Paschal Mooney (Fianna Fail) | Oireachtas source

I thank the Cathaoirleach for placing this motion on the Commencement debate. I welcome the Minister of State. I hope events have moved on since I tabled this motion, which was to be taken last week. Due to pressure on the Cathaoirleach, it was deferred until today. I hope this extra time means the clarification required has already been given.

Since the ruling by the Court of Appeal on 21 October in the case of the DPP v. Perennial Freight Limited, Freight Transport Association Ireland, FTA Ireland, has been active in this regard. It has been in receipt of multiple queries by telephone and e-mail on whether articulated tractor units should now be weighed separately for the purpose of calculating motor tax. Despite the fact FTA Ireland has contacted the Department of Transport, Tourism and Sport, the Department of Finance, the Department of the Environment, Community and Local Government and the Revenue Commissioners it has received no clarification. I understand that at the beginning of this month there was some further clarification on the amount the owners of articulated tractors will have to pay, and the rate for articulated vehicles is now €333, which is the rate for non-agricultural tractors.

I have a number of questions on this, which are combined, and I hope the Minister of State will address them in her response.Is the €333 an annual rate for articulated vehicles from now on? Will the Minister of State confirm this sum is the rate applicable for vehicles whose tax is to be renewed in November and December before the tax reductions announced in the budget kick in? This is important. Does it apply for November and December? Will the Minister of State confirm this to the local tax offices? I understand they are being forced to handle calls from confused hauliers nationwide. I have heard a few of these responses and there is most definitely confusion in the local authority offices. Different answers have been given to queries raised by hauliers. When will the Minister reflect the announcement in law? Will it be done in a statutory instrument or amending legislation? As a result of the successful case taken, will the Minister of State confirm that the several thousand prosecutions outstanding against hauliers for under-taxation of articulated units will now be dropped by the DPP? Will the Department refund the motor tax unlawfully overcharged on hauliers due to this misreading of the legislation by the local authorities and An Garda Síochána?

The conclusion of Mr. Justice Peart is summarised in paragraph 42 on page 28 of his judgment. He stated that the practice which had seen hauliers such as the appellant bring a trailer to be weighed in association with the tractor for the purpose of being licensed for the coming period had in his view no statutory basis. That was the reason the case was won by the freight company. That more or less sums up what I am attempting to find out and what Freight Transport Association Ireland members are attempting to find out. I will be grateful for the Minister of State's response.