Catherine Murphy (Kildare North, Independent) | Oireachtas source

I move amendment No. 1:

In page 11, between lines 5 and 6, to insert the following:"(6) The NTA shall make regulations prohibiting clamping activities in the following locations:

(a) a designated parking place for visitors and patients at Health Service Executive funded hospitals and voluntary public hospitals;

(b) a designated parking place within a residential development with the exception of cases where clamping activity is required to facilitate the free flow of vehicular traffic.

(7) (a) For the purposes of this section, "parking place" has the same meaning specified in the Act of 1961.

(b) For the purposes of this section, "residential development" means any development on land containing two or more residential dwelling places or two or more buildings intended to be used as dwelling places.".

I flagged this amendment during the Second Stage debate. I do not think I was the only Deputy to do so. A related amendment is also being proposed. I am trying to draw attention to where problems might arise. This will probably be the only opportunity we will get within the lifetime of this Government to deal with these issues. The first part of this amendment relates to the use of clamping as a method of enforcement in hospitals. I have specified "Health Service Executive funded hospitals and voluntary public hospitals", as opposed to private hospitals, in the amendment. I would not have a problem with it being extended to private hospitals if the Minister were willing to accept such a proposal. It is an inappropriate type of sanction that can cause great distress.

The second part of the amendment relates to parking in a public place that is in a housing estate, within the meaning of the term under the Road Traffic Act 1961. This is an attempt to deal with a practice that started to emerge some time ago and is fairly well established at this stage, whereby the clamping of cars is used as a sanction if there is an issue with the collection of a management company charge. If a person does not have the badge that is issued by a management company because the management company fee has not been paid, his or her car will be clamped. This can also happen to visitors who would not have a badge. Essentially, this is causing serious problems. Other remedies that are not related to road traffic issues should be found to enable the non-payment of a debt to be pursued. If clamping is a mechanism to make sure traffic flows freely, it is brought into disrepute by being used inappropriately. This is the kind of thing that emerges at the Joint Committee on Environment, Culture and the Gaeltacht, of which I am a member. There is a kind of crossover between the two committees. This is the only opportunity we have to do something about it. I hope the Minister will be able to take these amendments on board.