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

The proposed new section is on the operation of fixed payment notices. As Senators will be aware, the Bill provides that the National Transport Authority, NTA, may bring proceedings and prosecute summarily for offences committed under the Act. However, the only option in the Bill as drafted is for offences to be brought straight to the court system.

My proposed amendment will allow the NTA to operate a fixed payment notice system. As with the fixed charge processing system that operates under road traffic legislation, the NTA, where it believes an offence has been committed, will be able to serve a notice on an alleged offender for certain offences requesting the payment of €250 within 28 days. The offences involved are failing to comply with or contravening a provision of clamping regulations that is stated in the regulations to be a penal provision; failure by a parking controller to provide signage in accordance with section 10(1), other than in paragraph (c); and failing to comply with a requirement of a member of An Garda Síochána relating to the moving of a clamping vehicle that is endangering the safety of or impeding other road users. If the €250 is not paid within a 28 day period, the person has a further 28 days in which to pay an increased amount. If the payment is not made within 56 days, then court proceedings will commence.

The main benefit of this amendment will be a saving in court time and a reduction in inconvenience for the NTA officers and the alleged offenders. A person who receives a fixed payment notice will not be obliged to make the requested payment. As always under the State's laws, the person will be entitled to defend his or her position in court.

The rationale for the amendment is contained in the last few words I used. We all know how precious the court's time is and the costs incurred by individuals or, sometimes, the taxpayer in going to court. By introducing this new section, the amendment seeks to find a way of keeping clamping activity out of the court system and dealing with it more effectively and directly by the NTA while not undermining in any way the ability of an individual to go to court if he or she believes his or her rights have been infringed in any manner.