Catherine Murphy (Kildare North, Independent)
Link to this: Individually | In context | Oireachtas source

3. To ask the Minister for Transport, Tourism and Sport if, in relation to the regulation of clamping in the State, he has considered following the example in England and Wales where clamping on private land was outlawed recently; if he has further examined the same system in Scotland which has been in place since 1992 to determine the benefits of a similar arrangement here; and if he will make a statement on the matter. [15337/14]

Catherine Murphy (Kildare North, Independent)
Link to this: Individually | In context | Oireachtas source

This question relates to clamping on private land, a practice which was outlawed in Scotland in 1992 and outlawed in England and Wales in 2013. A plethora of clamping companies is employed to clamp vehicles here. This question is not about paying for parking, but about this punitive sanction of clamping. Will the Minister consider outlawing the practice as has been done in other countries so that we can have a fairer approach to parking on private land?

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The programme for Government contains a commitment “to legislate to regulate the vehicle clamping industry”. This builds on the work that my party, in particular my colleague, the Minister, Deputy Simon Coveney, carried out in opposition in the form of a Private Members' Bill. I understand that in England, Wales and Scotland clamping is in general banned. However, there is no evidence to suggest that clamping cannot be properly employed for the common good. I believe that, if used as part of a controlled and responsible parking enforcement regime and if appropriately regulated by the State, clamping can modify parking behaviour and serve to encourage proper use of parking facilities.

Prior to the introduction of clamping in Dublin, the problems associated with illegal parking were endemic, causing difficulties for residents and traders alike who could not access parking during business hours as metered spaces were often occupied by all-day commuters. Contrasting Dublin before the introduction of clamping with today, it is evident that the use of clamping as an instrument of public parking policy has been highly effective.

In 2011, I asked the then Joint Committee on Environment, Transport, Culture and the Gaeltacht, of which the Deputy was a member, to take a role in the pre-heads of Bill stage and to contribute to the initial drafting of legislation.

The committee carried out a number of hearings on the matter and published detailed recommendations on the issues that should be included in the legislation.

In March 2013, the Government approved the drafting of a regulation of vehicle immobilisation Bill. This is now with the Office of the Parliamentary Counsel. As this is a complex area of law, dealing with issues concerning private property rights, drafting has taken longer than I initially had hoped. I expect to publish the Bill in the coming months and look forward to debating it in the House.

The principal provisions of the Bill will require adequate advisory signage in locations where clamping is in operation, set maximum clamp release periods and fees, and establish an independent appeals process. These provisions will apply to clamping activities on property where the public has an invitation to park as of right or subject to terms and conditions.

Catherine Murphy (Kildare North, Independent)
Link to this: Individually | In context | Oireachtas source

First, there is a big difference between clamping on-street and clamping in a private location. We are seeing it being used as a sanction in all sorts of situations, including apartment blocks.

In villages and towns where clamping is applied, often one finds two or three different clamping companies, perhaps in addition to the local authority operating a pay parking system, and it causes confusion. There must be symmetry in the messages motorists receive. There cannot be a range of different types of advice notices for them.

Often when a motorist has been clamped once and must pay €120 or €130 to release the clamp, he or she will never go back to that location again and it does considerable damage to the business sector in areas where there is that confusion. I would like to know what is different about private property in this country that is not the case in England, Scotland and Wales.

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

We are both agreed that there is a difference between clamping on a public road or public property and in a private space. It is a judgment call as to whether one prohibits the latter. In my constituency, there are a lot of apartment buildings near train stations and before clamping was introduced in them, those who lived there could not park in their own development and their visitors could not visit them because commuters were using those private developments to park for the train station. As a result, clamping was brought in and has been effective. Similarly, there is a shopping centre in my constituency where people could not park to go to the shops in the car park paid for by the shops because motorists were using it for commuter parking purposes. Since they have brought in clamping, people can go to the shops and park in the car park for that purpose. It is a judgment call, but there is on balance room for regulated clamping on private property.

The legislation, which I hope to publish before the recess, will address the issue Deputy Catherine Murphy mentions where there are different companies doing different things. It will bring in standards, a maximum fee, rules around signage and an independent appeals mechanism.

Catherine Murphy (Kildare North, Independent)
Link to this: Individually | In context | Oireachtas source

I am quite sure the same applies to apartment blocks and higher density developments being close to the like of railway stations in England, Scotland and Wales. I am sure it is possible to get a sanction other than a clamping sanction, which both discommodes people and is a lazy sanction. It is difficult to appeal some of these. I would have had some engagement with constituents who have tried to deal with some of these companies, and in some cases it is impossible.

I engaged in the preplanning of this particular legislation and would have made suggestions. I am hopeful there will be some positive developments and I welcome what the Minister is talking about. I tend to think of clamping as a lazy option and regulation can only go so far. It may well be that we end up doing this in a piecemeal way and it will ultimately be required to be outlawed, but I do not understand where the treatment of private land differs from other countries that would be similar to us.

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

We are different jurisdictions. It is up to us to make different decisions if we want to, even if the circumstances are the same. That is the nature of sovereignty.

The alternative to clamping, as the Deputy will be aware, is a fines system where one puts a fine notice on a car and one must bring the person through the courts. That is more cumbersome, expensive and probably less effective than clamping in terms of deterrence. What drove behavioural change in irregular or illegal parking was clamping. When motorists were merely given a fixed charge notice, there were all sorts of problems.