Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 15 Apr 1953

Vol. 138 No. 1

Great Northern Railway Bill, 1953.—Second Stage.

I move that the Bill be now read a Second Time.

This Bill, as the House is aware, is designed to give legal effect to the agreement which was reached with the Ministry of Commerce in Belfast for the acquisition jointly of the G.N.R. and for the future management and operation of that undertaking. It is hardly necessary to state that the proposals in this Bill for the joint acquisition of the G.N.R. are not the result of any desire to extend the interests of the Government in railway undertakings but have rather been forced on us by the circumstances in which the company found themselves.

In common with other transport undertakings, the G.N.R. went through a period of depression in the 1930's from which they were temporarilyrelieved by the increased volume of rail business during the war years. As soon as traffic conditions began to approach normality after the war, and particularly on the return of road competition, the company were again faced with serious difficulties. These difficulties assumed serious proportions in 1948 and the company again found themselves, as in the pre-war years, unable to pay interest on their ordinary stock. In 1949 an operating loss of £68,000 was incurred and that loss increased to £106,000 in 1950.

The position of the company had been causing concern both in Dublin and in Belfast. Deputies will recollect that there were discussions between the Chairman of C.I.E. and the Chairman of the Ulster Transport Authority which, however, did not result in acceptable proposals. In August, 1950, on the initiative of Mr. McCleery, the position was reviewed at ministerial level in Dublin. Later in that year, November, 1950, again on Mr. McCleery's initiative, these discussions developed into negotiations of a more formal type, negotiations which started from the position, on which there was general agreement and on which I am sure general agreement still persists, that the railway could not be allowed to close and which were directed towards investigating the possibility of taking joint action in the position.

While the negotiations were proceeding, the G.N.R. Company informed both Governments that they would have no alternative but to curtail services and to reduce staffs, and on December 20th, 1950, the company intimated that they proposed to publish a notice that railway services would be discontinued from February 1st, 1951.

In January, 1951, following on a further meeting between Ministers in Dublin, it was agreed that the G.N.R. Company should be informed that the Governments had decided jointly to acquire the undertaking and that the purchase price would be £3.9 million. It was also agreed then to accept jointly responsibility for the financial results of the operation of the G.N.R. Company pending acquisition, as a result of which the notices to suspendservices and to reduce employment were withdrawn and various payments have been made both here and in the North to the company to offset losses arising in the meanwhile.

Following the intimation to the company that agreement had been reached to acquire the undertaking, it became clear that difficulty was likely to be experienced in concerting viewpoints as to what should happen after acquisition. Further negotiations at ministerial level did not resolve that difficulty and negotiations were for a time suspended. In the meantime, the proposed purchase price was rejected by the G.N.R. Company.

Following the change of Government in June, 1951, negotiations were resumed and eventually led to the agreement which is scheduled to this Bill.

When it became clear that an inter-government agreement on the general lines of policy was likely to be realised, a meeting was held with the directors of the company, who were informed orally both by Mr. McCleery and myself that we were prepared to proceed with the compulsory acquisition of the undertaking for the sum of £3,900,000; that we would have greatly preferred to have proceeded on a basis of agreement; and that if a proposal were made on behalf of the stockholders for a voluntary sale on terms slightly more favourable than the original offer, we would be prepared to recommend acceptance of that proposal. In November, 1951, a ballot of the stockholders was taken by the company at the instance of the directors, who suggested for consideration by the stockholders that if compensation was fixed at a sum of £4,500,000 it should be allocated between the various classes of stockholders on a basis which would provide for distribution per £100 stock as follows:—debenture stock, £89 2s. 6d.; guaranteed, £66; preference, £35; ordinary, £28 10s.

The majority of the stockholders voted for acceptance of the terms put to them by the directors. In communicating the result of the ballot to Mr. McCleery and myself, the directors pointed out that neither they, the company,nor the stockholders had power to sell the undertaking or to offer it for sale, but intimated that they wished the result of the ballot to be regarded as tantamount to an offer for sale if the necessary statutory powers for that purpose existed. This offer was accepted subject to the approval of the respective Parliaments. The Bill provides in Section 46 for compensation of £4,500,000 distributed in accordance with the scheme of apportionment on which the ballot was taken. Interest will also be payable on debenture stock in the interval between the establishment date and the distribution of the compensation, subject to a limit of two months.

For the future management of the undertaking it is proposed that a board should be set up consisting of five members appointed by each Minister. The terms and conditions of appointment, including remuneration, will be settled by the Ministers jointly. The joint interest of the two areas is evident in the arrangement that the chairmanship of the board will alternate annually between the members nominated by each Minister to be the senior members. Apart from this feature, the other usual conditions will apply to members. A member may be removed from office for stated reasons by the Minister who appoints him; a statement of the reasons for the removal to be laid before each House.

It is proposed that the title of the present undertaking should as nearly as possible be retained. This has obvious advantages. The name of the new board, therefore, will be the G.N.R. Board.

The duties of the new board are set out in Section 7. They are, briefly, to carry on the undertaking which, up to now, has been carried on by the G.N.R. Company. The board will inherit the present powers and rights of the G.N.R. Company other than the powers of raising capital. A specific duty is imposed on the board to secure as soon as may be, taking one year with another, that the revenue of the board shall not be less than sufficient to meet charges properly chargeable to revenue. In other words, the boardis to aim at making the organisation pay its way. In including such a provision it is not intended to minimise the problem of making railways pay. The Government has no illusions about the magnitude of that problem. We do not think it will be solved by putting a clause in an Act of the Dáil. As I have indicated, however, on previous occasions, it is not the intention of the Government that the railway should constitute a permanent drain on the Exchequer and it is essential that the new board should have their attention directed, by the terms of this Bill, to the problem of balancing their budget.

On the establishment of the board, the property of the company, except for land, but including the Dundalk works, will be transferred to the board. The land in this State, except the Dundalk works, will vest in the Minister for Industry and Commerce, but the Bill will operate to grant to the board the right to occupy and use this land for the purpose of carrying on the undertaking. The company's land in the Six Counties will vest in the Ulster Transport Authority but, under the legislation introduced in Belfast, the board will be authorised to occupy and use that land also.

Did the Minister say the land in the Six-County area would vest in the Ulster Transport Authority?

The ownership of the land will vest in the Ulster Transport Authority, but the land will be available to the board to be used by them in carrying on the undertaking. As a corollary to their use of the land vested in the Minister for Industry and Commerce here or in the Ulster Transport Authority, there will be an obligation on the board to maintain the property and discharge the outgoings on it.

The preservation of the Dundalk works as the main workshop of the undertaking and the continuance of the substantial volume of employment given by the works in Dundalk has been one of our main objectivesthroughout the negotiations. I am aware it is also a matter in which the Dáil will be very deeply interested. I may say that of the company's 7,278 employees, more than 1,000 are employed in the Dundalk workshops. A provision is included in the Bill requiring the board to comply with any direction which may be issued to them by the Ministers on matters of policy. The terms of the joint direction providing for the future management and operation of the Dundalk works have already been agreed. A letter in identical terms will be issued to the new board on its constitution, from the Minister of Commerce and from the Minister for Industry and Commerce here, on the following lines:

I am directed by the Minister for Industry and Commerce to refer to the G.N.R. Act, 1953, under which the ownership of the Dundalk workshops has been transferred to the G.N.R. Board, and to inform you that he has agreed with the Minister of Commerce, Belfast, that the board should conform to the following directions in the future management and operation of the workshops:—

(1) The workshops will be maintained by the board as the main workshops of the system, and will be used by the board for the maintenance, repair, renewal and construction of rolling-stock and equipment on the same general basis as they have hitherto been used by the G.N.R. (Ireland) Company;

(2) it will be the duty of the board to operate the workshops on sound business lines, and they are not precluded from placing contracts elsewhere than in the Dundalk workshops for work of the type specified under (1), if there are adequate commercial considerations in favour of such a course;

(3) in considering a proposal to place a contract elsewhere, the board shall have regard to their obligation to maintain the workshops as the main workshops of the system and to the expenditure on

labour and overheads involved in the fulfilment of this obligation;

(4) a decision to place a contract elsewhere which would have the effect of permanently reducing the scope of the workshops, such as the closing of a particular shop, or the scrapping of a section in favour of outside contracts and would thus result in a continuing diminution of employment at the workshops may be taken only if it is supported by not less than seven members of the board;

(5) where the board have decided on commercial grounds to place a contract for work elsewhere than in the Dundalk workshops, the Minister for Industry and Commerce and the Minister of Commerce will be notified in writing of the decision and of the reasons for it;

(6) the board are not precluded from undertaking work at the Dundalk workshops for other persons and bodies if the carrying out of such work is within their general powers, and it is convenient and economical to do so;

(7) a decision to extend the workshops, or to incur any major capital expediture thereon, or to sell any of the lands or premises forming part of the workshops, may be taken only if it is supported by not less than seven members of the board;

(8) the board shall keep proper trading accounts of all operations carried on at the workshops in a form to be approved by the Ministers in accordance with the provisions of the respective Acts.

I might summarise these directions to the board in the following terms: the Dundalk workshops will be maintained as the main workshops of the whole system. The board must, however, run the workshops on business lines and contracts may be placed elsewhere if commercial considerations justify that course. When, however, estimating the weight of the commercialconsiderations arising in any particular case, the board must have regard to their obligation to maintain the workshops, and the placing elsewhere of contracts which might permanently reduce the scope of the workshops or cause a diminution of employment must be approved by not less than seven members of the board. Any extension of the workshops or any proposal to dispose of part of the workshops must also be approved by not less than seven members of the board.

Under existing legislation maximum rail and road charges on the G.N.R. may be increased only with the sanction of a ministerial Order. Under the Transport Act of 1950 C.I.E. were left completely free to make such charges as they may think fit. In the case of the G.N.R. it was felt that the board should be given a greater degree of discretion as regards charges than is at present exercised by the company. In the special circumstances of the case, however, and particularly in view of the fact that the board's charges in the Six Counties will be subject to the Six County Transport Tribunal, it was decided that some measure of control should be retained here also. The Bill, therefore, provides in Section 12 that the board must give to the Minister one month's notice in advance of any proposal to make a general increase in charges and such increase may not take effect if the Minister, within that period, notifies the board of his disapproval.

The G.N.R. Company may not at present terminate a railway service unless authorised to do so by an Order under the Railways Act, 1933. There is also a statutory procedure to be followed in the Six Counties in the case of the closing of a line in that area. A number of the company's rail services are operated through both areas and one of the most difficult problems which arose during the negotiations which led to the agreement was to devise a procedure for the termination of such common services, if their termination should be considered desirable, without having recourse to two distinct procedures. The common service railway lines which are listed in the FourthSchedule are Dublin-Belfast, Cavan-Portadown, Dundalk-Derry via Clones and Enniskillen, Bundoran Junction-Bundoran. Under Section 23 it is provided that services over any of these lines between this State and the Six Counties may not be terminated except with the agreement of both Ministers. The Ministers, before coming to a decision on any proposal to terminate a common service, may seek the advice of the chairmen of the transport tribunals in the two areas. The chairman of the Transport Tribunal, jointly with the chairman of the Six County Tribunal, may engage the services of other persons to assist them in considering a proposal. They may also hold a public inquiry. It may be that one Minister is prepared to authorise the termination of a common service but that the other Minister considers that it should be continued. In such an event the board is required to continue the service but the Minister who has withheld his consent becomes liable to make good any loss sustained by the continuance of the service.

In the case of other railway lines, it is provided in Section 24 that public notice will be given of a proposal to terminate a service and in the event that objections are made the proposal will be referred to the Transport Tribunal for decision. Thereafter the procedure followed will be similar to that which applies in the case of the closing of a C.I.E. line. It is recognised that the termination of a local service in either area might have repercussions in the other area, and for this reason there is provision for consultation between the Ministers on any matter of mutual interest before a local service can be terminated. If a service is continued in the Six Counties, that is a local Six County service, as a result of the request of the Minister for Industry and Commerce here, then we are required to undertake to make good any resulting losses. A corresponding provision is included in the Northern legislation.

I have already referred to the financial difficulties of the company and to the joint undertaking to meet thelosses of the company as from January, 1951. For the period pending the establishment of the new board, that is the period covered by that undertaking given in January, 1951, it was agreed that the Six Counties should meet 60 per cent. of the losses on railways and that we should meet 40 per cent. In addition it was agreed that we would be responsible for the results of the company's road operations which are entirely in the Twenty-Six Counties area, getting credit for any profit and being liable for any losses.

One of the first tasks which will confront the new board will be to devise and submit to the Ministers a scheme for the apportionment of the profits or losses of the undertaking. The scheme of apportionment will be made in accordance with certain general principles which are included in an agreement to be made between the Ministers as set out in the First Schedule. It is accepted as a general principle that each area will be responsible for the results of the operation of the undertaking exclusively in that area. Where profits or losses cannot so readily be apportioned—as for instance the services of the management staff or the expenditure and receipts resulting from the transport of goods between one area and another—it is agreed that they shall be equitably apportioned between the parties. The proposal is that the board of the company will be required to prepare a scheme of apportionment. The Ministers, by agreement, may alter or amend that scheme. In default of agreement the scheme comes into operation within six months. When a scheme of apportionment has been adopted it will remain in force for a period of three years and subsequently revision is to be made at three-yearly intervals.

The arrangements for providing further capital required by the board are a logical development of the proposals for vesting the assets of the company. All land in this State, with the exception of the Dundalk works, will vest in the Minister for Industry and Commerce. The moneys required for the development of lands or premises in this State, other than the Dundalk works, or for the acquisition of chattelsfor use in or in connection with such land and premises will be provided by the Minister for Industry and Commerce, and the proceeds of any sale of such land or premises or chattels will accrue to him. Moneys required for similar purposes in the Six Counties will be the responsibility of the Minister of Commerce, and the proceeds of the sale of assets there will accrue to him. Money needed for the acquisition of railway rolling stock or for the purpose of the Dundalk works will be provided in equal shares by the two Ministers. Similarly, the sale of rolling stock or of assets used in connection with the Dundalk works will accrue to the Ministers in equal shares. The subscription of capital for the road services, all of which are operated here, will be a matter exclusively for us. These financial arrangements are all included in the agreement to be made between the Ministers and legislative effect is given to them in the various sections of the Bill. The agreement may not be amended for a period of five years. The rights and obligations of the Minister of Commerce may be exercised on his behalf by the Ulster Transport Authority.

There is a provision in Section 33 for the payment of interest on advances made for the purchase of assets by the board. Whether interest will, in fact, be charged may have to be considered in the light of the circumstances prevailing when the advances are made. It is important, however, that the full cost to the community of maintaining the services should be apparent in the board's accounts.

The board will be required under Sections 19 and 35 to keep all proper and usual accounts and to furnish any further accounts or information that may be required. In addition, an annual report on the operations of the undertaking must be submitted. The audited accounts together with the auditors' report on them and the annual report on operations will be presented to the Oireachtas. The Minister will have power under Section 18 to make an investigation into the operations of the undertaking exclusively in the State and to make an investigationjointly with the Minister of Commerce into matters of common interest.

On the establishment date the existing staff of the G.N.R. will be transferred to the employment of the board, their present rights and privileges being adequately safeguarded. In the event of the termination of a railway service, employees whose employment is terminated or conditions of employment are worsened will be eligible for compensation. In the case of employees resident in this State the position will be in accordance with the scale applicable to C.I.E. employees in similar circumstances.

The superannuation rights of existing employees of the company are preserved under the Bill and there is power to make new schemes or to revise an existing scheme. The terms and conditions of service of rail and road employees will continue to be settled in accordance with agreements made between the undertaking and the appropriate trade unions.

The obligation of distributing the compensation of £4,500,000 will devolve on the present G.N.R. Company. The continued existence of the company will become unnecessary when the duty of distributing the compensation has been satisfactorily discharged and its existence will then be terminated by an Order made by the Minister for Industry and Commerce.

There is just one further word I should say in connection with the Bill. Deputies who have examined it and the corresponding legislation in the North will have observed that most of the provisions-indeed all the provisions except those of purely local relevance-are expressed in identical terms. It has been no small achievement to secure that measure of agreement, as each of us was naturally concerned to ensure that the legislation relating to the G.N.R. would not deviate from the principles of our existing local transport legislation. I would, therefore, appeal to Deputies to refrain from pressing unduly amendments of a drafting character in the realisation that, generally speaking, amendments can now only be made byagreement, and the people in the North would probably also have to amend their Bill if we were to accept amendments of that character here. I think it is to be regarded as satisfactory that an agreement was reached which will permit of the maintenance of the G.N.R. system and for its joint operation and, whatever the future of rail transport in this country may be, I think I can on that account confidently recommend the Bill to the Dáil.

I think it was a piece of understatement for the Minister to say in his concluding remarks that he thought it would be regarded as satisfactory that agreement to the extent set out in this Bill has been achieved. The Bill now before us is the culmination of very good work done over a period of nearly three years. I think I can say without any qualification that this was the most difficult piece of negotiation ever undertaken between this State and the Six Counties since the establishment of this State. I think it is right to say that the matter was approached from the outset with goodwill on both sides and those who were engaged in the negotiations over that three-year period, the Ministers, Deputy Cosgrave and the officers of the Department of Industry and Commerce, are to be congratulated on their work.

There were very great difficulties to be overcome. I do not think it would be either desirable or wise to go into many of the difficulties and, I might say, prejudices that had to be overcome at this stage.

It is quite true, as the Minister has said, that there was no desire either here or in Belfast to acquire the G.N.R. The G.N.R. had to be acquired in order to be saved. As the Minister has stated, we were concerned here with that transport organisation as a whole. We were particularly concerned not merely from the point of view of those of our citizens who were shareholders in that transport organisation but, in particular, from the point of view of the future of the works at Dundalk.When it was seen that there was very little possibility that the G.N.R., as it then was, would be able to continue and to pay its way, negotiations were started between the representatives of the two Governments. I do not mind saying that, as far as I personally was concerned, I was hoping that we could get a scheme of acquisition that would preserve, so to speak, the unity of the organisation of the G.N.R. In the event, that was not possible. I think I should say that we were in a position of advantage here—so far as the State here was concerned-if we had any desire to exercise that advantage or if we had any desire to be troublesome. We had no desire either to exercise the advantage or to be troublesome. We could have acquired the G.N.R. Company, as a whole, ourselves. We could have bought it from the G.N.R. Company. I venture to say that if we had taken that step, our friends in the Six Counties would be in a very difficult if not impossible position and that if we wanted to take advantage we could, having acquired the G.N.R. as a whole, practically dictate our own terms for the transfer of authority or the transfer of the fixed or movable assets within the Six-County area. That was the position. There was never any intention in the mind of anybody in this State to do that. Our desire, and it has been the Minister's desire, was to acquire the company to ensure the continuation of that essential service—to acquire it on terms which would be fair to the owners of the railway in all the circumstances and to ensure the continuance of the employment which it affords.

This is not a Bill that lends itself to amendment: I doubt if there will be many amendments to it. There are a few points which I should like the Minister to clarify and thereby make it unnecessary for me to put down amendments. This is not a Bill on which one wants to spread oneself, so to speak—to talk about it for the sake of talking: there is nothing to gain from such a procedure. I am very glad to see this Bill after the long negotiations that have taken place-negotiations, during which, I am perfectly stages. I am very glad to see that satisfied, there were many difficultthese long negotiations were brought to a successful conclusion.

The Minister made only a passing reference-and I think that, in the circumstances, that is all he could make—to the work which was carried out and the report which was prepared by the then chairman of the Ulster Transport Authority and the chairman of C.I.E. He said it did not materialise. I am very sorry it did not. Perhaps I would not be indulging in much guesswork if I said that the Minister might be of the same opinion.

I am concerned about one matter-and I waited for the Minister to give me some explanation of it. It is part of the agreement that the Ulster Transport Authority may act in this whole matter, with the exception of the provision of capital, for the Six-County Government. Who will act for us? That is not set out anywhere. Am I to assume—and to me, at any rate, this is a point of great importance— that all the work in connection with the operation of the G.N.R., in so far as this State is concerned, will be carried out by the Department of Industry and Commerce? If not, then by whom? This must be a matter of some importance and certainly a matter of very considerable importance to the people in the Six Counties because it is written in the agreement set out in the First Schedule and referred to at the bottom of the first page of the White Paper. I would ask the Minister to deal with that as fully as he can when replying. His explanation may satisfy me fully: I hope it will. If, however, it does not satisfy me, then I shall have to take whatever steps are open to me on the further stages of the Bill.

This is a small point: it may be important and, on the other hand, there may be nothing in it. I want some information about it which will, perhaps, save me from having to put down an amendment. Section 22 of the Bill deals with common services and in the Fourth Schedule the common services are set out. The Minister referred to them in his speech. He mentioned the Dundalk-Derry line as one of the common services. I wonder why that was not put down as the Dublin-Derry line.Why is it Dundalk to Derry? That might be of very considerable importance if the people in the North were at any time thinking of closing down portion of that line as between here and Derry and we would not agree. I am mentioning that line in particular because it is our principal line of communication as between here and Donegal. Perhaps the Minister is satisfied that the Dundalk-Derry line covers the situation sufficiently, but I would like to have an assurance from him on that matter.

This Bill will be a very difficult piece of machinery to operate. I mentioned a moment ago the amount of goodwill that was required on both sides to bring us to the position in which we are to-day. The operation of the G.N.R. services after the passage of this Bill will be bristling with difficulties because we are going to have too many authorities. It seems to me the position is that all that part of the commercial transport organisation that is in the Six-County area will be handed over practically holus-bolus to the Ulster Transport Authority. So far as they are concerned they will have one authority-this is bringing me back again to the point on which I asked for information a while ago— whereas here we will have our five representatives on the joint board; we will have the Department of Industry and Commerce-I have to say that for the moment in the absence of information as to who is to act for us here-and we will have C.I.E. If the set-up is as I have outlined it here now, it seems to be one that is bound to lead to confusion; it is bound to lead to difficulties, to misunderstandings, and is bound to make the operation less efficient and perhaps more costly. The Minister, however, can, I hope, clear our minds on what is to me a fairly important issue.

There has been a lot of talk in this country over a number of years about the operation of transport services. There has been a lot of loose talk about services operating at a loss. It has been said in a great number of printed articles and letters that all that is required to give a better and cheaper transport service, both roadand rail, than they have anywhere else in Europe is efficient administration. Leaving C.I.E. aside for a moment, not only was it admitted, but it was boasted of up to a comparatively recent period that the G.N.R. was one of the most efficiently operated transport systems or railway systems in these islands, and I am perfectly satisfied that it was. Notwithstanding that fact, owing to circumstances entirely outside their control and owing to ever-growing competition of a type with which they could not hope, with their hands, so to speak, tied, to compete, they started losing money and losing it on a very big scale. If the Governments had not stepped in at the time their losses would be growing every year. Along with that, it is only right to say that the position was aggravated by the action of the Six-County authorities in acquiring the road services which were being operated by the G.N.R. and on which they were making substantial profit. I do not know whether that particular matter was gone into during the last couple of years or whether it was ever cleared up satisfactorily from the point of view of the G.N.R. or whether it came in at all into the conversations or the discussions that took place as between the representatives of the two Governments.

As I said, I am rather sorry that it was not found possible to have these negotiations ending as I think all of us would wish they should have ended. I do not want to be taken for a moment as in any way shading down the credit which I have given to all those who were concerned in these negotiations. The Minister and his staff and his opposite number and his staff have done a good job, carried out in the right spirit, and it is another step, perhaps a long step, along that very desirable road. I wish the Bill success and I am hopeful that the same spirit and goodwill actuating the negotiators will enable the service to operate successfully under the new transport board notwithstanding the great difficulties with which they will have to contend.

The Minister, in thecourse of his speech to-day, has told us of the long and tedious negotiations which preceded the introduction of this Bill. Of course, in that respect, the Minister was recording what was merely an historical fact. The negotiations in connection with the acquisition of the G.N.R. took place during the lifetime of the previous Government and these negotiations have been carried on by the present Government. In all the circumstances and having regard to the difficulties to be encountered, I think we can say that, on the whole, this is a fairly satisfactory Bill. It is certainly a great improvement on the original suggestions for remedying the difficulties of the G.N.R., but it is by no means the kind of comprehensive solution that I personally would like to see implemented for the purpose of increasing the efficiency and the allover national character of our transport services.

When the G.N.R. ran into financial difficulties, difficulties created by the fact that it had been shorn of its road services in Northern Ireland, difficulties created by rising costs and the fall in passenger and freight traffic, it was faced with the problem of finding money not only to pay its running expenses but to meet certain charges for new capital liabilities. The company had then reached the stage when it could raise no more money on its own name because its finances were then in a pretty bad way. The first suggestion was that the company could only carry on if it were subsidised substantially by both Governments. At that stage, and when that claim was being made, there was no need for a subsidy so far as this part of the country was concerned, because examination of the accounts of the company at that time showed that there was a profit being earned on the G.N.R. transport services within the Twenty-Six County area.

The loss which was having a heavy impact on the finances of the company was really in the Six-County area. I personally felt then that there was no need on our part to subsidise the G.N.R. Company to operate in this portion of the country, where it was making a profit, and that in any casethe State's cheque book should not be used to subsidise a private monopoly which was no longer capable of organising itself on an economic basis. I thought then, and I still think, that the only satisfactory solution of the problem of the G.N.R. and our transport problems in general in this country is to integrate the G.N.R. and C.I.E. into one national transport authority to operate transport services for the entire country, the profits to be divided on some equitable basis either in relation to population, in relation to road or rail mileage, or in some other way, losses, if any, to be met on a corresponding basis. I think that is the only real solution in a very small country such as this with a population of fewer than 3,000,000 and an ever-present problem of finding freight and passengers for our transport services, and of eliminating all the waste which is inevitable and inseparable from the operation of two main transport undertakings in the country.

There should not be any need for two boards of directors to operate two railway systems in a small country such as this. There should not be any need for two chairmen of transport boards, two general managers, two sets of accountants, two sets of lawyers, two sets of offices, two railway headquarters, one vying with the other. Ordinary common sense would suggest that in a small country such as this, the two undertakings should be integrated into one, to operate under one transport authority which in our circumstances should be as indivisible as the geographical position of the country itself it.

I know, of course, that solution was not very acceptable-in fact, it was not acceptable at all-to the Six-County authorities. Possibly they may have felt that the integration of the G.N.R. Company in a national transport authority operating over the entire country would be just a prelude to the integration of the Six Counties in a united Ireland. At all events they shied very badly at the notion that the Six-County services should be integrated under a united transport authority. If we cannot get that solution, then I think this solutionwe have got here is the nearest approach to it although it is substantially short of the ultimate solution of the problem as I see it in a united transport undertaking for the whole country. This, as I have said, is the nearest approach to that solution. I hope that with the passing of time, even the Six-County authorities will recognise, apart from whatever political issues are raised, that the integration of the two railway systems under a united transport authority is the best solution to our railway problems and our transport problems in this country and that it is along that road, I think the only road, that we can hope to achieve that efficiency which will eliminate the necessity for regular and substantial subsidies to our transport undertakings.

I think that there is a virtue in this Bill which transcends in some respects the purchase of the Great Northern undertaking by the two Governments in that the Bill affords another example of the benefits which can be secured by co-operation between both parts of the country in matters of vital mutual concern to both. This Bill, the Foyle Bill and the Erne Bill all provide excellent examples of the advantages which will flow from co-operation in matters of common concern. I welcome this Bill in that sense and in that spirit because I think it is along that road in our domestic relations that we are likely to secure the greatest measure of progress in the elimination of the evils which flow from Partition. While the Bill does not provide the ultimate satisfactory solution for which we hope, I still think it is a substantial improvement upon anything that would have been secured by a continuance of the extravagant policy of increasing subsidisation which was the first remedy suggested for the problems confronting the G.N.R. I think that with the passage of time we shall be able to convince our friends in Northern Ireland that the sensible solution to the problem of transport in this country is to eliminate the waste inseparable from having two transport authorities operating in a small and sparsely populated island such as this is.

The Minister has asked that Deputiesshould not press amendments to this Bill because of the difficulties involved by reason of the fact that agreements have been already made. I want to direct the Minister's attention to two matters in connection with the Bill which I hope he will examine between now and the Committee Stage. I hope when he is replying he will be able to indicate that he can meet these points, as I understand they would involve no great difficulty. It is provided in Section 39 of the Bill that the board may prepare a superannuation scheme. I take it that the Minister is anxious that whatever the board does in that field should be in line with the obligations imposed on C.I.E. in the same field. Under Section 39 of this Bill the board may prepare a superannuation scheme but under the 1950 Act, in I think Section 41, it was provided that the board may introduce a superannuation scheme but there was imposed upon them the obligation to introduce such a scheme if they were required to do so by the Minister.

Section 39 of this Bill seems to me to be a step down from the position set up by Section 41 of the 1950 Act. Under the latter Act, as I say, the board may prepare a scheme, but they shall do so if required by the Minister. In this Bill we confine ourselves to the provision that the board "may" do it, which means that they need not do it, and there is no obligation on the Minister to require the board to introduce a superannuation scheme. I hardly think that it is the Minister's intention to step down from the level set up by the 1950 Act. Although the provisions of Section 41 of that Act might be improved upon, at least we should not provide anything less than is contained in the 1950 Act. I think the Minister should take power under Section 39 of the Bill whereby he can, if necessary, require the board to introduce a superannuation scheme.

There is another provision in Section 38 of the Bill which deals with the question of redundancy. I need not go into the details of the provisions referred to nor contrast them with similar provisions in the 1950 Act, but Ido want to call the Minister's attention to this situation. Here you have got cross-Border services with respective spheres of liability in the event of the closing down of sections of the railway. You might just have this situation which is not apparent at first, but which may be very real afterwards.

The closing down of a line from Dundalk to Derry, through Clones and Enniskillen or of some portion of that line, may cause the disemployment of certain persons on the physical line affected. We decide that a particular line is to close from one point to another and that anybody who maintained that line or who worked because that line was there will be sacked. Compensation will be payable in that case-that is a clear enough case-but if there is somebody back at Dundalk, south of the Border, who is employed in keeping records, serving that place with stock or paying wages to people employed on that section, he may also be rendered redundant if the folk for whom he works happen to lose their employment through the physical closing of the line. I want the Minister to look into Section 38 with a view to ensuring that not merely redundancy or dismissal caused by the physical closing of a line but consequential redundancy will be covered, so that if the Six Counties Government close a line and the effect is to disemploy people within our administration, those people will get compensation in respect of being rendered redundant or have alternative analogous employment provided for them. Indeed, quite decently, we ought to do the same. If we close a portion of a line and the effect of it is that somebody on the other side of the Border loses his employment-in consequence of that closing, but not directly because of it-that person ought to be entitled to compensation if we uproot him from employment in which he has given perhaps a lifetime of service. I hope the Minister will be able to tell us something on these two matters so as to obviate the necessity for putting down amendments on Committee Stage.

Mr. Brennan

I, too, want to congratulate the Minister on the successof the negotiations which led to the introduction of this Bill. For a time, one might have thought that these negotiations were going to be an unfinished symphony, but the Minister resuming the negotiations obviously met with great success and he is to be congratulated on bringing them to fruition so successfully and on producing this Bill.

There are a few items on which one might seek information at this stage. We in Donegal would undoubtedly be concerned as to the effect which this legislation will eventually have on the subsidiary companies operating branch lines in Donegal and we would like the Minister to enlighten us, if he can, in this regard.

Another matter with which we are to some extent concerned is the matter of the acquisition of land by the board. The G.N.R. owns a considerable portion of land in Donegal, around Bundoran, and we trust that the Minister, in whom these lands will be vested in future, will see that they are used for the benefit of that area. They are a particularly important asset to the town from the tourist point of view at the moment and could be utilised to a much greater extent and, I should say, with greater profit to the company as a whole. I do not think it is necessary to point out to the Minister that we naturally expect that the change-over brought about as a result of this agreement and the legislation before the House will mean that that land will be put to greater benefit and will become an even greater asset to the town of Bundoran and to the company owning the land.

In common with other Deputies, I congratulate the Minister, and I should like to say that the success which has crowned his efforts leading to the introduction of this Bill is an indication that greater progress may be made in the future with regard to the big problem confronting the country, the eventual acquisition of the remaining unfree portion of the country.

I should like to give expression to the feeling of satisfaction which this legislation has given not merely here but to all concerned.The fact that this legislation has resulted from the agreement between the two Governments is indicative of the need for collaboration on a number of matters and of the beneficial results which can flow from such collaboration. It is also satisfactory to know that, because of the agreement reached in connection with this legislation, the employment of all those concerned will be continued.

I should like to say that considerable credit is due to the civil servants in the Department of Industry and Commerce and the Ministry of Commerce in Belfast for the assiduous way in which they worked during these lengthy negotiations. The fact that the Ministers reached agreement on these questions was in no small way due to the efforts of these civil servants, and it is also right to say that the late Major Sinclair, who was lost in the "Princess Victoria" disaster, contributed to the work, so far as his Ministry was concerned.

As other Deputies have remarked, it is probably a foreshadowing of events to come that legislation of this sort, together with the legislation in connection with the Erne electricity agreement and the Foyle and Bann fisheries, comes before the House. The mere fact that events compelled the responsible authorities in both parts of the country to reach agreement on the various matters that required to be attended to in connection with these different schemes is, in itself, indicative of the need for agreement ultimately on the problem of Partition. I believe that the progress made in this legislation and in connection with the Erne electricity and the Foyle and Bann fisheries is much more likely to react favourably on the ultimate solution of the Partition question than probably other steps which may at times gain more notoriety. As one who participated in these negotiations I should like to say that it is satisfactory that agreement has been reached and I hope this legislation will result in a solution of some, at any rate, of the difficulties of the G.N.R.

Deputy Morrissey described this agreement as a considerableachievement and said that congratulations are due to all concerned. In so far as his remarks were directed to the officers of the Department of Industry and Commerce and of the Ministry of Commerce in Belfast who worked out the agreement in detail. I heartily concur. Very protracted and tedious work was involved in translating into the terms of co-ordinated legislation the general principles upon which Ministers had reached agreement. All those who participated in that work showed exceptional diligence and the satisfactory outcome is very largely due to them.

As regards Mr. McCleery, I think I should say—and I am sure that Deputies opposite who had contacts with him will agree—that he proved to be as tough a negotiator as one would have expected a Belfast man to be, but I like to think that when the arguments were all finished and the negotiations brought to a close our personal relations had improved in the process.

Deputies

Hear, hear!

I should explain to Deputy Morrissey that, as I see it, the unity of the G.N.R. organisation is not being impaired. It is true that the titular ownership of the immovable assets in the Six-County area will be vested in the Ulster Transport Authority and those in the Twenty-Six Counties in the Minister for Industry and Commerce but those assets will be available for the use of the G.N.R. board which will be responsible for their maintenance and for meeting any expenditure involved in their maintenance.

The operating organisation will be one unified concern directed by a board of ten members five of whom will be appointed from Belfast and five from here. In all other respects it will carry on precisely in the same manner as the present G.N.R. Company. It is true that we could have introduced C.I.E. as an agent for the Minister for Industry and Commerce here as the Minister of Commerce in Belfast proposed to introduce the Ulster TransportAuthority. I decided against that course first for the reason that I think the C.I.E. management has as much as they can handle at the present time and it would be unfair, having regard to the big schemes of organisation on which they are working, to widen their area of responsibility. In the second place, our problem vis-à-visthe G.N.R. Company is somewhat different from the problem of the authorities in Belfast. I am not at all sure that it would be to our advantage at the present time to bring in C.I.E. into the management of the G.N.R. undertaking.

The position will be that the Minister for Industry and Commerce, who will act on behalf of the Government here, will be the nominal owner of the immovable assets and will be responsible for exercising in relation to the G.N.R. board the powers conferred in this Bill. The Minister in Belfast may, however, do the same things through the agency of the Ulster Transport Authority. I do not think it will make any practical difference in the working of the G.N.R. board and it is the arrangement they wish to have. I do not see any objection to it.

To use the Minister's own phrase which he has employed so often, it is a fifth wheel.

It is not intended to be. It is intended by Mr. McCleery that his directors on the board will be chosen from the Ulster Transport Authority and that is a matter in relation to which he would have absolute discretion in any event.

What is the Minister's intention in that regard?

I have not considered that yet. I do not contemplate appointing the directors of the G.N.R. board exclusively from the board of C.I.E. because I think there are special problems relating to the G.N.R. which may require a special approach and also because I think the C.I.E. board has a fairly big responsibility to carry at the present time without adding to it.

When I met Mr. McCleery first I expressed the view, which, I think,would have been expressed by my predecessor in similar circumstances, that we would prefer not to be involved in the acquisition or management of the G.N.R. undertaking and that the line of approach to the problem of the G.N.R. which I would favour would be one which would lead to the creation of conditions under which the company could carry on without Government subvention. That, as it seemed to me, involved a fundamental change in the transport policy in the Six-County area which the Six-County Government were not prepared to contemplate.

That situation will still persist. The G.N.R. board will have no powers to operate road transport services in the Six-County area and as I understand the position will be working to some extent in competition with the existing road transport services there. In that respect the position will be different in the two areas and different from that of C.I.E. We are, under the arrangement, free, if we wish, to take the road transport services of the G.N.R. from the new board and hand them over to C.I.E. or give them to a new organisation but, as I announced at the time the terms of the agreement were published, the Government decided to leave these road transport services to the G.N.R. for the present because otherwise there would be introduced into the G.N.R. company's area the element of competition between rail and road and that in itself would cause considerable difficulties and complications. It is better that the G.N.R. board should continue to run the road transport services in conjunction with the railway rather than that competitive road services should operate there against them. Whether or not a single transport authority for the whole country would give us a better transport service and however attractive that idea might be from one point of view, it was quite clear that it was not practical politics and that a solution of the G.N.R. position had to be found by concentrating our attention on the limited problems of that position.

We must recognise, however, that since these negotiations began the position of the G.N.R. has deteriorated further from our point of view in thatthe road transport services failed to make a profit last year. That failure was due to the rising costs of operation. It may be that the new board will be able to adjust that position and make the road services again a source of profit. If so, that profit will accrue to our advantage.

The Ulster Transport Authority will have no concern one way or another with the operation of the road transport services or with the profits or losses resulting therefrom. I would not like to enter into a controversy with Deputy Morrissey as to whether the G.N.R. Company was a well-managed concern or not, but I think there is room for improvement.

I said that was the general opinion.

With regard to the two points raised by Deputy Norton, so far as Section 39 is concerned, the intention is to empower the board to prepare a superannuation scheme. It is not the aim to alter the position of the employees of the undertaking by reason of this change in the character of the management. I think it would introduce a considerable complication to give the Minister for Industry and Commerce here power to require the board to taken action under that section. It is, of course, to be recognised that all the existing superannuation schemes are being carried over, and that the rights of the employees of the company in respect of superannuation benefits are being fully preserved.

So far as Section 38 is concerned, I think the Deputy misread the section. The section provides that, where a railway line is terminated and where the retention of any officer or servant of the board becomes unnecessary because of that fact, then that officer or servant becomes entitled to compensation in accordance with the provisions of the section. The employee of the board need not necessarily have been directly occupied in the operation of the service that was terminated. If he can establish that his disemployment was due to the termination of the service or the closing of a line, then his right to compensation is established.

Even though he operates far from the scene of the redundancy?

Even though he may be a clerk in the head office. There will be, and there have been, as the Deputy knows, in the case of C.I.E., disputed cases where an arbitrator had to come in and decide on the facts of the case as to whether disemployment was, in fact, attributable to the termination of a service or not.

I think the Minister's explanation is clearer than the section, and if the Minister could put his explanation into the section it would be well.

I think the wording of the section is very clear. In any event, when I asked the Dáil not to press drafting amendments to sections which are in the same words in this Bill as they are in the corresponding Belfast Bill, I specifically excluded from that request sections of purely local relevancy. This section deals with compensation payable to persons resident in this State in the circumstances set out and, of course, we can make any provision there that we like without any complication arising in Belfast.

Will the Minister look at it again?

Certainly, but I think the section is fairly clear. The section is designed to ensure that the position of a G.N.R. employee will, in that respect, be exactly the same as that of a C.I.E. employee. Deputy Brennan referred to the position of County Donegal. The simple answer to his statement in that regard is that the position in Donegal will not be changed by reason of the enactment of this measure. The property of the G.N.R. in Donegal, and the extent of its participation in the provision of public transport services in that county, will not be altered. The property will be transferred to the new board and the new board will be responsible for providing services there. There is, as the Deputy knows, arising in County Donegal a transportproblem of a more general character, and the whole Donegal position will, I hope, be reviewed in the very near future. The position, as I say, is not altered in any way by reason of the enactment of this measure.

I would conclude by sharing the views expressed by Deputy Cosgrave that there are other directions in which a similar degree of co-operation such as produced this Bill could result in material benefits to both areas. The fact that co-operation was found to be practicable in this instance may encourage resort to it in other instances also.

May I ask the Minister if there is anything at all in the point which I put to him regarding the common service Dublin-Derry, and why it is not put in the Bill?

The Dublin-Belfast line is described as one common service line. Dundalk-Derry is a separate line. It would only complicate matters to include in the description of the Dundalk-Derry line a section which is also part of the Dublin-Belfast line.

So long as the Minister is satisfied, I am satisfied.

It was felt that this was a clearer definition of the line.

Why is the Derry via Portadown line not a common service?

Because it was not agreed to be a common service line.

Am I to take it that, where capital expenditure is involved on the purchase or development of rolling stock which will be common to both areas, the joint board will, before embarking on that capital expenditure, have to get the sanction of both Ministers?

It has no power to incur capital expenditure except on ministerial authority. In so far as capital expenditure on fixed assets in this State is concerned, we are responsible for the whole of the money involved. In so far as expenditure onrolling stock or on the Dundalk works is concerned, it is to be found on a 50-50 basis.

I was very much afraid, and I am sorry to think that my fears have been confirmed, that they would have to get the sanction of the two Ministers.

They will spend less.

Question put and agreed to.
Committee Stage ordered for Wednesday, 29th April.
Barr
Roinn