Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

Dublin City Council has told my Department how this came about. It had legal advice that it was legal and appropriate for it to make these by-laws but during a review of the 2011 by-laws, the council's law agent provided legal advice that since the 19th century Dublin Carriages Acts had not been repealed, there was no legal basis for the council to make by-laws for horse-drawn carriages. I will ensure that this matter is given due consideration, including further engagement with An Garda Síochána, Dublin City Council and others mentioned by the Deputy and the seeking of separate legal advice if that is deemed necessary. Depending on the outcome, there may be a requirement to amend or repeal legislation, upon which we will act if necessary. It should be said that it seems clear that the council acted in good faith when it made its by-laws in 2011. Following legal advice, it has very recently raised the matter formally with my Department. I will ensure that the matter is given due consideration.

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