RAILWAYS (ROAD MOTOR SERVICES) BILL, 1927—THIRD STAGE.
The Seanad went into Committee.
Question—"That Sections 1 and 2 stand part of the Bill"—put and agreed to.
SECTION 3.
(1) No railway company shall run a road motor service on any route which is not for the time being approved of by the Minister under this section.
(2) A railway company proposing to run a road motor service shall submit to the Minister particulars of the route on which such company proposes to run such service and particulars of the nature of the service so proposed to be run and the Minister may, if after consultation with the Minister for Local Government and Public Health he thinks proper so to do, approve of such route either with or without modification.
(3) Whenever a route submitted to the Minister under this section by a railway company as a route for a road motor service for the conveyance of passengers is in the opinion of the Minister substantially the same in whole or in part as the route on which a road motor service for passengers is at the time of submission run regularly by some person other than such railway company, the Minister shall not approve under this section of such first-mentioned route until he has given to such person notice of such submission and has considered such (if any) representations as may be made in regard thereto by such person.
Amendment 1, by Senator Sir John Keane—"to delete the section"—not moved.
I move amendment 2:—
Section 3, sub-section (2). After the word "service" in line 50, to insert the words "either generally or temporarily for a period not exceeding twelve months."
If Section 3 is taken in connection with Section 5 of the Bill, it will be seen that if the railway company starts, or proposes to start, a route, it has to get the approval of the Minister. Once the route has been approved it cannot be abandoned without his consent. That, of course, is quite a proper arrangement where the route is likely to be a permanent route, and likely to be one which the railway company would be able to maintain as a permanent route. But it might be found to be very necessary to start a kind of experimental route for the purpose of trying what the traffic would be like, and to see if it would be possible to maintain a permanent route. What my amendment proposes would make the section read:—
"A railway company proposing to run a road motor service either generally or temporarily for a period not exceeding twelve months," and so on."
That is to say, that no route which they propose to run for more than twelve months will come under this. An experimental route to be tried for some period less than twelve months would come under this amendment, and would not make it necessary for the railway company to get the permission of the Minister to withdraw or discontinue such service. I have an amendment to Section 5 which would prevent a temporary route being continued against the will of the railway company and at a loss.
This is an amendment which I have heard spoken of previously, and my only difficulty about it is that, if it is passed here, it may be necessary to have some arguments with members of the Dáil about it. It may be received wholeheartedly by the members of the Dáil. Personally, I am very much disposed to accept the amendment, but I do not want to hold up the Bill for this.
Amendment agreed to.
Section 3, as amended, and Section 4 put and agreed to.
Amendment by Senator Sir John Keane to delete Section 4 not moved.
SECTION 5.
(1) A railway company which has commenced to run a road motor service under this Act shall not, so long as the running of such service either with or without modification is lawful under this Act, withdraw or discontinue such service without the permission of the Minister.
(2) A railway company which withdraws or discontinues (otherwise than for sufficient reasons beyond their control) a road motor service in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds for every day during which such contravention continues.
(3) A road motor service which is run for a particular part of every year shall not be deemed to be withdrawn or discontinued within the meaning of this section so long as it is run for the same or substantially the same part of every consecutive year.
Amendment by Senator Sir John Keane to delete the section not moved.
I move:—
Section 5, sub-section (1). To delete in line 21 the word "under" and to substitute therefor the words "approved generally under the provisions of sub-section (2) of Section 3 of this section.
CATHAOIRLEACH
This amendment is consequential on amendment No. 2.
Perhaps I might suggest a different wording to this amendment. The wording, as it stands, is a little clumsy. If the amendment is accepted the section would read:—
"(1) A railway company which has commenced to run a road motor service approved generally under the provisions of sub-section (2) of Section 3 of this Act shall not," and so on.
CATHAOIRLEACH
What do you want "generally" for?
As distinct from "temporary." It is a clumsy use of the word. I would suggest that instead of the form in which it appears the wording of the amendment should read "a railway company which has commenced to run a road motor service other than a road motor service approved of as temporary."
CATHAOIRLEACH
I suggest that between this and Report you would also consider amending the words of your other amendment.
I would suggest a re-drafting having regard to sub-section (6) of Section 3.
CATHAOIRLEACH
That refers to summer traffic.
Yes. But the actual wording in the Act has no relation to summer traffic.
A regular summer route would not be within that section at all.
This would have no relation to summer routes specifically described as such, but that is not in the Bill.
I will undertake to bring in an amendment that will make that clear on Report.
CATHAOIRLEACH
I take it that the House will pass this amendment subject to re-drafting to meet the point raised by the Minister.
Amendment put and agreed to.
Section 5, as amended, put and agreed to.
Sections 6 to 13, inclusive, put and agreed to.
Title put and agreed to.
Ordered—"That the Bill be reported to the House."
The Seanad went out of Committee.
The Bill reported.
CATHAOIRLEACH
In asking the Seanad to meet to-day I was under the impression that we would have been able to have disposed of part of the Industrial and Commercial Property (Protection) Bill, which we considered some days ago on Report, and I also thought we might have advanced the Land Bill another stage to-day. I find that as a result of the substantial number of amendments inserted in the previous stage in this House, the Bills have not yet emerged from the printer with these amendments. Accordingly, the Minister responsible for these Bills sent a request yesterday that they should not appear on the Order Paper for to-day. That request did not reach me until the House had risen. The reason I mention this is, that the Ministers have asked that the House meet on Tuesday for the purpose of considering them. Personally, I am quite prepared to fall in with that, but I thought I should mention it to the Seanad, so that Senators would be prepared, if called on, to meet on Tuesday. We could take the Committee Stage of the Electricity (Supply) Bill on Wednesday. On Tuesday there will be the Electoral (Amendment) Bill, Second Stage; the Barrow Drainage Bill, Report; the Land Bill, Report; and the Industrial and Commercial Property (Protection) Bill, Final Stage.
Would it be possible to keep the Barrow Bill until Wednesday? I desire to put down an amendment to it, and I cannot be here on Tuesday.
CATHAOIRLEACH
I will go this far, with the indulgence of the House, that we will not shut up that stage of it on Tuesday, but will keep it over until Wednesday for your amendment, disposing of the rest. It will appear as the last item on the Order Paper for Tuesday, and I hope to be able to carry it on sufficiently for your purpose until Wednesday.
