Oireachtas Joint and Select Committees

Thursday, 19 February 2015

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport

Vehicle Clamping Bill 2014: Committee Stage

2:00 pm

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 6:

In page 22, to delete lines 29 to 40, and in page 23, to delete lines 1 to 4 and substitute the following:
“(e) a prosecution in respect of the alleged offence will not be instituted during the periods specified in the notice under paragraphs (b) and (c) and, if a payment specified in the notice is made during the appropriate period so specified in relation to the payment, accompanied by the notice, duly completed, no prosecution in respect of the alleged offence will be instituted.
(2) Where notice is given under subsection (1)—
(a) the person to whom the notice applies may, during the period specified in the notice, make to the NTA at the address specified in the notice a payment specified in the notice accompanied by the notice, duly completed, at the appropriate time so specified in relation to the payment,

(b) the NTA may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it,

(c) a prosecution in respect of the alleged offence to which the notice relates will not be instituted during the periods specified in the notice under paragraphs (b) and (c) of subsection (1) and, if a payment so specified is made during the appropriate period so specified in relation to the payment, accompanied by the notice, duly completed, no prosecution in respect of the alleged offence will be instituted.”.

This is a technical amendment made on the advice of the Parliamentary Counsel. It brings the wording of the section into line with existing fixed payment notice provisions in road traffic legislation. The intent and meaning of these provisions have not changed in any fundamental way. The Parliamentary Counsel has merely improved the wording of sections 30(1)(e) and 30(2). I would be happy to go through each of the technical adjustments made by the Parliamentary Counsel if Deputies so wish, but they are simply variations on the following: replacing the word "the" with "a" or substituting the word "completed" for "made".

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