I see no reason a power to impound should not apply to the offence of driving without motor tax. Since 1983 it has been the practice of the Garda to remove and detain vehicles on the spot whose drivers have committed parking offences and more minor traffic offences. Under the Road Traffic Removal, Storage and Disposal of Vehicles Regulations about 7,000 cars are impounded each year for parking on freeways.
In 1991 the national level of motor tax evasion was estimated at between 10 and 13 per cent and the annual loss in motor tax revenue is about £20 million. That is approximately the figure and it would make an extraordinary difference to what we do with our county roads system in the year. Approximately £17 million is paid out through the Insurance Bureau arising from accidents which involved non-insured drivers. There are extraordinary amounts of money involved in this general area and the law abiding motorist should not have to subsidise the evader.
The proposed new powers for the Garda will not be exercised solely because a valid tax disc is not displayed. When exercising their powers, gardaí will be required to be satisfied that the vehicle is not taxed and in so doing will consult the national vehicle file to which they have direct access on a 24-hour basis. At the moment the Garda can prosecute if the tax disc has expired with a day or two. In enforcing the existing law in relation to road tax, including display of a tax disc, the Garda use discretion. People are not prosecuted unless road tax has expired for at least one month. The same discretion will apply to impounding. No one will have a vehicle impounded if the tax is only a couple of weeks out of date.
When I first considered this provision I was of the same mind as Deputy Doyle in relation to insurance and I have no problem about impounding in that regard. I have no problem about impounding when it comes to the tax on cars where a driver is obviously under age and without a licence, whether it is joyriding or whatever. I would be prepared to accept an amendment in relation to the tax, provided Deputy Doyle specified a time. As she is aware, in relation to the taxing of cars the Garda authorities already have reasonable discretion, but are we going to accept that where somebody repeatedly drives his car which is untaxed we would regard that as acceptable? I do not think that is what the Deputy wants.
Between now and Report Stage, the Deputy may bring forward an amendment which will take account of the type of situation I mentioned — the blatant ignoring of the normal requirements in this area. I am prepared to go as far as I can in accepting the democratic wishes of the House as long as full account is taken of that. I have to emphasise that there is in the region of £20 million lost to the State. This is vital money for the community in terms of the management of roads, the maintenance of county roads, etc., and one is expecting the law abiding citizen to carry the evader.
It is not envisaged that non-display of tax on a once off basis is the area for immediate impounding but rather consistent and blatant offences — car tax on its own, insurance on is own, a combination of both or joyriders. In that regard I do not think we should stand back from taking the measures proposed here.