Faulkner, PadraigWednesday, 25 June 1975 |
Dáil Eireann Debate
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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?
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...
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—
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 ...
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...
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...
Therefore, he would regard it as reasonable in the event of his having accepted the original amendment.
The Minister could hardly visualise any other situation if the original amendment had been accepted.
I take it that the Minister would now accept that if these words had been inserted originally there would be much less contention?
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?
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...
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...
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...
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.
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...
Would the Minister be prepared to consider in the Seanad an amendment ensuring some form of outward identification?
The Minister will agree it is undesirable a person would have authority to interrogate someone else without having some identification.
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...
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 ...
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...
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 ...
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 ...
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...
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...
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.
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.
Quite an increase.
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 ...
Will the Minister explain what is meant here by “as prescribed or to be prescribed”—section 6 subsection (1)?
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 ...
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?
Could the Minister visualise the situation where one local authority would control the traffic wardens for the whole country?
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...
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...
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...
What are the expenses visualised here? (Interruptions.)
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...
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...
It does not always necessarily follow.
A case where a man may have a reasonable case.
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...
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...
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.
That would include cases that were there four years and 11 months?
What the Minister says now is actually in the section. It is not just an interpretation by the Minister?
There is no doubt as to what the interpretation will be.
This does not cut across what the Minister said in relation to the previous subsection?
It relates to something that may happen in five years' time?
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?
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...
I appreciate what is involved but I also thought that it had some bearing on, possibly, a builder.
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 ...
I am. It has cleared my mind and I hope that it has cleared a number of builders' minds.
Are we dealing with 67 and 68?
Why is it suggested that the matter should be dealt with in the Circuit Court rather than the District Court?
The point I raised here is why the Circuit Court rather than the District Court.
I would be worried about the cost of it.
Is it a question of speed?
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...
It would be worth having another look at it.
Would the Minister explain the amendment?
The general explanation the Minister gave earlier on applies.
Private Members' Business. - Building Industry: Motion.
I do not think the Government have much to say about that aspect.
There is not the slightest doubt about that.
They do not know anything of the sort.
The Minister knows that is nonsense.
Private Members' Business. - Local Government (Planning and Development) Bill, 1973: Committee Stage (Resumed).
To whom would they object?
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 ...
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...
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...
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