Oireachtas Joint and Select Committees

Thursday, 19 February 2015

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport

Vehicle Clamping Bill 2014: Committee Stage

2:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent) | Oireachtas source

It is a pity it is not about parking policy because we lack an overall framework. If an overall clamping framework was in place, where one could look at whether the sanctions are appropriate that would be a better approach. We know already that clamping is outlawed in England, Scotland and Wales as a particular sanction. I had a briefing with the Department and understand part of the reason the issue is not as straightforward here is that we have a written Constitution which protects private property, but that private property section in the Constitution is also tampered by a related section that deals with the balance of rights for the common good. While it is a nuisance going to Connolly Hospital Blanchardstown as a visitor it is more than a nuisance if one is a patient queueing for an X-ray or other procedures and has to leave the queue to go out to feed a parking meter. I can supply the name and address of a person who was caught in this situation and who would be happy for me to pass it on. A constituent of mine, whose wife was in the hospital in question was so stressed when his car was clamped that he had a heart attack and ended up as a patient in the hospital. The stress endured by people due to this sanction is wrong. I contrast it with St. James's Hospital, where a barrier system is in operation for collecting revenue which deals with the issue of all day parking of vehicles, which can be an issue. At Beaumont Hospital, a private company has pay parking which generates huge income. If we are going to permit vehicle clamping, some ground rules should be set for those who are allowed to have businesses in that respect. Hospitals have plenty of mechanisms for income generation through parking without the use of clamping, which is particularly offensive at hospitals.

I heard what the Minister said about the Multi-Unit Developments Act. In suburban areas there are traditional housing estates where there is no duplex or apartment block that would have a management company. Some of them are being wound down in the context of taking estates in charge. Often people cannot afford to pay their mortgage and are struggling to pay all the other charges, such as property tax and the myriad expenses to keep a roof over their head. To find that this is a punitive method for collecting a management company fee, where a court would take a lesser view, is unfair. If a clamper is taking away cars from a clearway or cars that cause an obstruction I do not have a problem with it being used as a sanction. However, there are places where it should not be used as a sanction. That is the reason I tabled the amendments. I am disappointed the Minister is saying he cannot accept them. There is no other available opportunity to address this issue.

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