Noel Dempsey (Meath West, Fianna Fail)

As the Deputy notes, the amendment would remove the words "in the State" from the provision. However, this is an important technical provision in the Bill. I am told it was subject to considerable research and consultation by the office of the Parliamentary Counsel to ensure the wording was precisely in line with the terminology used in a range of other finance, customs and road traffic legislation.

The intention of the provision is straightforward, namely, to ensure that where a vehicle is not registered in the State, it is the person who has possession of the vehicle who will be liable to pay the toll. I understand this was a very complex provision to draft and I am advised that the preservation of consistency with other legislation covering the issue of legal ownership and responsibility for vehicles is essential if the provision is to achieve its objective. In those circumstances and in the light of the very strong legal advice we received in drafting the Bill, I am unable to accept the amendment.

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