Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I acknowledge the issue raised by the Deputy. While I obviously cannot comment on a specific case as I do not know the full details, I recognise the bona fides of what the Deputy has said and that there is a difficulty in the case. I am quite prepared to look at it in a different forum, in other words, not in a public forum, to see if anything can be done. What the Deputy is really saying is the criteria under the scheme are too strict such that it is impossible for some people who lack the necessary mobility to qualify to use disabled parking spaces.

The provisions on the use of the disabled parking permit scheme are set out in section 35 of the Road Traffic Act 1994 and the Road Traffic (Traffic and Parking) Regulations 1997 (Sl 182 of 1997), as amended. The scheme is administered by the Irish Wheelchair Association and the Disabled Drivers Association. The disabled parking permit is available to people living In Ireland whose mobility is severely and permanently restricted, whether they are drivers or passengers, and to people who are registered as being blind. The permit has been designed in accordance with EU legislation and is recognised in all EU member states. It is valid for two years from the date of issue.

In 2010 the Department conducted a review of the disabled parking scheme, in consultation with various stakeholders. One of the issues looked at was eligibility for the scheme. Disability groups, in particular, were unhappy at the fact that some people were being issued with disabled parking permits because they had a particular condition rather than a mobility impairment. For example, cardiac conditions which can severely limit mobility entitled people to a permit at the time but not all sufferers of the condition have a mobility impairment. As a result of the review, the scheme was revised in order that permits would be given based on the level of mobility impairment rather than diagnosis of a particular condition. It seems to be a fairly discretionary and subjective judgment. The medical criteria for issue of the permit are strict and only persons whose mobility is severely and permanently restricted qualify. The primary legislation for the purpose of issuing EU parking permits defines a disabled person as, “A person with a permanent condition or disability that severely restricts their ability to walk”. This definition was introduced into the Irish regulations by the Road Traffic (Traffic and Parking) (Amendment) Regulations 2011 (Sl 239 of 2011).

Primary medical certificate holders are considered to qualify having already met the criteria and are only required to submit a copy of their certificate with their application form. Similarly, those who are visually impaired are only required to submit confirmation that they are registered as being blind with their application form. For all other applicants, a medical practitioner must complete the medical section of the application, describing the applicant’s level of mobility and certifying the accuracy of same. If the discs are to be provided for a wider group of people without further action, I fear there would be increased demand placed on the already limited number of parking spaces available. To that end, I have been actively involved in raising awareness of the unfairness of using such spaces where it is not justified. I also strongly support a recent Garda campaign to crack down on the fraudulent use of these spaces and permits.

In response to the case raised by the Deputy, I will write to my colleague, the Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, to consider directing local authorities to make provision for more parking spaces for disabled people. If we receive a positive response, I hope we will be able to give serious consideration to having more serious criteria which might embrace people in the category which the Deputy addressed.

My Department remains in ongoing contact with the Irish Wheelchair Association and the Disabled Drivers Association. I remain open to considering any improvement to the scheme which may be needed in the future.

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