

No; that would be solely a matter of agreement.

Then the acquisition could not come off except the parties agreed on the price? There are some other sections that I want some information on. Section 47 deals with arrangements about pooling and routing. As I understand the run of the measure, one of the earlier sections——Section 7—brings in the Railways Clauses Act. That means that any contracts already subsisting between the companies remain and are effective. Section 47 would mean that no change in that arrangement may be made without the Minister's sanction, but it appears to me that the company and the Minister between them, without the agreement of the other parties to a pooling or routing agreement, might change whatever agreement there is.

Again, there would have to be the agreement of all parties?

So far as agreements between this company and other companies are concerned, they continue and cannot be changed, even by agreement, without the Minister's consent.

That is clear in Section 7, but Section 47 says that it shall not be lawful for the company to vary or rescind any agreement save when authorised by an Order of the Minister. Does that mean that if the Minister, by an Order, authorises a change, the other party to the agreement, other than the company, need not be consulted or taken into consideration?

No. It means that an alteration, with the agreement of the other party, requires the Minister's consent.

Section 115 talks of a new agreement after the established date. Am I to understand that that only refers to the general agreement? It does not mean that day-to-day agreement about the consignment of merchandise would have to be reported?

There are just two other items on which I would like to have some information. There appears to be a considerable difference of opinion amongst people about them. First of all, can I have the number of lorries owned by private owners hauling their own goods; secondly, the number of licensed hauliers, other than the railway company; and, thirdly, the number of lorries owned by the railway company itself. I have been given figures which show, roughly, 8,000 to 9,000 lorries privately owned, about 2,500 owned by licensed hauliers, and about 600 owned by the railway company. These figures relate to pre-war.

I think these figures would be approximately correct.

If the Minister looks at the Transport Tribunal's Report, he will find, I think, that these are the figures which emerge from it. With regard to the paid-up capital of the company which, at the outset, we are told will total almost £13,500,000, am I right in assuming that not more than £2,000,000 of that represents the tramway company's substituted capital, and that the rest will represent Great Southern?

That is right.

Am I also right in assuming that, of half the remaining £11,500,000, not more than £2,000,000 would represent the Great Southern Railways road assets?

I would not agree with that.

Could the Minister give me a rough estimate of what the figure would be?

I would not attempt to do it.

The Transport Tribunal in their report say that the paid-up capital of the Great Southern Railways Company in road vehicles at the date of their report was not more than £1,800,000. Hereafter, the purchase price may be found to be a matter of importance in dealing with the assets which the Minister declares to be obsolete. One would have thought that he would have found out how much we are supposed, under this measure, to pay for obsolete assets. I take it to be at least a sum of £9,000,000.

I understand that, in his opening statement, the Minister pleaded that he should get agreement from all Parties with regard to certain things. I think he could have got a greater volume of agreement concerning a discussion on the transport situation in the country if he had supplied the House and, through the House, the public with more information. We are being asked in an ordinary empowering clause in a piece of legislation, and on the statement of the Minister from which very few facts emerged, to pass over control to an individual, to be appointed hereafter by the Minister, of the allocation of an expenditure of about £20,000,000 capital in transport facilities in this country. We do not know whether what is projected is a rail scheme or a road scheme. We assume that it is going to be a mixture of both, but as to whether the rail use or the road use is to predominate in the future, no information has been given.

In that context, I would like to allude to what members of the House will remember about the electrical development scheme in this country. I recall the compliment that was paid by the Leader of the Labour Party, the Party which was then the Chief Opposition in this State, in connection with that scheme. I may say that it was one of the few complimentary remarks passed by that individual on the scheme, but he did say that there was nothing on which so much information had been given to the public as in connection with that matter. There was, first of all, a very detailed report by the German firm which projected the scheme; there was a full report by five European experts, and, finally, the Government's proposals. All three were sent to every member of the Oireachtas and to the Press. The fullest possible technical advice and criticism were obtained on that measure. The matter was thoroughly discussed in the Dáil, and could be discussed because the information was before the Dáil and the public. The Press had full knowledge, and agitated the matter considerably. There is not the slightest doubt that, after that legislation was passed, the people could say they were well informed in respect of that matter. Certainly, as regards items down to £10,000, every detail of the amount of money which the State was to put up for that scheme was known in the same way that the sub-heads in the Estimates are known in regard to the moneys which are given to the Government for the various services each year.

After the public had got that information and had voted on it it was possible to say that we could then set up a board in some sort of independence because we knew the exact amount of money that would have to be spent and the purpose to which the money was to be applied almost to within 5 per cent. up or down on a running scale. The board was set up and was given authority to do certain things. The chief thing it had to do was to encourage electrical development in the country, to remunerate the moneys that had been given over to it, to pay interest where any money was outstanding, and not to earn any profits. The board was simply to fix charges at such a rate as would bring in the money required for the working expenses, to remunerate the State capital by way of a sinking fund arrangement, and the payment of interest while any money was outstanding. The scheme was put before the people in that way. In that situation it was reasonable to say: "Let the day to day management of those who have the great task of getting a return of that money be free from detailed control." It was accepted by the House as a good consideration in those days that, when this big amount of public credit was put behind this new development, the public was given the assurance that year by year there would be an opportunity offered for detailed discussion of the whole matter. The way that was arranged was this: that the Minister, at the expense of the board, could put in an auditor of his own to investigate the accounts of the board, that the auditor would bring back a report to the Minister who gave him that duty, and that it was the duty of the Minister, thereafter to put such questions to the auditor as would clarify any points that were confused or doubtful. Then the report, with the auditor's remarks, came before the House and it was agreed that if there was any considerable body of opinion requiring it, a day would be set aside for a discussion on the report. As a matter of fact, there never has been a discussion. The reports were very good and very comprehensive and they were referred to here from time to time, but there never was such a crisis in the board's affairs as led to a debate, calling attention to matters of policy or detail, in which the House disagreed with the board.

What have we here, on the other hand? As far as the expenditure of the money is concerned, we have not the slightest evidence from the Minister that either he or his officials, or the man who will, we expect, be chairman of the new company, have a plan before them. The best the Minister could say was that he felt we could not get on without the permanent way, but he made reservations even there. I am speaking from reports of colleagues, as I was not able to be here to listen to the Minister. I understand he made reservations almost immediately, in which he appeared to be still doubtful as between his two earlier moods. He had two earlier moods—one was that we could not get on without the railways and the other was that we had got on without them and could do so again. On which foot he is standing now, we do not know. Nobody knows whether there is to be road development in the main or rail development in the main.

The Minister tells us that it is necessary to have this Bill now. He has a date fixed—the 1st of July—and is working towards that. Why? Deputy Maguire has said that probably the Minister is the best judge of that. Deputy Maguire is asked to be the judge of that, too, yet he has no information from the Minister. The Minister says that it is necessary to plan ahead against the problems that will arise post-war. Apparently part of the use to which these substituted capital moneys will be put is to purchase new assets as against the obsolete assets of the Great Southern Railways. When is he going to purchase them? Not during the war, possibly not for two years after the war. Why are we being asked now to vote on this, when we do not know what the future of rail development or road development will be? The Minister is not certain in his mind regarding any plan or, if he is, I suggest that, even if it is only of a tentative nature and has many reservations, he should give the outline of it to the House. In the absence of that information, why should we be asked now to vote on an expenditure of £20,000,000? We are not told how it is to be spent and there seems to be no possibility that any great portion of it will be spent within the next three or four years.

The Minister says that we might agree upon certain general views. In regard to one point, there is very little disagreement, namely, that transport in this country for years back has been very unsatisfactory. I have met a considerable number of foreigners here from time to time and there was not one of them who, after getting some information about our country and how things are done, did not comment at once on the extremely high charges which the transport services impose upon the public. I have never heard anything but unflattering comparisons between railway charges here and those elsewhere. The condition of affairs has been very unsatisfactory— there is no argument about that.

Having said that, the Minister was realistic enough to say that few people would accept the Government's hope that transport under this particular scheme would be remunerative. In addition to being remunerative, that is to say, that it would repay whatever capital had to be remunerated, the Minister said he hoped we would get extensive, efficient and cheap transport. Undoubtedly, those are very big aims. How are they to be achieved? The Minister simply says that the Government believe it can be done. The Government cannot believe that, unless they have had something on which they rest their belief. Will we not be given some hint as to the circumstances which they feel are likely to operate in the future, different from those which operated in the past? The Minister says his aim is that transport shall not be subsidised. He has said, in a very sweeping phrase, that subsidised transport means costly transport and, eventually, inefficient transport. Therefore, it is not to be subsidised.

Now, without subsidy, transport is to be remunerative. The Minister described that by saying that, by the sale of transport facilities, enough income would be earned to remunerate capital, provide for wasting assets and pay the employees. According to the Minister, in this mood of faith, economies are not going to be effected at the expense of the staff. He says he believes there will be no redundancy and he also holds out against subsidised transport. He does not believe that the State will be called upon to pay the guarantees on these debenture shares, but it is noticeable that he provides against that emergency and says it would be impossible to get new capital except on the basis of the Government giving a guarantee. I take it the Minister has no scheme which he could unfold to the public, which would inspire such confidence that they would invest their money, in the hope of getting a return from the new management, in the new circumstances. Therefore, the Minister provides a subsidy, although he hopes the guarantee will not have to be called upon. In the same way, the Bill not merely provides, but protects effectively, against any possibility of expense falling upon the company in connection with economies in staff.

Although he expresses the hope and the belief that no redundancy will take place, he has a clause enshrined in the Bill that, if any redundancy occurs after six months from the establishment date, there is to be no payment by way of compensation to those who lose their posts. That is, I suggest, providing against redundancy and providing for redundancy without expenditure on the part of the company. I wonder what the Minister's hopes are based on in this connection.

We come, then, to a discussion as to the best method of handling the future of transport—whether it be nationalisation, or something short of it like this, or private ownership. I would welcome any scheme in connection with a public service like transport the nearer it goes to public utility operation, or socialisation or nationalisation. I think the world is moving away from the time when it was completely under the dominance of the private profit motive. We are getting further and further away from that. The more schemes of this kind there are, the larger the field is likely to be widened for future schemes of the sort. To a certain degree, I welcome this, because the Minister has approached it on the lines of going as near as possible to nationalisation, not going further and adopting full nationalisation as it would only mean difficulties and not advantages.

I was reminded very forcibly of the new development of the situation when, recently, after the proposals had been published, the chairman of the Dublin Chamber of Commerce indicated that he hoped there would come from the present proposals better services, in the sense of more extensive services, cheaper rates and a more simple classification. The Minister is not bold enough to say whether we will get that or not. The man who said that might not have been aware of his own position. He is running a particularly big concern, where there is really no public advantage given by having a private operator at all. That man might have been sawing very quickly through the bough on which he himself was standing, but, even so, he welcomed this Bill. That is an indication of the public mind in the matter of transport: the nearer we get to full socialisation or nationalisation the better for the people.

I do not like to have a scheme like this put up, unless there is some chance of success about it. Inevitably, it is so precariously balanced between nationalisation and something short of it, that people say it is a near approach to nationalisation. There will be people who will again vigorously demand that all this type of service should be handed back to private profit, and who will say that if there were private profit and some stimulus of gain, then the newly-fashioned transport monopoly might be successful. What makes for success or failure? The Minister admits that since 1924 the Great Southern Railways Company never found it possible to earn its dividends. The situation is even worse than that, and I am sure the Minister knows it, too. The situation with regard to the Great Southern Railways is that the company, while having losses, paid dividends out of losses, if I may put it that way. The way they did it was by paying out money which should have gone to the replacement of wasting assets. Because they did not replace wasting assets, they have got to the position that their assets are nearly obsolete. At the end of the last war, after the British Government had handed back the railways to the proprietors, the Government of that day did hand over certain sums. They were supposed to be for the arrears of maintenance and renewals which had been allowed to go into neglect during the period of the war. The proprietors distributed those funds; they held them as a fund out of which to distribute dividends in the years in which they were not earning dividends.

The citizen who wrote the Minority Report in connection with the Transport Tribunal, in a table on page 148, column 4, sets out the position as he sees it. It is a position which must appeal to anybody, and must commend itself as a reality to anybody who knows what provision had to be made for wasting assets. He gives the adjusted net income arising out of the company's accounts and he sets out the deficit on maintenance and renewals. He draws the conclusion, in paragraph 61, that the amounts year by year fell short of the sums necessary to pay debenture interest and other fixed charges. Over a period of eight years, according to the table set out there, the Great Southern Railways did not earn sufficient money even to pay the debenture charges. Of course, there were serious deficits, if one took the payments to be made on the guaranteed preference stock, the ordinary preference stock and the 4 per cent. ordinary stock.

The Minister said yesterday that the capital of the Great Southern Railways, as established under the 1924 Act, was considerably less than the combined capital of the companies which were then amalgamated. In that he was right, and that is something in the neighbourhood of £26,000,000. In 1932-33 the Minister carved down these stocks considerably, slashed the ordinary dividends to one-tenth of the original value, cut down entire holdings by more than half, and arrived at £12,500,000. We start off with railway capital higher than £26,000,000. We come to £26,000,000 and they cannot earn dividends on the debentures. You cut it still further to £12,500,000, and even then they cannot earn the debenture interest.

What do we propose to do to ease that situation? We propose to allow a substitution for what the Minister calls dead capital. If the Minister says the assets of the Great Southern Railways are virtually obsolete, and they have to be renewed, then the new company is in a serious position, because we are going to pay almost £13,500,000 in substitution of the stocks of the Great Southern Railways and the Dublin United Transport Company. The Transport Company's stock is stock on which debenture interest has always been paid and on which, except for a few years, ordinary returns were paid. Take out that £2,000,000 as representing good assets and take out £2,000,000 of the Great Southern Railways assets as representing road vehicles fairly recently purchased and in somewhat good condition. We are going to buy £4,000,000 worth of usable assets and pay £13,500,000 in substitution of the stocks of the Great Southern Railways.

The new company that is going to replace the Great Southern Railways, which could not earn debenture interest on the cut-down capital of, roughly, £12,000,000, will pay £9,000,000 for assets that are not there, and it is expected to remunerate not merely the new capital, but the £9,000,000 representing dead assets. What chance has it of doing that? If it does not do it, a subsidy will have to be paid by the Government and, further, if it does not do it, does not the Minister know that the next step will be redundancies in connection with the staff? If this particular situation does not develop inside six months, then any redundancy means that the man who walks out cannot go before an arbitrator to attempt to prove the difficult matters he has to prove under this Bill. That is the reality of the situation.

I do not know whether the Minister seriously meant that the assets of the Great Southern Railways were really so bad. But there are signs that they are bad. The Minister spoke of one thing being a mistake under the 1924 Act, the singling of the Dublin-Galway line. I assume the Minister knows why it was done. I think I know why it was done. Does the Minister see any reason why it should not be made public—or any other matter which reveal the serious situation to which the line had got? The Transport Tribunal Report says that for a long time the railway company had got only a modified certificate regarding the safety of the permanent way. The Minister knows why the singling of the Galway line was carried out. The reason was that the Great Southern Railways Company was warned by the engineers that the main line between here and Cork was in such a seriously deteriorated condition that the passenger trains could only be run over them at a very much reduced rate of speed, and the plea made in those days was that, unless they were able to lift good line along the double track to Galway, and put that into the main line between here and Cork, there might be fatalities.

That was a great sign of the times— an indication that their assets were depreciating. And, actually, all the time the shareholders were getting dividends out of money that should have gone to the replacement of the wasting assets. The assets were getting into such a shockingly bad condition that they were forced to single the Galway line and use the portions of line they lifted to patch up the permanent way between here and Cork. There is a good background of fact to the Minister's statement that the Great Southern Railways assets are not worth very much. We are asked to devote £9,000,000 to the purchase of them and we are asked to believe that the new company will earn enough money to remunerate the new capital put into the replacement of these hopeless assets and also to pay some return on the £9,000,000 not represented by any really usable asset. One may say that a miracle could happen.

One of the matters referred to as indicating the extremely bad cash condition of the railway company is the significant phrase in the report of the tribunal, which discovered that in 1938 the cash position of the Great Southern Railways was so bad that it had abandoned its previous practice of carrying five weeks' stocks of coal and decided to carry only one week's stock of coal.

That is the present position. They were allowed to drift into the war with only one week's stock of coal, although the Government had that report before the war broke out. They have been carrying that limited stock of coal since 1938. There might be some glimmer of hope or optimism if the Minister said: "We are putting all that behind us. There is a new situation developing and we have reason to believe—and here are the reasons— why the new company, overloaded with a burden of dead capital, will give remunerative transport, cheap transport, thoroughly efficient transport and no economies at the expense of the staff."

The Tribunal Report of 1939 goes into a variety of detail as to why transport had arrived at the position in which it was found then. There is no necessity to go into the whole of it. Certain things, however, emerge from the report. They say, first of all —and let us bid good-bye to that—that one of the matters seriously bringing about a decline in the railway situation was, of course, the economic war. They give details of the traffic, particularly the live-stock traffic carried at the time when that unfortunate matter was on and they show the tremendous losses which must have accrued to the railway companies, because they say that the position was serious not because the same number of animals was not carried, but because the company did not recover the loss of revenue in the three or four vital years in which the impact of road competition was being most seriously felt; that at the time when the Great Southern Railways had money to play with the directors might have gone in for some better form of road transport to meet the competition; but it was the falling off in traffics because of that matter which was more serious for them.

However, the report of the tribunal does pick out a couple of things. One of the things is the impact of road competition. Having examined that thoroughly, it is pointed out that the impact of road competition is mainly felt on the passenger side. I do not know whether it has been very specifically stated to the public, but it has been stated as between the railway company and the Minister's office, it has been stated frequently in cases, some of which I have attended; it has not been made exactly public by promulgation to the Press, but I think it is fairly well known that in this country railway transport is in the peculiar position that on the railways here, unlike elsewhere, passengers in the main subsidise goods, and as I understand, high-class goods practically subsidise the lower grades. Therefore you have a position in which if the passenger services of the railway company do not go well, there is bound to be a decline in their fortunes.

The report points out that there was a great decline in the receipts from passenger services and the greatest part of that arose from the fact that private cars came on to the road. They are to be left on the road. Not merely is the private car to be left on the road, but the indications are that, with the development in motor car engines, the new way in which bodies are being built, and the impetus which is being given to motor engine production during the war, motor transport is hereafter going to be very much cheaper than it ever was before and that it will put on the road the man who could not afford a motor car before. If that is the situation, the new company will have to face all the competition the old company had from the private motor car and will probably have increased competition. The tribunal report states that it was the decline in the passenger receipts that brought about the big decline in railway income. That will continue. I think it will increase, but, in any event, it is there.

The other thing which the Transport Tribunal found was that the efforts made by the Great Southern Railways, through passenger services, to meet competition in the old days of the independent bus operators resulted in a loss to the company on the road passenger side. I understand that that loss was continuing up to the war. So that, if the efforts the Great Southern Railways made to meet competition in respect of passenger carriage on the roads had not been a success, there is no likelihood that there will be any better situation in the future.

What about goods? The Transport Tribunal discussed that. They stated that the railway company's chief plaint was that the unrestricted use of motor lorries had brought about a very definite decline. That is examined very thoroughly by Dr. Kennedy, who points out that the decline in the road receipts is very much smaller than the decline in passenger receipts. He gives details as to the number of lorries on the road. Whatever the situation was, the Minister is going to let that continue. The man and the company who are hauling their own stuff are to be allowed freely to operate on their own. They have something in the neighbourhood of 8,000 or 9,000 vehicles on the road and I do not think they will be lessened, because it seems to me that, with what is promised in respect of cheap motor transport, these traders will drift again into running their own vehicles instead of depending on the transport company's vehicles.

In addition to that, we have the licensed hauliers. The Minister does not propose to deal with these; they are to be left on the road still. According to the figures—they are only very rough ones—there are between 8,000 and 9,000 privately-owned lorries. There are something in the nature of 2,000 licensed hauliers, and the number of the company's fleet is 600. In the report it is recognised that the company, with its rigidity of movement, peculiarity with regard to charges, and the fact that its servants are more out of touch than the private hauliers, can never compete with the privately-owned vehicles. I appeared before that Transport Tribunal representing licensed hauliers, and very early in the proceedings the chairman, noticing that I had a large number of witnesses, asked me whether those witnesses were there to give evidence as to (a) their charges; (b) that they could give services of a more flexible or adaptable kind than the railways. When I said that they were there for both purpose, he said that I could dispense with any who were there merely to prove that these private people could give better services than the railways, because the railways did not contest that. My dozen or so witnesses, who were there to demonstrate that point, were put out of the room. The railways gave in on that point. The tribunal report also says that it is clear that for flexibility and adaptability of use the local operator can beat the railway company hollow every time.

What then is the situation? The old Great Southern Railway did not pay its way. It shelled out dividends while failing to meet even fixed charges. The new company is to have heavier charges. The old Great Southern Railway found itself unable to meet the charges, particularly because the passenger receipts were on a terrific decline and the road receipts were on a somewhat smaller decline. The Minister is not proposing to change the situation with regard to the private cars operating against the company, and it was the private car, not the bus, that was the main cause of the decline in passenger receipts. If the Minister does not propose to interfere with the running of the licensed haulier or the private trader or private company carrying their own goods, where is the revenue to be got? Where is the Minister's belief in this? I searched through the newspapers this morning and I asked my colleagues what the Minister said last night. I understand he said at one time that, while other people said that what had occurred in connection with the company was due to incompetent management, he or the Government did not accept that point of view.

That is a most inaccurate quotation.

I could not understand that quotation, because the Minister went on to say that the company had not risen to their responsibility, which seems to me to argue that there was incompetence. There is a phrase quoted in the Independent to-day which says that the Government did not accept the point of view that it was incompetent management which brought the situation about.

I stated that, if the view was expressed that the situation was due to incompetent management which could be rectified without new legislation or Government interference but solely by an improvement of the management, the Government did not accept that point of view.

Did they not fail to rise to the opportunity after the 1933 legislation?

Distinctly that was stated afterwards. The Minister has these additions to it, according to the Independent:

"It may be contended that the unsatisfactory situation was due to incompetent management of the Great Southern Railways and that, given better management, the situation could be remedied without new legislation or Government interference. The Government was unable to accept that point of view."

The Government do not refuse to accept the point of view that it was incompetence in the management which helped to bring that situation about. I should imagine that the Minister cannot deny that, because he goes on to say that the company had failed to rise to its opportunities. Incompetency in management has, therefore, something to do with it. Is that to be replaced by anything very much better? We do not know. We do know that the Minister recently promoted to the head of the Great Southern Railways service an individual who was undoubtedly a tremendous success in running, as an independent operator, a passenger bus service and we know that later the same individual went on to still more definite success in running the passenger services of the Dublin Transport Company. The Minister has not indicated that anybody who has any experience of any notable type is going to deal with road matters and the Minister does not appear to have in mind any new person experienced in railway matters.

The Minister does say, in a later part of his speech, that, by the amalgamation which he represents this to be, the new company will get the best of the technical and administrative ability as between the two companies, so that we must take it that there is good technical and administrative capacity as between the two companies. But look at what happened. We are to build on the foundations which have already crumbled under the Great Southern Railways. The only change which is to be made—and this demands a terrific act of faith— is that the board of directors at Kingsbridge are to be substituted by one man. How will that man operate? I think the prospects of this new company are bad, as the Minister has described them. I cannot believe that, in a small island like this, transport cannot be run economically and effectively, but that has not been done in 22 years, and the circumstances which rendered it ineffective and dear are still to be allowed to operate, in the main, in future.

The Minister apparently reposes all his faith in one man. How will that man operate? The Minister says that he dislikes nationalisation because he thinks nationalisation will mean political pressure, the putting on of pressure by people who want fares, rates changed for different localities, who want extra services for new areas or who may interfere in the matter of appointments and so on, and that the Minister, if this were a nationalised service, would be answerable for the day to day administration. There are, in some part of his statement, words to the effect that he is going to set up this board, of which the chairman will be a director, but on which there will be other directors who, subject to certain conditions, will be as free as the directors of any-ordinary company to bring their minds to bear on the problems and to aid in the solution of these problems. That is only farcical when one looks at the Bill. The chairman may be a quorum by himself, and, if nobody else goes to a meeting, he can carry on by himself.

No meeting can pass a resolution in the chairman's absence and, if the new board by unanimous voice, with the exception of the chairman's, take a particular decision and the chairman vetoes it, the chairman's veto carries.

We can imagine what incentive to keenness in regard to management, what incentive to any sort of industry, any surveying of problems or any indulgence in research to find the answers to these problems, there will be in a board which knows that the chairman can meet in a room by himself and decide everything, and which knows that, even if they scrambled into the room and overpowered the chairman by united vote, he can still carry his resolution. In addition, the Minister said that the chairman, being appointed by the Government, would be in the position that he would be under the control of the Government —I am not pretending to quote—that he would have to carry out Government policy, but would act in full accord with the wishes of the Government. Later, the Minister said that the company would be given such a position as was compatible with the maintenance of Government control of policy, of services, of charges and of discrimination. The Government, through the chairman, is to have control of policy, charges, and services, whether the services are adequate or inadequate, and they will interfere when they think there is any discrimination as against individuals, or possibly to impose discrimination as against individuals.

The whole thing is to be built on the new chairman whom the Minister represents as a free agent. The Minister dislikes nationalisation because political pressure might be brought in the Dáil in regard to services, charges and other things, but the Minister says that Government policy is to run through the managing director or chairman down to this company and that the chairman must be subservient to the Government in respect of policy, charges and services. I do not know what is the difference between that and nationalisation, but that is a later point. If, however, that is to be the attitude of the Minister towards this man, it means that the Minister does not really trust this man. I cannot imagine the gentleman, of whom we all speak without mentioning his name, solemnly putting up to the Minister a proposal involving £20,000,000 of capital without at least knowing in big outline what it was to be spent on.

If the Minister told us, "So much is for railway development of a particular type or the replacement of wasted railway assets and so much for better road service development," we would at least have some information. If the Minister had done that—and the more thoroughly detailed it was, the better it would be appreciated by the public and the more public opinion would be got solidly behind it—he could have thrown the whole thing at arm's length from the Government and the Dáil, and said: "Run along for five years and we will then get an account of your stewardship." But the Minister has not done that. I believe the Minister has no plan; he certainly has revealed none. I do not know whether this chairman of his has a plan or not. It may be that, because of the difficulties of the situation, they have varying plans, but, in any event, they all found upon this, that we want £20,000,000— £13,500,000 to substitute present capital, mainly of a dead type, and £6,500,000 for other purposes. What is the sum of £6,500,000 for? If the Minister would tell us and if we could see any hope of its giving us a better transport service, the Minister might be entitled to get leave to appoint his nominee and give him these controls free from his own supervision. The Minister is going to have supervision; there is to be supervision over these matters. That brings us to the crux of the whole situation. In the difficult situation which is pending, I think there is no reason for any hurry as this money cannot be expended.

I should have mentioned one other matter in connection with this expenditure. The capital of the old Great Southern Company was something in the neighbourhood of £25,000,000 or £26,000,000. That was the reduction from the capital of the absorbed companies. In other words, assets at some time or another had been purchased involving the expenditure of at least £26,000,000. The Minister eventually wrote off more than half of that, but, in 1933, even after he had pruned off the wasted assets of the company, £11,000,000 odd was supposed to represent the value of the assets then remaining which were of some use. After we have substituted £13,500,000, the new operator will have £6,500,000 to play with. For what?

According to the Minister, he is to replace the wasted assets of the Great Southern Company, which at one time were supposed to represent a value of £27,000,000, and, at another time, even after he had pruned them down, £11,000,000. Is the chairman of the new company going to buy for £6,000,000 sufficient to replace these assets which at one time were supposed to be worth £27,000,000, and, at another time, £11,500,000, particularly when everybody knows that prices are on the upgrade? I have heard of nobody yet of any standing in the economic or financial world who believes that prices after the war will settle at anything less than 33? or 25 per cent. above pre-war prices. We ask the new chairman to undertake the task of husbanding his money so carefully that, by spending £6,000,000, he will replace what at one time was supposed to cost £27,000,000. That, however, is incidental.

Coming back to the point of what is the best solution of this problem, I do not think that any best solution can be arrived at at the moment. The Transport Tribunal in their report urged a wait and see policy, or a wait and observe policy, for five years. They apparently thought that a great deal could be said in criticism of the management, even apart from the confusion and upsetting of calculations due to the war. If the object of this Bill is to impose better conditions of management, then let it be done in the full light of day. If £1,500,000 or £1,250,000 is what is thought to be necessary in order to secure better management of the company, then provide the company with that sum and let them carry on with it for four or five years, until it can be determined how they are carrying on, and then have a general agreement as to policy. We are now asked, however, in spite of the fact that, due to the war, all calculations and all values have been upset, solemnly to come to the conclusion that we ought to give to a man who, I say, with all respect to his ability in the transport of passengers by road, has yet been untested in respect of railway matters. We are evidently to expect that that man will be able to carry out, in the name of the Minister for Industry and Commerce, what I can only describe as a miracle, in view of present conditions.

I suggest that, since the Minister has gone so far, he should take another step forward. The Minister has described this plan as a peculiar plan—what he calls a chairman, to be appointed by the Government, who will be assisted by a group of stockholders who, we are led to presume, will be as keen as mustard in the carrying out of the business of the company. The Minister evidently thinks, according to his statement, that this plan will be a model for future companies or organisations of that or a similar nature. I must say that I see no virtue in the plan. Ordinarily, I would react against nationalisation of such services, but, in view of the proposals that are now presented to us in this Bill, it seems to me that nationalisation would be preferable to the present proposals because, under nationalisation, and particularly in view of the present confused position, this Dáil, at least, would be able to look in on the operations of the proposed company, and the Dáil, through the Minister, would have the company under its control.

It would appear to me that the Minister is aiming, in regard to this company, at the position which he has brought about in connection with other companies, whereby the chairman of the company is going to be protected if any difficulties should arise. In other words, if any difficulties arise, the chairman can resort to the plea of Ministerial control, and the Minister also will be protected against any criticisms or imputations in the Dáil by saying that it is not his business, the business of the Government, or the business of the ordinary Deputies here to interfere with the operations of the company. We are asked, however, to put the taxpayers' money into this enterprise, the success of which in the past, as I say, has not been proved and for which the possibility of success in the future has not even been outlined to the Dáil. It would appear that most of the conditions or difficulties that existed hitherto are to be allowed to continue in the future. Yet, now, we are being asked to trust to the ability of this gentleman to get us through difficulties that would, undoubtedly, sap the courage of any ordinary person who had to face such a task, having regard to the difficulties that have been presented by the war situation and which are bound to continue for years after the war has ended.

I do not think that the Bill ought to be proceeded with at this time. I do not think that there is any necessity for us to vote this money until we know on what it is going to be expended. I think that, at the moment, we cannot say what sum of money should be laid out on this matter: that we cannot say what sum of money will be required for it, even years after the war has ended; and, therefore, I see no reason why we should now say whether the money that is proposed to be expended is either not sufficient or too much. I do not wish to refer again to the sittings of the tribunal, but I do say that everybody must be aware, apart from the hearings that are going on before the tribunal, that there is undoubtedly a peculiar situation existing with regard to stocks. Nobody knows what the real value of these stocks is, as represented by the assets they were once supposed to represent, and until we can get some clear indication as to the value of these stocks, apart from inflations or any other factors arising from the emergency position, I hold that the Dáil should hesitate to vote this money.

In that connection, as I said before, I hope to persuade this Dáil and, through the Dáil, to persuade the people of this country to support an amendment which I propose to put down in order to test this matter of the purchase of these railway stocks. I am referring to people who bought stocks—assuming that they were innocent—in this company before a certain date, not knowing whether the company could pay its way or not. Presumably, these people had faith in the railway company and, therefore, let us put them in the position where they will still be able to rely on their belief in the company, but I think that when we come to the question of substituting stock in this company by new capital, we should deal only with those stockholders whose names were on the list of stockholders on the 1st January, 1943, and give no guarantee to people who bought stock from the old proprietors as between 1st January, 1943, and the present date. I think that we ought to confine the guarantee to people who held stock on the 1st January, 1943, and refuse any such guarantee to the people who, presumably, muscled in on the genuine holders of railway stocks prior to the 1st January, 1943.

With regard to this matter of a time limit, I cannot understand the Minister's attitude. He tells us, in effect, that no redundancy is going to take place amongst the ordinary servants of the railway company. If that is so, then I suggest that there is no reason why he should put in all the old things about reorganisation and a time limit in a case of redundancy. If he really believes that there will be no redundancy, then why not leave out this matter altogether? Why does he tie it up with this six months' period which is mentioned in the Bill, since it is quite clear that the new development cannot take place within that period? I should like to point out to the Minister, as he might find himself in the same position later on, that I remember a time when I introduced a Bill here, which there was a large amount of criticism and almost hostility in the House—the Railways (Existing Officers and Servants) Act, 1926. It would appear to me now that the Minister has copied the provisions of that Act in regard to this matter of a time limit of six months, so far as redundancy is concerned. At any rate, it would appear that it was on the provisions of that Act that he framed the clauses in the present measure. As a result of the passing of this Bill, if the employees concerned do not fulfil this condition with regard to the six months' period, they will be left without a penny of compensation.

Now, in that connection, I should like to say that the Minister may, some day, have the same experience as I once had myself. I remember that Act of 1926 very well, since I sponsored it in this House and had a good deal to do with it, and so far as draftsmanship or human ability and endeavour inside the office were concerned, we were assured that men would find it quite easy to prove their case in regard to the matter of compensation and that, if there was redundancy and it could be proved, they would get compensation. I was not half a year practising at the Bar, however, when one poor man came to me with a clear case showing that he came under the redundancy clause in that Act, and I took up his case. The case lasted for a considerable time; it eventually went before the railway arbitrator, but in the end—and in this case the period was seven years, instead of the six months in the present Bill—it was decided that, although the man was, in justice, entitled to compensation, it could not be given to him because of that clause in the Act of 1926. That poor man was trying to get help. He was being brought from pillar to post. He had a wife and family, and the only talent that he had was the experience of his hands in the work in which he had been engaged, but yet, through the operation of my own Act, that man's case, although in justice he was entitled to compensation, was thrown out.

The period there was seven years, instead of the six months that is proposed here, and yet it closed him out from compensation, and that certainly did impose on me the feeling that I would always have the obligation afterwards of not standing for economies in the making of rules at the expense of workers who could not possibly change over from one occupation to another in a short period of time. Again, I must point out that the time limit was seven years in that case instead of the six months now proposed. Naturally, even if there were a job for that man, he would not be fitted to change from one occupation to another in the time. I suggest that if the Minister would regard this thing from a purely human point of view, he would say that since there is no likelihood of redundancy, then let us take out this time limit altogether. If it should be proved at any time that there is redundancy, then the onus is on the man concerned to show that he is entitled to compensation.

I know quite well that, in his own Department, the Minister will be able to find people who can advise him on this matter, and I would ask him to seek their advice, or the advice of other people outside his Department, because I am telling him and the House the heart-breaking experience I had in the case of the man I have referred to, who could not be compensated because of the Third Schedule contained in the Railways Act of 1926—an Act introduced by myself. Under the present Bill, a person can claim for compensation if he is dismissed within six months from the date of the operation of the Bill when it becomes an Act. In the 1926 Act, the period allowed was seven years, and yet that injustice occurred. That Schedule, in effect, said that every existing officer or servant who relinquished his office or situation within seven years after the passing of the Principal Act and every existing officer or servant whose office or situation was abolished within seven years on account of his office or situation having become unnecessary in consequence of changes of administration due directly to the amalgamation and absorption of the companies, and so on, would be entitled to be paid compensation by the amalgamated company, subject to certain rules. I have already pointed out what the result of that was in the particular case to which I have referred.

As far as this Bill is concerned, I oppose it as it stands, because I do not see that there is any hope for the transport position so far as the provisions of this Bill are concerned. I am not in favour of nationalisation of transport services, but I should certainly much prefer nationalisation to the proposals contained in the Bill. I would sooner see, as I have said before, a certain amount of money being provided for, say, five years, for the carrying out of an experimental scheme which would embody the railways and road transport companies as well as the licensed hauliers, etc., in order to see what might be done by their combined efforts, and then, if that did not succeed, we could proceed with the consideration of another scheme or, if it did succeed, we could then examine the position. Otherwise, although, as I have said, I am not, in principle, in favour of nationalisation, I would much prefer it to the proposals contained in the Bill. Although nationalisation is not the ideal solution of the problem, still I think it would be far better than the proposals put forward here.

I move the adjournment of the debate.

Debate adjourned.
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