Oireachtas Joint and Select Committees

Wednesday, 30 November 2016

Select Committee on Transport, Tourism and Sport

Road Traffic Bill 2016 (Seanad): Committee Stage

9:30 am

Photo of Shane RossShane Ross (Dublin Rathdown, Independent) | Oireachtas source

That is the case. The NTA will do that. The changes proposed in amendment No. 39 are technical amendments to section 4 of the Vehicle Clamping Act 2015 and are designed to correct an error in the Act. The Act has implications for the regulation of clamping activities wherever they are operated and, upon commencement, the NTA will assume the function of regulating clamping activities in relevant clamping places in accordance with the Act.

A number of Deputies have made inquiries about the Act's commencement in recent months. The NTA required a period of time to recruit a small number of additional staff and to put in place the necessary back-up support to ensure the reasonable operation of its new duties under the Act. That period is now complete and during final discussions with the Department in recent weeks regarding commencement of the Act, it was noticed that section 4(1)(b) required the NTA to publish in full a draft of any proposed regulations in a national newspaper as well as on its website. The requirement would result in possibly 20 or more pages of draft regulations being printed in a national newspaper, which would not only look very unusual but would also cost a considerable and totally unnecessary amount of money. Such a requirement on publication is not what is required in similar and analogous cases. My intention, therefore, is to amend the Act to bring this publication and consultation provision into line with those used elsewhere. The amendments will require the NTA to publish in full any draft regulations on its website and then publish a notice of the draft regulations in a national newspaper. This is in line with the requirements elsewhere in other similar legislative measures. During the consultation period the NTA will also be required to make available for inspection a copy of the draft regulations in its office as well as on its website. The NTA will still be required by other provisions in the original Act to consider any representations it receives in response to any such consultation.

These amendments will allow for the speedy commencement of the Act, which many people have called for. As amendment No. 39 amends the Vehicle Clamping Act 2015, it is necessary to amend the long Title to this Bill to reflect this. That is the substance of amendment No. 52, which also adds reference to the long Title to the agreement on mutual recognition of driving disqualifications between Ireland and the UK, which is dealt with in section 25 of the Bill.

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