Dan Neville (Limerick West, Fine Gael)
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Question 9: To ask the Minister for Transport if his Department has been involved in the negotiations in relation to the proposed buy-out of the M50 toll bridge; when this process will be completed; the alternative arrangements which will be put in place [35821/06]

Martin Cullen (Waterford, Fianna Fail)
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At the outset, I should explain that overall responsibility for the planning, design and implementation of national road improvement projects, including the M50, is a matter for the National Roads Authority (NRA) and the local authorities concerned. I have no function in relation to the day-to-day operation of these projects.

In addition, the statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads, including the M50, 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).

As the Deputy is aware, last January, the National Roads Authority (NRA) decided to terminate discussions with National Toll Roads plc (NTR) in relation to the upgrading of the West-Link toll facility. Instead, the NRA is separately procuring a barrier free toll system which will become operational with one tolling point in 2008. NTR will be compensated in accordance with the existing West-Link Agreement.

The exact details of the arrangements, including compensation, remain to be finalised between NRA and NTR and as these discussions are ongoing at present, I would not wish to pre-empt their outcome.

With regard to barrier free tolling, I should explain that automated toll collection is currently available on existing toll plazas and will be used on all future toll schemes. It is not, however, operated on a barrier free basis as toll operators consider that the enforcement powers available to deal with non-payment are not robust enough.

While existing legislation is adequate to facilitate the introduction of barrier free tolling, it is not considered to provide a sufficient deterrent or penalty to cater for toll violations in a barrier free environment. Currently, the physical restraint of the barrier is the main enforcement tool.

For this reason, I sought and received Government approval on 17 October for the drafting of legislation which, inter alia, will strengthen the enforcement regime through implementation of appropriate deterrents for non-payment of tolls. I hope to bring the Bill before the Oireachtas by the end of this year.

Automated toll collection in a barrier free tolling environment can deliver an improved level of service by increasing the throughput capability of a toll plaza and reducing queues.

Specifically in relation to the M50, the NRA has engaged consultants to advise on the barrier free technology and intend to submit proposals for the barrier free toll arrangement for Government approval in due course.