Hamilton Mayor Sutherland Madeiros "overstepped his authority" by imposing a ban on horse-drawn carriages during Harbour Nights, Senator Wayne Caines said yesterday.

The Junior Tourism and Transport Minister said he was writing to the Mayor to "strongly" urge him to temporarily suspend the decision, which was announced on Monday.

The ban comes almost a year after a stampede along Front Street involving two horses and their carriage which injured 19 people during the first Harbour Night of 2007.

The Corporation of Hamilton ordered a temporary ban following the incident, saying it would remain in place until Police released their investigative report into what happened.

The report has been passed to the Office of the Director of Public Prosecutions but has not yet been made public

On Monday, the Mayor said the Corporation had decided to permanently ban horse-drawn carriages to "help prevent a similar reoccurrence" at the weekly tourist attraction.

Sen. Caines described the Mayor's announcement as a "surprise". He said:"Senior officials at the Ministry of Tourism and Transport are concerned that the Mayor of Hamilton overstepped his authority this week when he announced a ban on horse-drawn carriages in the City of Hamilton during Harbour Nights.

"While the Mayor obviously has wide discretion within the city limits, it is the Public Service Vehicles Licensing Board (PSVLB)which is responsible for public service vehicles countrywide and that legislative oversight includes horse-drawn carriages.

"The Public Service Vehicles Licensing Board was not consulted before the Mayor's public statements yesterday. The Transport Control Department was also not consulted.

"Sen. Caines said he would ask the Mayor to immediately consult with the PSVLB. He added: "A prudent consultative process will ensure that the decision is not made emotionally, but instead handled with an eye on the greater good of all involved

"Of course it would be irresponsible to speculate on the results of this consultative process before it even begins, but I am confident that if it is allowed to unfold prudently we will have a reasoned conclusion when all the discussion is complete.

"He said the Corporation did not consult Government when it imposed the temporary ban. "We were surprised and concerned with the initial decision, just as we were surprised and concerned by the announcement made yesterday," added Sen. Caines.

He pointed out that the Corporation requested permission to have a representative on the PSVLB in December 2006 but had never sent anyone to a board meeting.

A spokeswoman for Mr. Madeiros said: "The Mayor of Hamilton has received no communication from the Junior Tourism and Transport Minister this afternoon. Whatever communication is forthcoming he will review it upon receipt.

"Stable owners and horse and carriage operators expressed dismay at the Mayor's announcement on Monday, describing it as premature because the Police report has still not been released. The Society for the Protection of Animals said it welcomed the permanent ban, which only applies to Harbour Nights activities.