Dáil debates

Thursday, 25 November 2010

4:00 pm

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)

The reason I have submitted this question is that, although the legal provision may not have changed in respect of the application of motor tax to particular vehicles, there is no consistency of application. There is genuine confusion among local authorities and citizens about the application of this provision arising from a circular sent in August. There have been some changes to the documentation. One is now required to provide more information on tax and VAT changes. The primary purpose of the vehicles in question is the carriage of goods. However, some local authorities are still seeking to interpret the provisions of the circular in a way that one cannot bring one's children to school or collect materials from the local shop without having gardaí, who may wish to employ a strict interpretation of the law, stating the vehicle should be taxed differently under the motor tax code. I ask the Minister to understand there is genuine confusion and revisit the circular in order to provide clarity. It is not good enough to say gardaí should overlook this aspect and be pragmatic. In terms of application, this is either the law or it is not. Does the Minister accept there is confusion? Will he agree that it is necessary to reissue the circular in order to provide clarity for local authorities in order that the current farcical situation will not continue where there are different interpretations of the same circular from one local authority to another?

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