Michael Noonan (Limerick East, Fine Gael)
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Question 55: To ask the Minister for Transport, in relation to the recent announcement that the new Kilcock-Kinnegad motorway will lift its toll barriers if there is a build-up of five or more cars, his views on whether this new arrangement should be extended to the East and West Link toll bridges; and if he will make a statement on the matter. [36022/05]

Martin Cullen (Waterford, Fianna Fail)
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The statutory power to levy tolls on national roads, to make toll by-laws and to enter into toll agreements with private investors in respect of national roads is vested in the National Roads Authority, NRA, under Part V of the Roads Act 1993, as amended by the Planning and Development Act 2000.

I am informed by the NRA that a strict performance regime is provided for in current PPP contracts — for example, the M1 and M4/M6 Kilcock-Kinnegad — to ensure compliance with requirements, including level of service provisions. Defaults in performance by the PPP company lead to the imposition of a financial penalty together with the award of points under a penalty points system which may trigger increased levels of monitoring at the PPP company's cost and ultimately contract termination. These provisions incentivise the PPP company to maintain high service levels but the agreement does not require the lifting of barriers if queues arise.

As regards the West-Link toll bridge, the service obligations contained in this agreement, which date back to the 1980s, are not as developed or as comprehensive as those contained in current PPP contracts. In the context of the overall upgrade of the M50, the NRA is currently engaged in negotiations with NTR on the upgrade of that section of the M50 operated by NTR, including a move to open road tolling at Westlink. Issues relating to the operation of the East Link bridge are matters for Dublin City Council and NTR.