Kathryn Reilly (Sinn Fein) | Oireachtas source

I welcome the Minister to the House. Coincidentally, my car was clamped last week, and the experience was not much craic. When I came out of the gym on Monday morning my ticket had expired and the car had been clamped, so I had to sit on the kerb, going through the process of paying the fine. It was not a fun experience, but I will definitely put more money in the meter in future.

This is a welcome piece of legislation, and I commend the Oireachtas Joint Committee on Transport and Communications on the work which has brought this Bill before us. We all know that clamping has been a major cause for complaint for residents and workers in some of our larger towns and cities for many years. In some ways the practice is counterproductive, and although there is a place for clamping, it must be enforced in a way that helps address parking issues in a logical and fair way. In order to free parking spaces and keep roads clear, vehicles are immobilised and a fine is administered for the removal of the clamp. Clamping only works when the fear of being clamped is a concern; in other words, clamping should only come into effect when a driver is committing an offence by taking a risk. There is a genuine need for fines and for clampers to operate effectively when people are acting irresponsibly. As mentioned this afternoon, many people act irresponsibly and knowingly take this risk.

In order for clampers to operate effectively, they must behave in a manner which creates respect among the public and the idea that their actions are just in administration of these duties. Many people may cry foul when they are caught doing something they should not be doing and are given a fine as a result, and it is essential that those who are unjustly clamped or fined - no matter how small a group - are given the opportunity to appeal. Clampers must also operate in a culture that does not encourage clamping for its own sake or for financial gain. At present, the practice's only merit is in discouraging drivers from parking illegally. In some cases it may be better not to clamp a car, despite an infringement, in the interests of allowing a free flow of traffic as soon as possible.

There has been much public confusion about where and when a vehicle can be clamped, and I am thankful this Bill brings clarity in formulating consistent regulation for both public and private property scenarios. I apologise for missing the Minister's statement. The previous lack of regulation for private property facilitated much abuse.

Measures included in this Bill to penalise rogue clampers are essential to creating a driver culture, which I mentioned earlier, with motorists expecting fair but firm treatment. If a person keeps to the law, it should now be much less likely that he or she falls foul of clampers. I understand the Minister's comments regarding the operation of clamping at hospitals, but this practice should be considered with great care. Clamping should not be allowed to impede the use of hospitals by emergency services because a vehicle that should have been removed has been clamped. Any long-term patient who has a car clamped should be given some recognition; although an infringement cannot be ignored, certain conditions may be recognised as relevant or complicating to a case.

As has been mentioned, I welcome the two-stage appeal system, which will allow for an independent appeal after the fact. I welcome the Bill, as it will improve clamping practice as well as the public perception of the industry.