Martin Heydon (Kildare South, Fine Gael) | Oireachtas source

I am delighted to have the opportunity to contribute to the debate on this important Bill, which was promised in both the programme for Government and the Fine Gael's election general manifesto in 2011 to address clamping issues. It has been the source of annoyance for many people who have gone toe to toe with a clamper, particularly private clampers who act without a strict set of guidelines and structure in respect of signage, an appeals mechanism and so on. I very much welcome Bill, which will mean that for the first time the regulation of private clamping operators will be put on a statutory legal footing.

The purpose of the legislation is to ensure all clamping activities are carried out in a fair and transparent manner and to protect motorists and legitimate clamping companies. It will introduce consistency to clamping for the first time, whether it takes place on public or private roads. I am happy that the Bill will establish a new regulatory regime, a simple two step appeals process, a default maximum clamping release fee for private property, a code of practice for operators, and a new requirement that signs must always be displayed where clamping is in operation.

I am aware of many cases in Athy and Newbridge in my constituency where excessive charges have been applied by clampers. Where difficulties arise, the ability of the motorists to raise complaints and have them adequately heard has been a running sore for some time. I recall being approached by a constituent who was hit with a €120 fine. The only way to have the car released was to pay the fine. The person had a valid ticket but it had fallen off the dashboard on to the car floor. The staff member who released the clamp and collected the fine said he had no way of adjudicating on the matter and the motorist would have to ring the company. He rang the company and got nowhere. Following months of frustration, he gave up. That is not good enough. If that is happening on a regular basis, the company is abusing the system. The legislation will make sure rogue companies are held to account from now on.

Under this Bill, the regulation function will pass to the NTA. Following its passage, the main areas which can be regulated by the NTA are the clamp release and vehicle relocation charges; the provision of appropriate advisory signage in areas where clamping is carried out; and the establishment of a two tier clamping appeals process. A separate complaints procedure to consider complaints from members of the public is necessary and crucial. There has been a lack of flexibility in the past in genuine cases but the companies will know there is someone watching over them and it is important that there are set rules to adhere to.

The maximum clamp release charge is also important.

Figures such as €120 plus for a clamp release are excessive. It nearly encourages a culture of trying to make as much money as possible. Another complaint I have heard is that people were not aware that they could be clamped in certain areas as there was limited signage with the operating times. Alternatively, the signage might have been slightly covered such that it could always have been said that there were signs, even though they were not that visible. There were genuine cases in which people I knew had their vehicles clamped and never thought they needed to purchase a ticket in certain areas. Persons responsible for enforcing parking restrictions in places where clamping is operated, who are referred to in the Bill as "parking controllers", will be obliged to provide signage which should be prominently displayed, indicate that clamping is in operation and provide details of the relevant charges applying to such activities. This is crucial and very much sought.

There are issues around parking in general. The Bill addresses many issues relating to clamping in private areas. There is public paid parking in many towns in south Kildare where cars can be parked on the main streets. In many respects, this system was introduced to aid local business and stop the person who either works in the town or is commuting to Dublin from parking his or her car on the street for the day and taking up a valuable space a shopper might use. It is a good idea in principle and should provide revenue for the local authority that could then be spent on local services. I know that it relates to the issue of planning and as such is as much a matter for the Minister for the Environment, Community and Local Government as it is for the Minister for Transport, Tourism and Sport. The planning laws that allow large-scale out-of-town developments where there are ample free parking spaces in some way result in footfall moving from town centres. Some businesses will consider paid parking on streets is a disincentive to business when the system was designed to be the opposite and allow spaces for shoppers to come in to town for a couple of hours and make sure there would be a turnover of cars and traffic in the town. We are seeing viable businesses in certain towns closing or moving to larger retail units on their edge. I know that this has definitively happened in Naas. We do not want to see this phenomenon proliferate in the rest of the country. Planning should be sequential from the centre outwards and encourage and make sure town centres remain vibrant hives of activity.

I am very happy to support the Bill which has been designed to protect motorists and legitimate clamping operators. It will also penalise bad behaviour on the part of rogue operators. I accept that clamping is necessary, as it provides an incentive for people to park responsibly. Without it, we would have other difficulties. However, the variety and inconsistency of release charges applied in privately owned car parks have caused serious annoyance and are not acceptable. That is why I commend the Bill to the House.

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