Dáil debates

Thursday, 22 January 2015

Vehicle Clamping Bill 2014 [Seanad]: Second Stage

 

2:10 pm

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael) | Oireachtas source

I would like to thank the previous Minister, Deputy Varadkar, for presenting the discussion document on this Bill to the then Joint Committee on the Environment, Transport, Culture and the Gaeltacht in 2011. This good legislation demonstrates good politics and I thank all the stakeholders who made submissions on this important Bill.

I am from County Roscommon, a county where we have no parking fees or traffic wardens, but where we face the issue of competing rights versus responsibilities. We tend to take a Mediterranean or laissez faireattitude to using a motor vehicle. Seat belts were introduced to save lives and drink driving rules were introduced years ago. Most people decided they would not drink and drive, not because that might cause the death of somebody else or themselves, but because if they were caught they might lose their licence or their insurance would increase. The introduction of penalty points had a similar effect on people's attitudes and stopped people speeding. I am one of those people whose mind was focused on safer driving following the introduction of the point system.

Driving a vehicle carries with it rights and responsibilities. Years ago, the main road to Dublin passed through every town and it was not uncommon to find traffic stopped because somebody parked a lorry, van or tractor on the main street. The attitude then was that the driver did so because he was busy, but thankfully we now have rules and regulations in place. This was certainly necessary.

Clamping is an issue, particularly unfair clamping in hospital car parks. It is good that we will now have a system in place to deal with this issue. If people feel they have been unfairly clamped, they can appeal first to the authority and if dissatisfied with the response can go to the NTA to state their case. I believe that "parking controllers", as they are called, have not always displayed signage regarding clamping prominently and people who have inadvertently parked wrongly have felt unfairly treated. I am very careful about parking and, fortunately, I have never knowingly parked in a disability space or the like.

In the past it has happened that people have been fined wrongly, and not just for illegal parking. Fianna Fáil was fined once after a presidential election for posters that had not been taken down within the time limit. Sometimes people remove posters and then replace them a week later. They then telephone the local authority complaining how awful it is that the poster is still up. This happened after the presidential election. Two signs were taken down and later erected again. Despite the fact there were hundreds of illegal signs regarding a certain hospital protest erected, Fine Gael was fined €150 because two signs from the presidential election were not removed. I agree a fine should be imposed for leaving posters up, but treatment should be equal across the board. I am always fearful of such situations arising and of people posting pictures on Facebook. Sometimes a restricted parking sign might be covered up, yet a photograph is taken of an uncaring Deputy parking in the area. We need a system in place that allows people make an appeal in cases of unfairness.

It is good to see the provision of a separate complaints procedure to the NTA. A function of the NTA will be to regulate clamping activities, which is what people want. They want citizens to work together in regard to their rights and responsibilities. Some people take advantages of certain situations, but this Bill closes that loophole. I thank the Minister and the committee for working closely together to achieve what I believe is a good Bill.

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