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21 1944

TRANSPORT ACT, 1944

PART III.

The Transport Advisory Committee.

Establishment of the Transport Advisory Committee.

63. —(1) On the establishment date there shall, by virtue of this subsection, be established a committee, which shall be styled the Transport Advisory Committee, to fulfil the functions assigned to it by this Act.

(2) The Advisory Committee shall consist of five members, namely—

(a) a chairman who shall be nominated by, and may be removed from office by, the Minister,

(b) one ordinary member who shall be nominated by, and may be removed from office by, the Minister for Agriculture, and

(c) three ordinary members who shall be nominated by, and may be removed from office by, the Minister.

(3) Of the three ordinary members of the Advisory Committee to be nominated by the Minister, one shall be a person who, in the opinion of the Minister, is experienced in commercial and industrial affairs, a second shall be a person who, in the opinion of the Minister, is experienced in labour matters, and the third shall be a person who, in the opinion of the Minister, is experienced in transport affairs.

(4) Every member of the Advisory Committee shall, unless he sooner dies, resigns or is removed from office, hold office for such period, not exceeding three years, as the Minister of State by whom he was nominated shall fix at the time of his nomination but shall be eligible for renomination.

(5) Any member of the Advisory Committee may resign his office at any time.

(6) There shall be paid out of moneys provided by the Oireachtas to the members of the Advisory Committee such remuneration and such travelling expenses, subsistence allowance and other expenses as the Minister, with the sanction of the Minister for Finance, may determine.

(7) Whenever it appears to the Minister or the Minister for Agriculture that on account of ill-health or for other sufficient reason a member of the Advisory Committee nominated by that Minister is temporarily unable to discharge his duties as such member, that Minister may appoint a person to act as a member of the Advisory Committee for such period (not exceeding the duration of such inability) as he shall think proper and every person so appointed to act as a member of the Advisory Committee shall during the period for which he is so appointed be a member of the Advisory Committee in place of such first-mentioned member.

(8) The proceedings of the Advisory Committee shall not be invalidated by any vacancy in their number.

Duties of the Advisory Committee.

64. —It shall be the duty of the Advisory Committee to consider, report to and advise the Minister on, any matter which is referred to them by the Minister under this Act.

Powers of the Advisory Committee.

65. —(1) Where any matter is referred to the Advisory Committee by the Minister under this Act, the Advisory Committee may, before considering, reporting to and advising the Minister on, that matter hold such inquiry as they may think fit.

(2) Before holding any inquiry the Advisory Committee shall give public notice of the date and place at which the inquiry will be held and of the subject matter thereof, and any person affected may make representations to the Advisory Committee and unless in their discretion the Advisory Committee consider it unnecessary, any such person shall be heard at the inquiry.

(3) The Advisory Committee may for the purposes of any inquiry do all or any of the following things, that is to say:—

(a) summon witnesses to attend before them at such inquiry;

(b) examine on oath (which any member or the Secretary of the Advisory Committee is hereby authorised to administer) the witnesses attending before them at such inquiry;

(c) require any such witness to produce any document in his power or control which the Advisory Committee consider necessary for the purposes of such inquiry.

(4) A witness before the Advisory Committee shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(5) If any person—

(a) on being duly summoned as a witness before the Advisory Committee makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the Advisory Committee to be taken, or to produce any document in his power or control legally required by the Advisory Committee to be produced by him, or to answer any question to which the Advisory Committee may legally require an answer,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(6) Where a witness attends before the Advisory Committee in pursuance of a summons under subsection (3) of this section, the Minister may, if he so thinks proper, pay to him such sum in respect of expenses incurred by him in connection with his attendance as the Minister, with the sanction of the Minister for Finance, may determine.

Regulation of proceedings before the Advisory Committee.

66. —The Advisory Committee, with the concurrence of the Minister, may make regulations in relation to all or any of the following matters, that is to say:—

(a) the quorum at any sitting of the Advisory Committee;

(b) the times and places of the meetings of the Advisory Committee;

(c) the persons to whom and the times and manner in which notice of the sittings of the Advisory Committee shall be given;

(d) the admission or exclusion of the public to or from sittings of the Advisory Committee;

(e) such other matters in relation to the practice and procedure of the Advisory Committee as the Advisory Committee may consider necessary or expedient for the proper conduct of their business.

Staff of the Advisory Committee.

67. —(1) The Minister shall appoint an officer of the Department of Industry and Commerce to be secretary of the Advisory Committee and may, subject to the consent of the Minister for Finance as to the number, appoint such other officers of the Advisory Committee as the Minister may consider necessary to assist the Advisory Committee in the performance of their functions.

(2) The secretary and other officers of the Advisory Committee shall hold office upon such terms and in such manner as the Minister, after consultation with the Minister for Finance, shall appoint.

(3) There may be paid out of moneys provided by the Oireachtas to the secretary and other officers of the Advisory Committee such remuneration (if any) and such travelling expenses and subsistence allowances as the Minister, with the sanction of the Minister for Finance, may determine.