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

This is a very interesting amendment which was considered carefully by me and my officials because it goes to the heart of an important point regarding road safety legislation. The Senator is focusing on section 16(4) which states that if a vehicle is stolen, the person who owns the vehicle is not subject to the clamping fee if he or she can state that their vehicle was stolen. As currently drafted, this section does not require the person to notify the Garda that their vehicle has been stolen because this is consistent with the way we handle an issue such as this one across the body of our road safety legislation. Having consulted with the Attorney General, I am advised that if we were to raise the onus of proof regarding this issue in the Bill, it would raise questions as to how we handle this issue in other road safety legislation. I cannot accept the Senator's amendment, although I understand the reasoning behind it, because of the consequences of this change in this Bill for the remaining body of road safety legislation.

It would raise questions regarding why that threshold was not adjusted elsewhere. It is for that reason that I cannot accept the amendment the Senator has proposed. As I have said, it points to an important theme in our road safety legislation. Those of us who have had our cars clamped know that it is a difficult experience for an individual to go through. If a person's car is stolen, and the stolen car is then clamped, it is a double misfortune for him or her. This Bill recognises that by making provision in cases in which people can prove the car was stolen. Proof of notification of the Garda, which most people would be required to do anyway, will be adequate under this Bill. I am not requiring such notification to take place because I want to be consistent about how we handle issues like this across all our road safety legislation.