One of the consequences of section 59, as we now find it, should, I think, be reflected in the index to the statue. I should like to draw the attention of the Minister and of his advisers to the effect of the repeal of section 88 of the Principal Act. I think the repeal of that section by section 59 as we now find it is almost casual. Lawyers and, indeed, others who have to have recourse to these Acts feel they should find the repeal of any section of the Principal Act referred to in the index to the repealing statute. The index to the Bill, under section 59, simply says: "Regulations for the general control of traffic and pedestrians." Some reference, however casual, should be made to the fact that section 88 of the Principal Act is repealed by this section 59. It would be wise and certainly it would be welcomed by legal practitioners and others if they could find a reference to the repeal of section 88 of the Principal Act in the index to section 59 of this Bill, when they scan through it.
I welcome the repeal of section 88 of the Principal Act but I do so in a qualified sort of way. I welcome it because the regulation-making authority under section 59 replaces the Commissioner of the Garda by the Minister. Anything I say now is not a reflection upon the Commissioner of the Garda and his advisers, or anything like that. However, this section is very wide in its general powers. Subsection (2) points out that anything that subsection may provide is without prejudice to the generality of subsection (1). That being so, the most widespread regulations may now be made by the Minister in place of the Garda Commissioner.
Something to which I always took violent objection, in regard to the making of regulations of this nature by the Garda Commissioner, was that, of its nature, the Garda force is not interested in the economic effects which any regulations in regard to the control of traffic might have. They conceived their duty, and rightly so, I think, as being confined mainly to making the streets safe for pedestrians and others and to making traffic move with ordinary expedition. They proceeded on that basis. Whether or not they proceeded under section 88 or section 89 of the old Act, I do not know, but if it was not possible for them to proceed under section 88, they proceeded under section 89: I am sorry steps were not taken to remove section 89 from the ambit of the Commissioner's powers. The effect was that traffic regulations were generally of a nature which probably made traffic move faster, and maybe safer for pedestrians and others, but there were calamitous effects for street traders —large ratepayers and others—living in areas affected by these new regulations.
Now that he has the power to make regulations, I hope the Minister will advert to the serious and, in some cases, crippling hardship which can be inflicted upon business firms in areas affected by traffic regulations. In my constituency of Cork city, regulations of this nature, made under either section 88 or section 89, had calamitous effects on traders—very considerable traders such as those in McCurtain Street, Grand Parade, South Mall, Pembroke Street and Winthrop Street —but nothing could be done for them.
Similarly, the powers of the Garda Commissioner in regard to the regulation of traffic generally, include the siting of bus stops. Again, the same approach was taken by the Commissioner — the Commissioner, of course, being advised by the local Garda who did not advert to the social or economic consequences of the regulations they were making. Lest the Minister be in any doubt about that, I may say I received a letter this week from the Chief Superintendent of the Garda in Cork regretting that, under the regulations, he felt it would be wrong for him to take into consideration the economic effects which any regulations he might make in regard to the siting of bus stops would have on traders, for instance, in South Mall and other streets in Cork. I should like the Minister, under section 88 and section 89, to take power to deal with this matter. I know that the section says that the Commissioner, having consulted with the local authority concerned, may make bye-laws for the regulation and control of traffic and pedestrians and to facilitate the movement of traffic and pedestrians. The Commissioner, however, is under no obligation to take advice from the local authority. My experience in Cork city is that that is so. It is within the statute if he asks for their views. He can then throw those views into the river or into any receptacle handy at the time and pay no further attention to them. That has happened. It is a bad thing; it is a dangerous thing. It has given rise to many difficulties in my constituency of Cork City.
I mention a bus stop there, as an example. Particularly, I think section 88 would deal with this because it enables the Minister to make general rather than local regulations. When the present regulations, made under section 88 of the old Act, are being replaced —I welcome most sincerely the Minister's amendment which provides for the revocation of these regulations— there should be a very direct indication to the Garda authorities generally, or to whoever is in charge of the siting of bus stops, things like pedestrian crossings, and so on, that no bus stop should be erected in close proximity to a pedestrian crossing. Many death traps were created by that particular habit which seems to have been developed certainly by the Garda authorities in Cork city. There is one at Infirmary Road and another at St. Luke's Cross in Cork. Every public representative there has, from time to time, been approached with a view to having either the bus stop or the pedestrian crossing removed but nothing has happened in that regard. Therefore, when the Minister comes to make regulations under section 88, I hope he will make a general regulation directing that the authorities throughout the country shall advert in particular to this dangerous and unfortunately popular habit of siting bus stops near pedestrian crossings. It is an exceedingly dangerous thing.
In the same general way, the Minister should direct traffic authorities throughout the country that bus stops should not be sited in places where there is an unbroken white line in the middle of a narrow street. The effects of that have been noticed quite often particularly at peak hours in Cork city, and particularly at Infirmary Road to which I directed the Minister's attention by way of Dáil Questions. A bus stop is sited continuous to a pedestrian crossing and also in a narrow street where there is an unbroken white line in the middle of the street. The effect is that when buses stop there at peak hours, traffic, right back the whole way, is stopped because it would have to go over the white line in order to pass the buses. It is clumsy and unimaginative and it is very necessary that the Minister should give a general directive in this matter.
These are some of the reasons why I welcome the Minister's assumption of powers in this matter where the Garda authorities had them before. Again, I want to make it quite clear that I am not pointing any finger of scorn at the Garda authorities but the Minister, as Minister responsible to this House, should advert more to general welfare than purely to the road traffic aspects of a matter like this. There is no doubt that the operation of section 88, and certainly of section 89, of the Principal Act, is accompanied by immense hardship being suffered by people who feel they have no come back of any description against the authorities who are imposing these hardships on them, and imposing them quite sincerely in the belief that they are doing their duty and, in fact, the people in question are doing their duty at the time.
For that reason, even at this stage— I hope I can stay within the rules of the House in saying this—perhaps the Minister would have another look at section 89 to see if he could do something about it. It would be very important, if the Minister is going to allow these powers to reside with the Garda Commissioner, that there should not only be provision for the Garda Commissioner to consult with the local authorities but there should be some stronger word or words to give the local authorities some power in these matters. I say that because it is only people like the local authorities who understand the difficulties involved for business people and people who want to shop in their areas. I earnestly suggest to the Minister that he might have another look at these sections.
I should be glad if the Minister would indicate if he agrees with my suggestion that in the index to the Act there should be a definite indication that section 88 has been repealed. In a general approach to legislation it is a bad thing that a section of any Act should be repealed in such a casual fashion as in subsection (4) of section 59. This particular subsection should be held up to all draftsmen of all Departments as a particularly bad example of draftsmanship and an example which should not be followed under any circumstances in any future enactment of the Oireachtas.
