James Bannon (Longford-Westmeath, Fine Gael) | Oireachtas source

I am pleased to contribute to this debate on the Vehicle Clamping Bill and to offer my thoughts on certain aspects of the legislation. I am sure that many of us have heard some of the horror stories outlined by Deputy Catherine Murphy about rogue clampers. We have all heard about cases where barely noticeable clamping signs are strategically positioned in car parks in order to attract the least amount of attention in a bid to catch unaware motorists. We have all heard various stories about clampers prowling around hospital car parks, looking to make a profit. These individuals had free rein and could do as they liked to vulnerable people visiting their loved ones. Many of these visitors were from country reasons and that is the reason I decided to contribute on the Bill.

I am particularly pleased with the first aspect of the Bill I would like to discuss. As the former Minister for Transport, Tourism and Sport said last summer when the Bill was first published, "The clamping Bill will protect motorists from rogue clampers. It will ensure that clamping activities are carried out in a fair and transparent manner". I welcomed this statement back in June 2014 and I do so again now. The Bill will protect members of the public from rogue clamping by introducing a level of consistency to clamping for the first time. More importantly, it will now regulate clamping on private property, be it a hospital car park, a shopping centre or a private apartment complex.

I do not favour an outright ban on clamping because it has proven very effective in eliminating unauthorised parking, for example, where someone parks in a disability parking space. What I am in favour of is introducing a specific set of laws to govern clamping on private property, to ensure that all clampers are obeying the same set of laws and rules and there are no discrepancies between clamping companies. By enacting this legislation, we are for the first time regulating the entire industry, regardless of whether it is concerned with public or private property. This is significant for the public as it provides certainty and consistency. It is also significant for the legitimate clamping operators who have always obeyed the law.

In regard to signage, I am pleased that the Bill obliges landowners or persons responsible for areas in which clamping is operated to provide prominent signs indicating that clamping is in operation. They are also obliged to provide information on the clamp release fee and whether any relocation charges will apply. This is a good example of how the legislation acts to regulate the clamping industry. I understand the National Transport Authority will regulate for where this signage is located, the information to be provided, dimensions, design and so forth. The only suggestion I would make to the National Transport Authority is that it should ensure this signage and its location are as visible and as clear as possible. I am sure that will be done.

I mentioned at the beginning of my contribution that there are far too many examples of private car parks with little or no signage visible to alert people to clamping in a bid to catch them out and make a profit. I welcome any moves to rectify this problem. I also welcome the simplicity of the appeals system. I believe the two-tier system concept is important. For the first stage, the person must make his or her appeal to the body responsible for enforcing parking in a particular area. The fact that this appeal is free is important, as it creates a certain degree of fairness in the appeals process.

If they are unsatisfied with the result of this first appeal, they are then allowed to proceed to the second stage, where an independent clamping appeals officer designated by the NTA will examine the case. There will be a fee for lodging a second stage appeal and this fee is to be decided upon by the authority. I would like more clarity on this provision. I ask that the NTA considers a reasonable fee for any second stage appeal. An individual may well have incurred an expense of between €100 and €150 by being clamped and having to pay a relocation fee and, therefore, I would not like greater expense placed on an individual if appealing the case.

I refer to a transport issue that is not related to the legislation but that I would like addressed, which is the provision of sensible speed limits of greater than 50 km/h on national primary routes on the outskirts of villages, for example, Rathowen and Ballinalack on the N4. The Minister has received a great deal of grief from me regarding the legislation that came into effect on 8 December last, which introduced changes to the penalty point system, particularly in respect of the National Car Test. No appointment dates are available in counties Longford and Westmeath until March, April and May and this is causing untold hardship and annoyance. I would appreciate it is this issue could be addressed as soon as possible. I have received a significant number of e-mails from people following the introduction of the new regulations regarding the National Car Test service. Not alone have I received e-mails from those affected but I have also received e-mails from sons and daughters pleading on behalf of elderly parents who are fearful that they may be put off the road. The issue is causing genuine concern throughout the length and breadth of rural Ireland because an appropriate public transport service is not in place to cater for people who are disqualified or who incur penalty points. I would appreciate it if this could be addressed as soon as possible because it is a huge issue in rural Ireland.

I welcome the legislation, which brings a great deal of clarity and certainty to what was previously an unregulated system. It will greatly curtail the operations of rogue clampers by establishing a code of practice for standards and provide guidance to clamping operators and it sets out a fair process of appeals for individuals who wish to contest their case. I commend the Minister on introducing the Bill. I acknowledge the other issues I raised are not relevant to the Bill but this is an opportunity to raise issues of great concern to my constituents, which is what I have done. I would appreciate it if the Minister took them on board.

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