Martin Ferris (Kerry North, Sinn Fein)

I move amendment No. 9:

In page 7, lines 5 and 6, to delete all words from and including "or" in line 5 down to and including "both" in line 6.

The amendment refers to subsection (11) which reads: "A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both". This applies to a person failing to pay a toll tax such as a worker on his or her way to work in the morning who may have to pay a fine of €5,000 or serve six months in prison. This is very harsh, particularly as the person is paying what is an additional tax.

The earlier subsection (5)(b) reads: "In any proceedings for the recovery of a toll it shall be presumed, until the contrary is shown, that the defendant received the notice under this paragraph to which the proceedings relate and that payment of the toll has not been made". Therefore, the onus of proof is on the defendant, which goes against natural justice in that the onus of proof should always be on the State or the authorities pursuing the matter. The Minister should reconsider this draconian and excessive measure.

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