Noel Dempsey (Meath West, Fianna Fail)

It may be all the things the Deputy suggests but it is there for a purpose, namely, to ensure people do not devise ways and means of getting away with the non-payment of tolls. The vast majority will pay their tolls and will do so if not willingly, then because they must. For a long time we in this country tolerated the many who did not obey the laws like the rest of us and who got away with tax and various other offences. Our level of tolerance for such behaviour has diminished greatly in society, which is positive. One of the ways of ensuring everybody pays his or her fair share when barrier-free tolling is introduced is to ensure those who do not pay will suffer a penalty. Section 4 establishes a charge, known as a default charge, that a motorist will incur for not paying a toll on time. The level of the charge will be set in toll by-laws which will be drawn up by the National Roads Authority following public consultation. It is not possible to state how much that charge will be as research has yet to be undertaken by the NRA. However, the practical application of the charge is likely to be similar to the current parking fines system.

A motorist will have a chance to pay the charge within a specified period from the date he or she receives the toll default notice. If he or she fails to pay within the allotted time, the charge will increase by a multiple of the original charge. If the charge is still unpaid after a further period of time, court proceedings may be initiated for recovery of the toll and related charges as a simple contract debt. Following summary conviction, this provision allows the court to impose a fine of up to €5,000. This is an upper limit and while such a fine may never be imposed, it is a normal figure to apply to such a conviction. The provision also allows for a term of imprisonment of up to six months. While that provision is included in the Bill, I doubt if it will be used often. It will only apply after a person has had three chances to settle what is a lawful debt. Criminal prosecution is very much a last resort. Every effort will be made to ensure people will have the chance to comply fully with the terms of the Bill and the vast majority will try to do so. However, it is necessary to have the stick of criminal prosecution to make it clear we are serious about enforcing the barrier-free tolling regime.

From recollection, the congestion charge in London was approximately stg£8 per day. If it was not paid within 24 hours, it increased to stg£24. While the system may have changed since I saw it in operation, at the time it operated in such a way that once a driver entered the congestion area, he or she used a mobile phone or telephone to register as having entered. If he or she did not do this within 24 hours, the charge automatically became stg£24.

The vast majority will pay the toll. Those who do not do so the first time will have a second and third chance. If they do not pay at that stage, I would not have huge sympathy for them.

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