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

SECTION 56.

Mr. Yates

I move amendment No. 151:

In page 47, subsection (1) (a), line 31, after "it" to insert "but the Minister shall not approve the scheme until the terms of the scheme have been approved by Dáil Éireann".

This point relating to the Minister's approval has come up before. This is another safeguard that I am trying to put in place. The Minister cannot cater for what future Governments, Ministers for Finance or the Department may decide. All we are dealing with is the legal provision which is that the Minister can approve all toll schemes. It is possible that in the future the National Roads Authority would tell the Minister that they have this great idea of raising more revenue to finance extra road construction programmes. I do not think this is far-fetched and time will prove me right, but that is beyond our scope today.

In amendment No. 151 I am requesting that the Dáil would have to give its approval. If, as the Minister says, there will be only a few toll roads here — there are two at present — it will be no big deal to lay a scheme before the Dáil for approval. As this is such a minor matter surely the Minister would be able to agree to the amendment.

Mr. Smith

The provisions of this Part of the Bill in relation to the approval of toll schemes are exactly the same as those in the 1979 Act. They allow for full public consultation. Objections and representations on the toll proposals can be made to the Minister of the day who must hold a public inquiry. The Minister is obliged to consider each case on its merits and he is answerable to the Oireachtas for his decisions. On non-national roads it would be up to the elected representatives of the local authority to decide whether or not to make a toll scheme which will then be sent to the Minister for approval. In my view there is no need to seek the further approval of Dáil Éireann in the matter.

There are a great number of decisions which Cabinet Ministers take every day. For instance, am I being made redundant between now and 7 October in the context of many decisions which in the normal way I will hopefully be in a position to take in the meantime? From purely an executive, businesslike approach, I am answerable for everything I do to the Oireachtas and to the people. In this context there is a consultative process, with all kinds of checks and balances. I know that the Gleeson Report on the increase in salary for Dáil Members is in abeyance but I anticipate it might be accepted at some stage and I am prepared to wager all the benefits in it with Deputy Yates that the problems he is anticipating will not arise.

Mr. Yates

I am not a wagering person. I take the point about the Dáil recess but schemes such as the Liffey tunnel would be planned over a couple of years, and I do not see problems arising there. However, I have major reservations about Part V of the Bill. Due to the lack of proper attention outside of this room to this Bill, I will leave the matter until Report Stage and will withdraw the amendment.

Amendment, by leave, withdrawn.

Question, "That section 56 stand part of the Bill", put and declared carried.

(Deputies Boylan, Kavanagh, Timmins and Yates dissenting.)

Section 57 agreed to.