Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I do not want to make any promises on that because this has taken me by surprise. I do not want suddenly to make the mistake Deputy Munster made, which was to put a wrong amendment in a wrong Act, as a result of which it was legally questionable. I will, however, look at the possibility of a repeal. This document has taken my Department and me very much by surprise. I think it was only drawn to our attention last week. We will bring together the stakeholders to consider the matter. The key points, which should be put on the record, are that some local authorities develop by-laws to license horse-drawn carriages operating commercially under Part 19 of the Local Government Act 2001. However, by-laws may not be made under the 2001 Act where powers exist elsewhere in legislation, which is, I believe, the position in this case. Since 2011, Dublin City Council has made by-laws under the 2001 Act to allow licensing of horse-drawn carriages and, in doing so, took over those functions from the Garda in the Dublin city area. In the past, the Garda licensed horse-drawn carriages in Dublin under the Dublin Carriage Acts 1853 to 1855, inclusive. As the Deputy will know, it has now come to light that these powers under these Victorian Acts still exist.

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