PART II.

Establishment of Railway Tribunal.

13. —(1) There shall be established a court styled the Railway Tribunal consisting of three standing members, that is to say, a chairman and two ordinary members, all of whom shall be appointed by the Governor-General on the advice of the Executive Council.

(2) Each of the standing members of the railway tribunal shall be appointed and hold office for five years and shall then retire, but shall be eligible for reappointment.

(3) A standing member of the railway tribunal may resign his office at any time.

(4) A standing member of the railway tribunal may only be removed from his office by a resolution passed by Dáil Eireann and by Seanad Eireann for incapacity or misbehaviour stated in such resolution.

(5) The railway tribunal shall be a court of record and shall have an official seal, which shall be officially and judicially noticed, and the railway tribunal may act notwithstanding a vacancy in its number.

14. —(1) Every person appointed to be chairman of the railway tribunal shall at the date of his appointment either—

(a) be a practising barrister of at least twelve years' standing, or

(b) be or have been a judge of the Supreme Court, the High Court, or the Circuit Court, or

(c) have been a judge of the Supreme Court of Judicature in Ireland, or

(d) have been a Recorder or County Court Judge in Saorstát Eireann.

(2) A judge of the Supreme Court, the High Court, or the Circuit Court may while he holds that office be appointed, with his own consent and the consent of the Chief Justice, to be chairman of the railway tribunal on the terms that he may retain office as such judge notwithstanding his appointment as such chairman.

(3) One of the ordinary members of the railway tribunal shall be a person of experience in commercial affairs and the other of such members shall be a person of experience in railway business.

(4) A standing member of the railway tribunal shall not, while he retains that office, enter into or remain in the employment of any person, company or other undertaking engaged in the transport of persons or things, and a chairman of the railway tribunal shall not, while he retains that office, engage in practice at the bar in Saorstát Eireann.

(5) Subject to the foregoing provisions of this section, a standing member of the railway tribunal may be appointed on such terms in respect of his holding or not holding any other office or employment as the Executive Council shall, after consultation with the Minister if he is not an Executive Minister, advise the Governor-General.

15. —(1) The Minister shall appoint a registrar of the railway tribunal and may, subject to the consent of the Minister for Finance as to numbers, appoint such other officers and servants of the railway tribunal as he shall consider necessary for assisting them in the execution of their duties.

(2) There shall be paid to the standing members of the railway tribunal, and to the registrar and other officers and servants of the railway tribunal such remuneration as the Minister for Finance shall determine.

(3) The Civil Service Regulation Act, 1924 (No. 5 of 1924), shall apply to the registrar and other officers and servants of the railway tribunal.

(4) The remuneration of the members (including temporary members) and of the registrar and other officers and servants of the railway tribunal and all other expenses of the railway tribunal incurred in the exercise and performance of their powers and duties shall be defrayed out of moneys to be provided by the Oireachtas, and a sum equal to one-half of the excess as determined by the Minister for Finance of such remuneration and expenses in each financial year over and above the amount of all fees charged and recovered by the railway tribunal under this Act in that financial year, shall, on demand made within twelve months after the end of that financial year, be paid to the Minister by the amalgamated company as part of its working expenses.

16. —(1) Every person appointed to be a standing member of the railway tribunal shall within three months after his appointment absolutely sell and dispose of all shares in any transport undertaking which he shall at the time of his appointment own or be interested in for his own benefit, and if any shares in any transport undertaking shall come to or vest in a member of the railway tribunal by will or succession for his own benefit, he shall within three months after the same shall have so come to or vested in him, absolutely sell and dispose of the same or his interest therein.

(2) A standing member of the railway tribunal shall not, while he holds that office, purchase, take, or become interested in for his own benefit any shares in any transport undertaking.

(3) Any standing member of the railway tribunal who shall retain, purchase, take, or become or remain interested in any shares in any transport undertaking in contravention of this section shall be disqualified for and be deemed to have vacated his office as such member.

(4) In this section the expression “shares in any transport undertaking” means and includes any stock, shares, debentures, debenture stock, bonds, or other securities of any company engaged in the transport of persons or things in Great Britain or Ireland.

17. —(1) There shall be constituted two panels, that is to say:—

(a) a panel (hereinafter referred to as the “general panel”) consisting of twelve persons nominated by the Governor-General on the advice of the Executive Council, such advice being given as regards three such persons after consultation with the Minister and with a view to such three persons being representative of commercial and industrial interests, and as regards two other such persons after consultation with the Minister and with a view to such two persons being representatives of the interests of labour, and as regards two other such persons after consultation with the Minister and with a view to such two persons being representative of the interests of passengers upon railways, and as regards four other such persons after consultation with the Minister for Lands and Agriculture and with a view to such four persons being representative of agricultural interests, and as regards one other such person after consultation with the Minister for Fisheries and with a view to such person being representative of fishery interests; and

(b) a panel (hereinafter referred to as the “railway and canal panel”) consisting of four persons nominated by the Governor-General on the advice of the Executive Council, such advice being given after consultation with the Minister and with a view to three of such persons being representative of the railway companies in Saorstát Eireann and the other of such persons being representative of the canal and inland navigation companies and authorities in Saorstát Eireann.

(2) Each member of the panels shall be appointed for such term not exceeding three years from the date of his appointment as the Governor-General shall on the advice of the Executive Council determine at the time of the appointment and shall then retire, but a retiring member shall be eligible for re-appointment.

(3) If a vacancy occur amongst the standing members of the railway tribunal, or if any standing member of the railway tribunal is incapacitated by prolonged illness or other unavoidable cause from attending meetings of the tribunal, then, for the purposes of Part III . of this Act only, pending the filling up of such vacancies or during such absence—

(a) in the case of the chairman, the Governor-General on the advice of the Executive Council may appoint a person to act as temporary chairman in his place; and

(b) in the case of either of the ordinary members, the Governor-General on the advice of the Executive Council may appoint a member of a panel to act in his place, the person so appointed being selected from the general panel or the railway and canal panel according to the qualification of the ordinary member in question.

(4) Whenever for the purposes of any particular case or proceeding brought under Part III . of this Act the railway tribunal either upon application by any of the parties or otherwise so request, or the Minister thinks it expedient, there shall be added to the railway tribunal two additional members nominated by the Governor-General on the advice of the Executive Council from the panel, one such additional member being selected from the general panel and the other from the railway and canal panel.

In selecting a member from either panel, regard shall be had to the particular class of case or proceeding to be heard, so that, as nearly as may be, the person so selected shall be conversant with and have knowledge of the technical matter that may arise in such particular case or proceeding.

(5) Every person appointed under this section to be temporary chairman or temporary member of the railway tribunal shall, while he holds that office, be paid such remuneration as the Minister for Finance shall determine and shall have and exercise all the powers and functions of the chairman or an ordinary member (as the case may be) of the railway tribunal.

(6) Any person appointed under this section to be an additional member of the railway tribunal shall, for the purposes of any proceedings in respect of which he may be so appointed, be a member of the railway tribunal and shall, subject to the provisions of this Part of this Act, and to the general rules made thereunder, have and exercise all the powers and functions of a member of the railway tribunal.

18. —(1) For the purposes of this Act the railway tribunal shall have full power and jurisdiction to hear and determine all matters, whether of law or fact, which shall be duly brought before them under this Act, and shall not be subject to be restrained in the execution of their powers under this Act by the order of any other court, nor shall any proceedings before them be removed by certiorari into any other court.

(2) The railway tribunal with respect to the following matters, that is to say:—

(a) enforcing the attendance of witnesses (after a tender of their expenses), the examination of witnesses orally or by affidavit, and the production of deeds, books, papers, and documents; and

(b) punishing persons refusing to give evidence or to produce documents, or guilty of contempt in the presence of the railway tribunal or any of them sitting in open court; and

(c) the enforcement of their orders; and

(d) other matters necessary or proper for the due exercise of their several jurisdictions under this Act or otherwise for carrying this Act into effect;

shall have all such powers, rights, and privileges as are vested in the High Court for such or the like purposes, and all proceedings before the railway tribunal shall in law be deemed to be judicial proceedings before a court of record.

(3) Save as otherwise provided by this Act the costs of and incidental to every proceeding before the railway tribunal shall be in the discretion of the railway tribunal, who may order by whom and to whom the same are to be paid and by whom the same are to be taxed and allowed.

19. —(1) The railway tribunal may, with the approval of the Minister and the Chief Justice, make general rules governing their procedure and practice and generally for carrying into effect their duties and powers under this Act, and such rules may, amongst other things, provide for—

(a) the awarding of costs by the tribunal, but so that in proceedings under this Act before the railway tribunal at the instance of any company or person, other than disputes between two or more railway companies, the tribunal shall not have power to award costs unless they are of opinion that either the application or claim or complaint or defence or objection, as the case may be, is frivolous and vexatious;

(b) the reference of any question to a member or officer of the tribunal, or any other person appointed by them, for report after holding an inquiry locally;

(c) enabling the tribunal to dispose of any proceedings before them, notwithstanding that in the course of the proceedings there has been a change in the persons sitting as members of the tribunal;

(d) the right of audience before the tribunal, provided that any party shall be entitled to be heard in person, or by a representative in the regular employment of the party duly authorised in writing, or by counsel or solicitor;

(e) the number of members of the tribunal who shall form a quorum for the hearing of different classes of cases.

(2) There shall be charged by the railway tribunal and paid in respect of proceedings before them and in respect of acts done by them or any of their officers in the execution of their respective powers and duties such fees as shall be prescribed by orders made by the Minister on the recommendation of the railway tribunal and with the sanction of the Minister for Finance.

(3) The Minister shall give to the railway tribunal such assistance as the tribunal may require, and shall place at the disposal of the tribunal any information in his possession which he may think relevant to the matter before the tribunal, and the Minister shall be entitled to appear and be heard in any proceedings before the tribunal.

(4) The railway tribunal shall annually make a report to the Minister of their proceedings under this Act, including reports of such of the cases heard and decided by them as appear to them to be of permanent or special importance, and the Minister shall lay such report before each House of the Oireachtas.

20. —The central office of the railway tribunal shall be in Dublin, but, subject to the provisions of this Act and to the rules made thereunder, the railway tribunal may hold sittings in any part of Saorstát Eireann, in such place or places as may be convenient for the determination of the proceedings before them.

21. —(1) The determination of any question before the railway tribunal shall be according to the opinion of the majority of the members (including additional members, if any) of the railway tribunal hearing the case.

(2) Every decision of the railway tribunal shall be pronounced by the chairman or other member presiding on the occasion, and no judgment or opinion shall be separately pronounced by any other member.

22. —(1) No appeal shall lie from any order made by the railway tribunal in exercise of any jurisdiction conferred on them by Part I . of this Act, nor from any decision of the railway tribunal under any other jurisdiction on a question of fact or any question regarding the locus standi of any person appearing or claiming to be heard before them.

(2) Save as otherwise provided by this Act, an appeal shall lie from every decision of the railway tribunal to the Supreme Court, but no such appeal shall be brought except in conformity with rules of court of the Supreme Court.

(3) On the hearing of an appeal from the railway tribunal the Supreme Court may draw all such inferences as are not inconsistent with the facts expressly found by the railway tribunal, and are necessary for determining the questions raised on the appeal, and shall have all such powers for that purpose as if the appeal were an appeal from a judgment of the High Court, and may make any order which the railway tribunal could have made, and also any such further or other order as may be just, and the costs of and incidental to an appeal shall be in the discretion of the Supreme Court, but neither the railway tribunal nor any member or officer thereof shall be liable to any costs by reason or in respect of any appeal.

23. —(1) Every function, jurisdiction, power, and duty which was on the 6th day of December, 1921, exercised by or imposed on the Railway and Canal Commission by statute or otherwise shall (with the exceptions hereinafter mentioned) from and after the passing of this Act be exercised and performed in Saorstát Eireann by the railway tribunal.

(2) Every mention or reference contained in any British Statute of or to the Railway and Canal Commission shall as respects the doing or not doing of any act, matter, or thing after the passing of this Act be construed and take effect, subject to the provisions of this Act and with the exceptions hereinafter mentioned, as a mention of or reference to the railway tribunal.

(3) The several functions, jurisdictions, powers, and duties conferred or imposed on the railway tribunal by this section may be exercised or performed by them for the purposes of this Act as well as for the purpose for which the same were conferred or imposed on the Railway and Canal Commission.

(4) This section shall not apply to any of the functions, jurisdictions, powers, and duties exercised by or conferred or imposed on the Railway and Canal Commission under or by sub-section (1) of section 1 of the Defence of the Realm (Acquisition of Land) Act, 1916, or under or by section 8 of the same Act, or to any mention of or reference to the Railway and Canal Commission contained in any British Statute in relation to any of those functions, jurisdictions, powers, and duties.