Special Committee on the Roads Bill, 1991 debate -
Wednesday, 29 Jul 1992

SECTION 55.

Amendment No. 146 not moved.

Mr. Yates

I move amendment No. 147:

In page 46, subsection (3), line 42, to delete "shall" and substitute "may".

Section 55 (3) states: "A toll scheme shall", and it goes on to specify the requirements relating to a toll scheme. I am asking that the word "may" be substituted for the word "shall". That would give greater flexibility to ensure that new taxes are not imposed on ordinary motorists who are already paying £3.5 million every day of every week, including VAT and excise duty on petrol, vehicles and spare parts. Taxation on motoring is high enough without giving power to impose further taxes.

Mr. Smith

When a toll scheme is being examined by the Minister it is important that he is in full possession of all the details that relate to it before he makes a decision to approve the scheme or otherwise. Similarly, a toll scheme must be available for inspection by the general public. It is vital that they have as much information as possible on what is proposed. It follows, therefore, that it is imperative that information outlined in subsection (3) be included in a toll scheme as in the case of the Local Government (Toll Roads) Act, 1979. To accept the Deputy's amendment would lead to important relevant information being omitted from a toll scheme and the public being kept in the dark about what is proposed. The subsection simply outlines what should be in the scheme.

Mr. Yates

I will be withdrawing this amendment because I realise that "may" or "shall" would have the required effect. My intention is quite clear. Is the Minister serious about not wishing to introduce a new form of taxation, and if so will he consider the wording of these sections before Report Stage to ensure limited application of these powers?

Amendment, by leave, withdrawn.

Mr. Yates

I move amendment No. 148:

In page 47, lines 26 and 27, to delete subsection (6) and substitute the following:

"(6) A toll scheme shall not be made in relation to a regional road or a local road.".

The Minister said earlier that non-national roads cannot be tolled, or require local authority approval, in the event of tolling. I am happy with that because local authorities would have a good idea of what would apply in relation to non-national roads. Again, we are dealing with a hypothetical situation. There is no toll at the moment on a local road — perhaps the East Link is a regional road.

Mr. Smith

It is.

Mr. Yates

I hope that if it were private sector funded it could go ahead. I withdraw the amendment on that basis although great powers are being introduced. As I understand it, any by-road can now be toll charged.

Mr. Smith

The same applies under the 1979 Act. It is up to the local authority to make the decision. That is not a new power. I am trying to persuade the Deputy that his fears are unfounded. The Minister for the Environment will not agree to the National Roads Authority tolling a road if he feels it would be a mistake to do so.

Amendment, by leave, withdrawn.

Amendments Nos. 148a and 148b not moved.

Mr. Yates

I move amendment No. 149:

In page 47, subsection (7), line 28, to delete "consult with" and substitute "obtain the approval of".

Section 55 (7) states that the Authority shall consult with the appropriate road authority before making a toll scheme. A similar point was made by Deputy Gilmore in so far as approval of the local authority would be required. Was this amendment grouped earlier?

Mr. Smith

No.

Mr. Yates

Is there any reason for that?

Mr. Smith

It has not been grouped.

Mr. Yates

I take it there is no good reason. I have no objection to that wording and I will withdraw the amendment, but I think local authorities should have that right.

Amendment, by leave, withdrawn.

Mr. Smith

I move amendment No. 150:

In page 47, subsection (7), line 29, before "before" to insert "under section 13".

The purpose of this amendment is to clarify what constitutes a road authority under subsection (7). This subsection requires the National Roads Authority to consult with relevant road authorities before making a toll scheme for a national road. Confusion could arise in the Bill as currently drafted since the National Roads Authority are a road authority for the purposes of Parts IV and V. Consequently the subsection as drafted could be interpreted as imposing a condition on the National Roads Authority that they consult with themselves. The amendment now proposed has the effect of specifying a road authority as being the county council or the county borough corporation assigned responsibility for the national road which is the subject of a tolling proposal.

Amendment agreed to.

Question, "That section 55, as amended, stand part of the Bill", put and declared carried.

(Deputies Boylan, Timmins and Yates dissenting.)