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

This refers to section 21 of the Bill and the role of the clamping appeals officer in relation to hearing appeals. It deletes lines 10 to 15, inclusive, in page 18 and substitutes two new subsections (5) and (6). The first of these concerns the parking controller. Subsection (6) is a key subsection. It refers back to the concept of symmetry that was introduced by Senator Barrett on Committee Stage. He made the point that if somebody who is being clamped should have the ability to allow unreasonable or undue costs to be considered in relation to the charge that is levied upon him or her, then surely the clamping operator should also have the ability to guard against frivolous or vexatious appeals.

This is particularly relevant in the context wherein an appellant wins an appeal, in which case the Bill provides that the appellant's costs in bringing the appeal must be refunded by the parking controller to the extent determined by the appeals officer. However, as Senator Barrett has pointed out, there is no corresponding provision to allow the parking controller to recover some of his or her costs if it turns out the appeal was vexatious in nature. These amendments seek to create a more level playing field in this area. I believe that the impartiality and judgment of the independent clamping appeals officer will be brought to bear on the issue of costs. This Bill does not bias the officer one way or the other, but it does seek to deal with the issue of vexatious costs being generated by somebody who has been clamped. This amendment creates the ability for that to be recognised.