Ivor Callely (Dublin North Central, Fianna Fail)

An area of responsibility I am delighted to have relates to the provision of accessible transport, which involves accommodating persons with an impairment or disability of any form. I take this opportunity to ask all parking space providers, whether private operators, local authorities or other service providers, to review their arrangements with regard to the number of spaces available for disabled parking. There is not quite sufficient provision in the context of the number of disabled people who are more active than ever before because of the increased adaptability of vehicles. A number of people have brought to my attention the need to accommodate the motorised scooter, for which I have seen no allocated spaces. This three-wheeled vehicle is increasingly popular.

I support the views expressed by all Members regarding the abuse of designated parking spaces for disabled drivers. Accessible transport implies transport for all and that everybody should be able to use the mode of transport they desire. We must ensure this is possible. Such a strategy includes the provision of appropriate parking facilities. The position in regard to illegal parking in a parking space designated for the use of a vehicle carrying a disabled person's permit is that the offence already exists and is laid down in the road traffic regulations of 1997.

To answer Senator Morrissey's question, this offence is applicable in public places. In private places, dealing with such behaviour is a matter for the private operator. We have witnessed an increase in the monitoring of private car parks attached to shopping centres, churches and other facilities. A number of private car park operators have put in place a time period to accommodate those who are utilising their facilities. In the greater Dublin area and in other densely populated urban areas, people have been using such facilities to avail of public transport and free car parking. As a result, some parking providers are installing service providers and operators in their car parks to monitor the length of motorists' stay. In some city-centre car parks, motorists can park their cars for no more than four hours and the average time is less than two hours. Clamping and other such provisions have also been provided in some private facilities.

With regard to public facilities, there is an on-the-spot fine of €19 for illegal parking. This is the same level of penalty that applies to other illegal parking offences that are detected by gardaí or traffic wardens. The fixed-charge system provided for in the Road Traffic Act 2002 is due to be applied to a wide range of traffic offences, including illegal parking, when the Garda's new IT system is operative in 2005 and certain administrative functions have been outsourced to a third party service provider. This roll-out will include the introduction of a new fixed charge for the offence of illegal parking in a disabled persons' parking bay. The level of this fixed charge will be pitched at a relatively high level, at or close to the level referred to in the amendment.

I hope my response has been helpful. I reassure Senator Paddy Burke that the sentiment expressed in his amendment, that the fine should be not less than €100, will be taken on board. The level of the fine that can be imposed on a person convicted of this offence was substantially increased in October 2002. A convicted person is liable to a fine not exceeding €800. If the offence is a second or subsequent such offence, the perpetrator is liable to a fine not exceeding €1,500. Moreover, if the offence is a third or subsequent such offence, committed within 12 months of the last, the perpetrator is liable to a fine not in excess of €1,500, or imprisonment for a term not exceeding three months, or both. The fine levied in any instance is, of course, at the discretion of the court.