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The oral hearing into the Draft Toll Scheme for the
Waterford Bypass effectively collapsed at the end of its first
day - Monday September 10th 2001. The NRA appointed Inspector to the
hearing was Mr. Kevin O'Sullivan. At the outset he described
the procedure that would apply. A stenographer was present but
the Inspector made clear that the transcripts were for his use only
and would not be available to other parties. Witnesses
for the applicant - the NRA - delivered their evidence during the
morning. Some objectors delivered their submissions also during the
late morning by which time it had been agreed that legal submissions
would be made by council for some of the objectors. These
submissions were made by legal representatives for the residents and
affected landowners, including Mr. Michael O'Donnell B.L. At
the conclusion of submissions, the Inspector promptly adjourned the
hearing indefinitely so as to obtain legal opinion. These
legal submissions were made during the afternoon. They are
summarised in non legal terms as follows.
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The NRA is in violation of the principle that
"thou shalt not be a judge in one's own court" since
the Inspector is appointed by the NRA, the applicant for
the toll scheme is the NRA and although the Inspector makes a
report at the end of the hearing, the NRA is not obliged to
accept this report and can make any decision it so wishes.
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The proposal laid before the oral hearing by the
applicant, the NRA, is incomplete. It does not contain the
completed designs for the toll scheme, for example the tolling
plaza.
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The precise terms of the contract with the
concessionaire are not laid before the hearing. This is
essential because of the serious impact of the proposed toll
scheme on affected people's lives. It is proposed to CPO land
and hand it over to a private company who will construct and
maintain a road including a toll plaza for 30 years, collect
tolls from road users during this time and in addition receive a
large government subsidy.
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Local roads are incorporated in the toll scheme.
This is outside the NRA powers since the tolling of local roads
is a reserved function for with a vote of local authority
elected representatives is necessary.
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A hierarchy of events is necessary to produce a
tolled motorway. In this case these events include a bridge
enquiry, an oral hearing into the Environmental Impact Statement
(EIS) and the toll enquiry. To date, the bridge enquiry has been
held but deemed null and void since the evidence of at least one
objector was not considered, the oral hearing into the EIS was
adjourned in August until November 2001 and the material before
the toll enquiry is incomplete. Thus to proceed with the enquiry
would be, in the words of Mr. O'Donnell B.L., "chaotic to
the point of absurdity."
Monday September 10th 2001
©Campaign for Sensible Transport (CaST)
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