Mr. Neil McDonnell:

In answer to the perception that there is a different message on either side of the Border, the Road Haulage Association in the UK and the Freight Transport Association went to the UK Minister for Transport and asked for a good deal for their hauliers and they got it. That is exactly what we are doing here. We represent our members in the Republic and we want the best deal that is going. If that means we do not have to pay any road user levy North of the Border that is great, and we wish the committee every success in achieving that. However, I caution that we know there is not a political consensus north of the Border and coming back to us with a glorious failure is not an option in our view, especially when the Irish taxpayer will be paying £50 million. I ask the committee to consider, if the tables were turned, what would they be saying in London about being asked to pay a levy on a stretch of road which they have paid for. We are in exactly the same position as the Road Haulage Association in the UK, which asked for a good deal for its hauliers. We are doing the very same here; it is as simple as that.

The Deputy asked me about the fine detail of the Labour Court ruling. I will send the determinations by e-mail and I caution that they are written in very dense legalese and are very tricky. The reason we raised a red flag on the issue is because Labour Court divisions have different chairmen and members but have used the same formulation in words. The tachograph records have no probative value in establishing compliance with the Act. For two entirely independent divisions of the Labour Court to have the same wording in determinations against different companies, frankly, I find it a little strange. Perhaps it is pure coincidence. When it is also the case that people in the Department of Transport, Tourism and Sport are saying that these people have got it wrong legally, it is of real concern to our members.