Faulkner, Padraig

Wednesday, 25 June 1975

Dáil Eireann Debate
Vol. 282 No. 8

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Local Authorities (Traffic Wardens) Bill, 1975: Committee Stage.

As a matter of interest, will the section empower gardaí or wardens to move vehicles? Does it refer to mechanically-propelled vehicles which are not in a propellable condition?More Button

I raise the matter because there is so much trouble with cars being left on the roadway which were at one time mechanically propelled. Amendment agreed to. Question proposed: “That section 1, as amend...More Button

I move amendment No. 2: To delete subsection (1) and substitute the following: “(1) A local authority may, subject to the approval of the Commissioner of the Garda Síochána—More Button

The subsection states that: (1) A local authority may, after consultation with the Commissioner of the Garda Síochána, make arrangements for the carrying out of the functions specified in subsection ...More Button

The Minister states that this was something that had been approved by the previous Administration but it must be pointed out that no such proposal came before the House, that two-and-a-half years have...More Button

There is one point I should like to make in relation to what the Minister has said on the amendment and in relation to the Garda. The Minister will agree that this amendment would run with the amendm...More Button

Therefore, he would regard it as reasonable in the event of his having accepted the original amendment.More Button

The Minister could hardly visualise any other situation if the original amendment had been accepted.More Button

I take it that the Minister would now accept that if these words had been inserted originally there would be much less contention?More Button

Has the Minister any idea why this phrase was inserted in the original Act because the Minister refers to clearways which were not in existence then?More Button

Up to now, as far as I can recall, the position was that where the warden had reasonable grounds for believing a person had committed an offence he affixed the notice to the car. We are in a differen...More Button

I move amendment No. 7: In page 4, line 12, after “a traffic warden” to insert “in uniform”. I pointed out at Second Stage the reason why I should be moving this amendment. Subsection (4) states: Whe...More Button

I am afraid this leaves the legislation rather loose. Would not the Minister agree that the vast majority of those who commit traffic offences would be unaware of the fact that they could request offi...More Button

I am fully aware of that. The point I am making is that most people will not know and do not know now that they can request this information from traffic wardens.More Button

Could we ensure that there would be an outward identification? It is not sufficient to say that, if a person is not satisfied that the person interrogating him is a warden, he can request his officia...More Button

Would the Minister be prepared to consider in the Seanad an amendment ensuring some form of outward identification?More Button

The Minister will agree it is undesirable a person would have authority to interrogate someone else without having some identification.More Button

The suggestion was made that we would accept the section as it is and forego the amendments which were put down. Deputy O'Malley has made a very strong case for the use of a uniform by the traffic wa...More Button

I would not feel happy to have a situation where a person without any identification would have authority to ask questions. That is why I ask the Minister to consider amending the Bill before it goes ...More Button

I move amendment No. 9: In page 4, line 31, after “authority” to add the following: “, save that offences under section 3 (5) or section 4 of this Act shall not be prosecuted without the consent in wr...More Button

In putting down this amendment our main objective was to ensure that the prosecutions brought by the local authorities would be confined to parking offences and offences in relation to tax discs. The ...More Button

I think Deputy Desmond is in general terms in support of the amendment. The case, very briefly, that we have made is that the offences are of very different natures. We are concerned with confining ...More Button

Ceisteanna—Questions. Oral Answers. - Local Authority Loans.

asked the Minister for Local Government if he has received representations from the General Council of County Councils with regard to increasing the income limit for and the maximum amount of local au...More Button

Would the Minister agree that the private sector of the house building industry is in a critical condition with rapidly rising unemployment and rapidly rising costs not only in the industry itself but...More Button

Ceisteanna—Questions. Oral Answers. - Dublin Housing.

asked the Minister for Local Government the total subsidy per house payable by (a) the State and (b) the local authorities in respect of current local authority house building in the Dublin area.More Button

asked the Minister for Local Government the average cost per house of providing local authority houses in the Dublin area in (a) April, 1973, (b) April, 1974, and (c) April, 1975.More Button

Quite an increase.More Button

Local Authorities (Traffic Wardens) Bill, 1975: Committee Stage (Resumed).

I know the amendment is defeated, of course, but I want to ask a further question. We are dealing with the section now. I would like to know whether it is intended that the law officer of the local ...More Button

Will the Minister explain what is meant here by “as prescribed or to be prescribed”—section 6 subsection (1)?More Button

I would like a little more information about what is contained in this section where it states that a local authority may enter into agreement with another authority. If a local authority enter into ...More Button

I thought, originally, when Deputy O'Malley was making the case about the town commissioners that in fact in most cases the county council are the ones likely to appoint the wardens?More Button

Could the Minister visualise the situation where one local authority would control the traffic wardens for the whole country?More Button

I think it is a pity that the amendment is out of order but I am sure the Minister might be amenable to accepting the idea underlying the amendment. The Minister, in his Second Reading speech, said th...More Button

The Minister has to some degree shifted his ground since the Second Reading. If I were to just look at the section which reads: The Minister may, with the consent of the Minister for Finance, make gr...More Button

I would like to draw the attention of the Minister, again, to his Second Reading speech. Perhaps when he replies he will quote what he said because I have not got it in front of me but my recollectio...More Button

What are the expenses visualised here? (Interruptions.)More Button

Local Government (Planning and Development) Bill, 1973: Committee Stage (Resumed).

As far as I can remember, when I was speaking previously on amendment No. 61, in the name of Deputy Haughey, I said that I felt that the same principle should apply here as applies in the case of vexa...More Button

Of course, I suppose the fact that costs are involved would be a deterrent. The fact is that in relation to appeals to the Minister where the costs are not to any worth-while degree involved, a vexat...More Button

It does not always necessarily follow.More Button

A case where a man may have a reasonable case.More Button

Deputy Tunney raised the question of a person not having sufficient money to take action in the High Court. I should like to ask in relation to a private person who believes he has a sound case but h...More Button

No, but there is the possibility. In fairness, I would say to a private individual who may have a very just case but who does not feel he is financially capable of proceeding with it that if the case...More Button

I hardly expect a person to do it if he did not think the case was reasonable. Question put and agreed to. SECTION 24. Amendment No. 63 not moved.More Button

That would include cases that were there four years and 11 months?More Button

What the Minister says now is actually in the section. It is not just an interpretation by the Minister?More Button

There is no doubt as to what the interpretation will be.More Button

This does not cut across what the Minister said in relation to the previous subsection?More Button

It relates to something that may happen in five years' time?More Button

I am still not very clear. Would the Minister explain more slowly the actual development or what, in fact, it means and the circumstances in which it would arise?More Button

Does it mean anything in relation to payment, for example? I thought that it had some reference to payment in the sense that if a certain amount of the work is done and the developer then gets a deve...More Button

I appreciate what is involved but I also thought that it had some bearing on, possibly, a builder.More Button

Not exactly, to some extent, but the opposite point is in my mind that if he had not completed the work in accordance with the specifications laid down in relation to the whole scheme he might not be ...More Button

I am. It has cleared my mind and I hope that it has cleared a number of builders' minds.More Button

Are we dealing with 67 and 68?More Button

Why is it suggested that the matter should be dealt with in the Circuit Court rather than the District Court?More Button

The point I raised here is why the Circuit Court rather than the District Court.More Button

I would be worried about the cost of it.More Button

Is it a question of speed?More Button

When I saw this amendment I was rather surprised and felt it must have implied that possibly the District Court might not be able to deal with matters of this kind. The Minister possibly has got lega...More Button

It would be worth having another look at it.More Button

Would the Minister explain the amendment?More Button

The general explanation the Minister gave earlier on applies.More Button

Private Members' Business. - Building Industry: Motion.

I do not think the Government have much to say about that aspect.More Button

There is not the slightest doubt about that.More Button

They do not know anything of the sort.More Button

The Minister knows that is nonsense.More Button

Private Members' Business. - Local Government (Planning and Development) Bill, 1973: Committee Stage (Resumed).

To whom would they object?More Button

If they send the objection to the local authority and the local authority have already made their own decision, are the local authority likely to change that decision simply because an objection came ...More Button

Is there any real point in going through all the various stages that the Minister has in mind? The case made by Deputy Molloy was where all of the elected representatives wanted to make a change and w...More Button

I would support strongly the case made by Deputy Molloy, that rather than introduce these new sections they would be introduced in the general Bill. I am not saying this for the first time. I made t...More Button

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