Noel Dempsey (Meath West, Fianna Fail)

Having considered further the provisions of sections 3 and 5 of the Bill, I have decided to propose to amend the Bill to create the new subsections (3) and (4) to section 3. That is what this amendment is about. The proposed subsection 3(3) provides that in proceedings regarding a failure to make an accurate written declaration of all goods required to be declared, it shall be a good defence to show that the traveller had reasonable grounds for believing the declaration was duly made in accordance with the provisions of paragraph 3(1)(b). This is to make provision for persons making an honest mistake in filling out the declaration. It is a further protection for the individual. The proposed subsection 3(4) would qualify the provisions of subsection 3(2), which creates an offence in respect of the making of an inaccurate written declaration. The proposal is that in situations where the traveller would otherwise be subject to the administrative penalty on post-clearance where the traveller agrees to pay the sum requested as a precondition of the grant of preclearance, as in subsection (5)(a), proceedings would not be entered into against that traveller. The purpose of the amendment is to ensure the traveller is not penalised twice for the same action. Both of those provisions are added protections for the traveller.