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Unread 30-05-2010, 14:02   #32
Alan French
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Join Date: Dec 2008
Posts: 89
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If I remember right from reading the Transport Acts, the Dáil has the right to overrule a closure. I think they did that with the Loughrea branch when closure was proposed in 1963. I know it closed 12 years later, but it made a difference at the time. If we could get the Greens to vote with the opposition, the closure could be voted out.

I think the closure of four stations between Dublin and Dun Laoghaire in 1960 was delayed because of the legal notice not having the right information, somewhat like what is happening now. All these stations were re-opened over the period 1972-1984.

Some years ago I asked for some legal opinion about closures. I was told that this kind of act tends to give wide powers of discretion. So it's difficult to catch them out on words like "if in the opinion of the Board the service is uneconomical and unlikely to be economical for a reasonable period". But it was suggested that the whole Act could be unconstitutional because it contravenes normal justice by not allowing the principle of audi alteram parte, hear the other side. Have you any ideas on this?

In general, because the damage caused by closures is spread over the economy rather than certain individuals suffering, there have been few cases chalenging the act. But the first question should be, not who can afford to take a case, but whether the case stands. Even a threat of a case could put pressure in the right places.
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