Tim Lombard (Fine Gael) | Oireachtas source

I raise the issue of how local authorities are using section 38 of the Road Traffic Act 1994, which allows council executives to make decisions on road traffic issues, including on such matters as the provision of footpaths, public lighting, pedestrian crossings and cycleways. Traditionally, this process would have involved the provisions set out in Part 8 of the Planning and Development Regulations 2001, whereby local authority members would have their say. However, we are now seeing a bizarre scenario in which local authorities are advertising a major or minor change of infrastructure, undertaking a public consultation to get people’s views and then disregarding them. In the particular case I want to highlight, 98% of the population were opposed to the council’s proposal, as were the six elected members of the local authority, but the management said it would go ahead, which it is doing.

We have a huge issue with something called democracy and how it works when it comes to how the section 38 process is being used. In the village of Minane Bridge, County Cork, a one-way system is being put through the village, even though 98% of the people do not want that to happen. The six local authority members are totally opposed to it, but the management of Cork County Council has said it will proceed with a section 38 process. It has taken people’s views on board, said they are wrong and it is putting in the infrastructure to give this small village a one-way system. This is not democracy and I strongly believe it is an abuse of the section 38 process. We must have a meeting or debate with the Minister for Transport, Deputy Eamon Ryan, under whose remit this issue falls. If we do not have such a debate about how local authorities use the section 38 process, that process will be used in every local authority and, unfortunately, democracy will not be served.