Operating Aspects of
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PASSENGER TRANSPORT
CARDIFF TO SEEK HIGH COURT WRIT AGAINST MINISTER?
Corporation Appeals Concerning Bus Terminus Dismissed CARDIFF WatchCommittee has discussed the adverse decision of the Minister of Transport on the Corporation's appeals against the South Wales Commissioners' action in allowing foot: bus companies to use Westgate Street as a terminus. The hearing, which occupied three days, was reported at some length in The Commercial Motor on March 9.
It is now suggested that the corporation should apply to the High Court for a writ of certiorari against the Minister on the ground that his decision is ultra vires. It is contended that the Minister, in fixing, through the COmmissioner, termini and stopping places for buses, is acting outside his statutory powers and is over-riding the general law of the land.
The opponents to the appeals were Neath and Cardiff Luxury Coaches, Ltd., Rhondda Tramways Co., Ltd., Western Welsh Omnibus Co., Ltd., and_
Lewis and James, Ltd. In the case of the first-named concern, the Minister is unable to take any action, because, he states, the deputy chief constable of Cardiff appeared at the Commissioners' hearing of the applications for the use of Westgate Street, on behalf of the police and not for the corporation. The local authority, therefore, has no right of appeal. The appeals in the other cases are dismissed and the corporation is to pay costs.
When the watch committee considered the appeal result, the chief constable read an extract from Hansard of a speech in the House of Commons on February 21 in which the Minister said : " I have no power, outside London, to fix stopping places for either tramcars or buses." This statement was in complete negation, the
chief contable submitted, of the Minister's present action. The chief constable pointed out that the Minister's speech continued.: "Should stops be fixed inconveniently, I think that representation to the pielice or to the local authority would normally result in an adjustment," The town clerk said that he did not think the Minister had acted illegally, unless he fixed Westgate Street as a terminus. The Minister appeared to contend that this was not a terminus but that buses passed through.
The clerk was asked to report on the legality of the Minister's action to the next meeting, when a division will be made on the matter of appeal to the High Court. , The point raised at Cardiff as a possible ground for appeal has been discussed lately in several towns in England and has been the subject of recent articles in law journals.