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

Senator Barrett’s description of the operation of this Bill is correct. His amendments refer to the clamp release and relocation charges would be in non-statutory areas. If he went on to say in those areas where the NTA does not exercise its power to put in place a fee a foundation of this Bill is that it would lead to the introduction of default charges. In the absence of the NTA putting in place a charging structure the Bill would provide that structure in non-statutory areas.

We are not seeking to create a one-size-fits-all approach. I expect that the NTA would avail of the power this Bill grants it and use that power to put in place a charging regime that would reflect the fact that clamping is taking place in a non-statutory area and deal with issues such as timing and where the vehicle is clamped. However, the Senator’s amendments make two points that are worthy of further consideration. The first is whether €100 is adequate and the second is the notion of timing. I differ from Senator O’Neill in one regard because Senator Barrett has mentioned symmetry and the need to recognise the fact that there are certain kinds of things for which someone who is clamped incurs a higher cost. Similarly, there is a certain kind of clamping that costs more. Senator Barrett is asking how we can ensure that the higher cost for a person who is clamped is recognised but also if a clamper incurs a higher level of cost that should be recognised too. The amendment makes an important point. While I cannot accept the amendment as drafted I will consider these points for Report Stage and see if the amendments could be amended to reflect some of Senator Barrett’s thinking.

In response to Senator O’Neill’s point about a charter of rights, I propose and expect that the power I am granting the NTA as a result of the Bill would mean it would then have the power to address the kind of issues to which he has referred.

Those issues could include the rights of the person who has been clamped or having a consistent level of procedure in place regarding the movement of vehicles which would provide clarity for everyone on what should or should not be done. There are many matters that could be addressed by the NTA but if I were include this proposal in the Bill, I would do two things. First, I would end up undermining the ability I want to give the NTA to act in terms of its powers. Second, I, as Minister, would be unnecessarily prescriptive in saying these are the issues that should be considered. If we are giving the NTA these powers, we should allow it the space to say these are the issues that should be examined, allow members of the public to have say and then let the NTA make a decision on it. I genuinely believe that is the best way the issues, to which the Senator referred which are consumer-oriented and relate to people's rights in such a situation, can be dealt with by the NTA in terms of the powers conferred on it by the Bill.