Vol. 15 No. 17
I move:
That, notwithstanding anything to the contrary contained in Standing Orders 79 (1) and 85, the Committee Stage and Report Stage of the Eucharistic Congress (Miscellaneous Provisions) Bill, 1932 be taken to-day.
The House understands the urgency of this Bill. As we all know, this measure has got to go through all Stages before the House rises this week, so that it will be in operation next week.
I move amendment 1:
Section 5, sub-section (1). After the word "person" in line 2 to insert the words "subject to compliance with such regulations (if any) as may be made by the Commissioner of the Gárda Síochána."
This amendment is really self-explanatory. It would have appeared in the draft Bill as it stood originally had it not for some time been thought that the burden otherwise thrown on the police during this period is so great as, possibly, to render an examination of vehicles very difficult, if not impossible. The police, and more especially the Commissioner and some of the higher officers, are, even now, with the approach of the Congress, very hard worked, and I might almost say, over-worked, with very long hours. However, as there was a feeling that there should be some inspection of the vehicles, I felt that this amendment should be put forward for the consideration of this House, and I ask the Seanad to accept it. Senators will see also on the Paper a further amendment by my colleague, the Minister for Posts and Telegraphs, providing that every such regulation made by the Commissioner of the Gárda Síochána under the section shall be published by him in such manner as he deems it best for giving notice to the public. In effect, what that means is that, while the examination and test will not, and, indeed, cannot, be as thorough as that applied to the hackney vehicles ordinarily plying in the City of Dublin, the Commissioner of Police will take such precautions as to him seem practical and practicable to ensure the safety of the public, so far as it can be done. I feel that it goes some distance at all events towards meeting the objections raised by Senator O'Farrell.
I move amendment 2:
Section 5, sub-section (3). To insert before the sub-section a new sub-section, as follows: "(3) Every regulation made by the Commissioner of the Gárda Síochána under this section shall be published by him in such manner as he deems best for giving notice to the public."
This is merely consequential on the previous amendment. It ensures that the owners of vehicles will be made aware of the requirements of the Commissioner of the police.
I move amendment 3:
To add at the end of the section a new sub-section as follows:—
(4) Nothing in this section shall render it lawful to use during the Congress period in the Dublin Metropolitan Area a mechanically-propelled vehicle unless it shall after examination have been certified by a duly authorised member of the Gárda Síochána to be in good working order and without any mechanical defect.
It appears to me that the whole section is so loosely drafted that there is no protection whatever for the travelling public during the Congress period. Under its wording, any man is justified in bringing on to the road any kind or description of mechanically propelled yoke, no matter whether it has been hibernating in a back-yard for years or not. There is no test as to whether a man can drive; whether the car is insured or whether it is insured against third-party risks. Personally, I have no sympathy with the passengers who will embark on a journey—to me a rather perilous one—under such conditions, but it is for the safety of the community who will have propelled controlled yokes, and who will observe the rules of the road that I am prompted to move this amendment. I have no desire to press the amendment if I can get a definite assurance from the Minister, but I am sure that under his direction the Guards will take proper precautions to see that these vehicles will be subject to reasonable examination and that they will be allowed on the roads in a safe condition to enable poor people to earn some money in these particular circumstances. As the section stands, it is exposing the public to unnecessary and unreasonable risks.
The amendments that have been moved previously by the Minister for Posts and Telegraphs have been inserted for the purpose of dealing with the position which Senator Fanning has in mind.
Up to a certain point.
Yes up to a certain point, but the intention is not to allow every ramshackle vehicle on the road. The House will understand that, during that period, there will not be sufficient transport available in the city to cope with the crowds, and it is in order that vehicles from outside areas may be enabled to come in here and work—and we are endeavouring to induce them to come in—to cope with the situation that this Bill is being passed. The suggestions were put forward by the InterDepartmental Committee and it is at their request that these recommendations are being made.
I beg to support this also. I am quite satisfied that the Minister will take every precaution that the Guards get instructions to carry out these duties. We all know that it will be a busy time with the Guards and I am sure that if the Minister gives them instructions to see that those yokes are looked after to the best of their ability they will do everything in their power to see that everything is done properly.
I am not sure that it is possible to do anything more than the Minister has proposed. I would like to ask, however, is it not the position at the present moment that it is not legal, for instance, to take out a car if the brakes are not working: that that is in itself an offence, and any person doing so renders himself liable? I would like to be quite sure that there is nothing in this section to take away that liability, and if there is any doubt I think it might be no harm to add to that section so as to prevent anything of the nature occurring.
To begin with the observations of Senator Douglas: The purpose of this clause 5 is to relieve the owners of mechanically propelled hackney carriages of the obligation of having to procure identification plates and the thorough examination that a vehicle usually has to undergo before it is allowed to ply for hire in Dublin. It does not however relieve the owner of any vehicle from the obligations imposed by the Motor Car Act of 1903 and the statutory obligations thereunder to which Senator Douglas referred and which do afford a considerable amount of protection to the public.
I should like very much to be in a position to accept the amendment which Senator Fanning has put down, but having considered the matter very carefully, I feel that it is impossible for me to accept it, for the reason that it provides that a mechanically propelled vehicle is not to ply for hire until after examination. It would have to he certified by a duly authorised member of the Gárda Síochána to be in good working order and without any mechanical defect. Well, I am sure that there are members of the Gárda Síochána Force quite competent to give such a certificate, but it is not one of the conditions of entry into the police force of this country that a candidate should have the degree of skill that would be necessary to give assurance that a vehicle was or was not free from mechanical defect. Apart from this, it would be too much trouble in the circumstances and if I accepted the amendment I could not possibly hold out any hope to the House that the police could ensure that a vehicle was free from a mechanical defect. Conformably with the amendments that have been put forward by the Minister for Posts and Telegraphs and accepted by the House, it is intended that the police will do all they reasonably can with a view to protecting the public.
I would like to assure the Minister that if that is the spirit of the proposal I am quite prepared to withdraw the amendment.
On a point of information, I should like to be informed if a lorry which is not licensed at present for the conveyance of passengers would be permitted, under the new regulations, on the road for carrying purposes without any special licence during this period.
If such a vehicle were to be used, pursuant to the provisions of clause 5, it could be used only subject to compliance with such regulations, if any, as may be made by the Commissioner of the Gárda Síochána, and I am quite sure that the Commissioner will be very cautious before he permits such vehicle to ply.
I wish to propose before Section 11 to insert a new section, as follows:
(1) Notwithstanding anything contained in the Act of 1927, or in any occasional licence, or in any order made under this Act, it shall not be lawful for any person in the Dublin Metropolitan Area or in any part of the county borough of Dublin which is outside the Dublin Metropolitan Area to sell or expose for sale any intoxicating liquor or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises on the 26th day of June, 1932, between the hours of two o'clock and six o'clock in the afternoon.
(2) Every person who shall sell or expose for sale any intoxicating liquor or open or keep open any premises for the sale of intoxicating liquor or permit any intoxicating liquor to be consumed on licensed premises 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 twenty pounds.
The House will observe that by clauses 8, 9 and 10 powers are vested in the Circuit Judge and in the Revenue Commissioners to grant certain additional facilities for the sale of intoxicating drink and the opening of licensed houses. It has been felt that all the catering facilities of Dublin will be taxed to their very utmost during this period of ten or twelve days, that the ordinary restaurants and tea shops could not possibly cope with the demand, that it is desirable that the ordinary publichouses should be available, and that it would not meet the needs of the public on the final Sunday of the celebrations if the publichouses were open merely from 2 in the afternoon until 5, which are the opening hours under the present regulations, because it is anticipated that it may be the early hours of the following morning before some of the trains and omnibuses may be able to depart from the city. For that reason powers were sought to enable the police to obtain exemption orders entitling licence holders to remain open for much longer hours. It was understood, and was pretty certain, I think, that the licence holders would close their shops between 2 and 5, which are the ordinary Sunday afternoon opening hours at the present time, out of reverence for the occasion, and also to enable their staffs to attend the ceremonies. I felt that I could rely on the good taste of the trade to ensure that, and accordingly a provision of this nature was not inserted in the draft Bill. There is now a desire, and I think it is a desire which comes from the licensed trade as well as from others, that there should be this actual change in the law relating to that Sunday afternoon, and that the hours of 2 to 5 are hours which should be made prohibited hours. I have not heard a word of objection from outside the House against the principle of this new section, and I would ask the House to accept it.
On behalf of the licensed trade, I am desired to assure the Minister that it is our intention that there will be no business carried on before 6 o'clock in the evening. The licensed houses are perfectly willing to be closed until 6, and then to accept whatever hours Judge Davitt may be willing to arrange. Otherwise they are in complete harmony with all the essential programme of the day and will give the assurance that they will not trade until the hour fixed.
