(Cavan-Monaghan): It is understandable that it is not possible to deal with Committee Stage of a Bill in one session without a break but it is unfortunate that we have to have so many bites at Committee Stage of this Bill. We have discussed it for short periods over a long time with the result that it is difficult to deal with it in a coherent manner. It takes a lot more time than if we were dealing with it in a couple of long sessions. We have had a long debate on my amendment to this section. That amendment provided that any agreement must include a clause which would provide for a termination of a tolls agreement. The Minister and I differed over the interpretation of subsection (2). He was of the opinion that the subsection made it obligatory on a roads authority to insist on inserting in any such agreement a clause providing for the termination of the agreement with the other party. I held the view, and still do, that the subsection only enables a roads authority to insert in the agreement a clause providing for its termination but does not oblige the insertion of such a clause. The Minister, after a lengthy debate, agreed to have another look at the matter between now and Report Stage and it was on that basis that I withdrew my amendment.
I have expressed the view that it was a pity that the Minister did not avail of the debate to tell the House all he knows about the proposals for toll roads and bridges throughout the country. It has emerged that the Minister, and the Department, have had inquiries in regard to Dublin, Cork, Waterford, Limerick and a Naas by-pass. I asked the Minister whether those inquiries were from the same people and whether all the situations mentioned, with the exception of the Naas by-pass, were in regard to bridges. I asked him whether the inquiry about the Naas by-pass was from the same source as the inquiries in regard to the cities mentioned and I would be obliged if the Minister would give the House that information. I mentioned that the locations seemed to be prime profitable ones which would not entail any possibility of a loss and pointed out that for that reason it was necessary that the agreements provide very definite terms for the termination of the tolls agreement.
It appears that section 9 (1) enables a road authority to enter into agreement with another person for rather minimal services in some cases. Such an agreement may be entered into by the road authority with another person if the other person agrees to pay some or all of the cost of the provision of the road. That is understandable but I hope it would be read as meaning that the other person would pay a substantial portion of the cost of the provision of the road. Paragraph (b) enables such an agreement to be entered into provided the other person pays some or all the cost of the maintenance and improvement of the road. That is a lesser obligation on the other person. Paragraph (c) enables such an agreement to be entered into if the other person is prepared:
to provide or join or assist in the provision of the road for or with the authority.
I am not too clear what that is. Paragraph (d) states:
to maintain and improve or join or assist in the maintenance and improvement of the road for or with the authority.
That is even a lesser service which is being asked from the third party. Paragraph (e) enables an agreement to be entered into with another person for a very minimal return. The road authority may enter into an agreement with a third person by virtue of paragraph (e) of subsection (1) of this section if the other person is prepared to operate and manage the road for or with the authority, including the provision, supervision and operation of a system of tolls in respect of the use of the road. That means that the road authority may enter into an agreement with a third party if the third party does nothing more than operate a toll checkpoint and collect tolls. That is going too far. If the road authority build the bridge or the road they should go the whole hog and collect the tolls. It is proposed here to enable the local authority to enter into an agreement with a third party to do nothing more than collect the tolls.
Paragraph (f) is an omnibus provision which enables the road authority to enter into an agreement with another person provided that other person does such other things connected with, incidental to, ancillary to or consequential upon the foregoing as may be specified in the agreement. That omnibus paragraph covers anything that has been left out. It is hard to imagine what it would be because paragraphs (a) to (e), inclusive, are fairly comprehensive.
