Seanad debates

Wednesday, 15 October 2014

Vehicle Clamping Bill 2014: Committee Stage

 

12:20 pm

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

Senator Barrett has made a good point, and I will come back on Report Stage with an amendment to reflect it. Section 16(1) of the Bill refers to the release period. It states, "as soon as reasonably practicable", but there is a provision in subsection (2) regarding the release time for a vehicle that has been relocated. Senator Barrett has identified an omission in the Bill. In describing the role of the NTA earlier, I stated that it will have the power to propose charges and examine issues such as release fees and, in the absence of that, a default level would be applicable. What Senator Barrett is proposing is that a similar default time would kick in in the way a default cost would apply if the NTA did not use that power. It is a good point. There is a need for us to be consistent in that if we are saying there should be a default setting for cost, there should also be a default setting for release time of a clamped vehicle, particularly as I recognise that point elsewhere in the Bill in reference to vehicles that have been relocated. I will come back on Report Stage with an amendment phrased in a way that reflects the input of the Parliamentary Counsel. It will be applicable to subsections (1) and (2) of section 16 on which the Senator is focusing. I thank him for bringing this issue to my attention.

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