Alan Kelly (Tipperary North, Labour)
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The regulation of clamping activities is a matter of public concern, and I have had to deal with this in the past on behalf of constituents. I thank Senator Clune for raising the issue. This is a good time to update everyone on this legislation. The Senator would be surprised at the number of people who raise the issue. People very much welcomed the fact that it was stuck into the programme for Government because they rightly have issues about certain practices in the clamping industry which need to change.

The programme for Government contained a commitment to "legislate to regulate the vehicle clamping industry". This commitment stemmed, principally, from concerns expressed by members of the public in regard to the activity of some clampers on private land, and the extent to which this activity may have been carried out in a less than fair manner with no mechanism to appeal against perceived abuses. Sometimes some of the fines, the manner in which they were decided and their cost left a lot to be desired. It was deemed appropriate to address these concerns, and that the Oireachtas should clarify for citizens and property owners an activity which has become an increasing feature of urban life in Ireland.

While section 101B of the Road Traffic Act 1961, inserted by section 9 of the Dublin Transport Authority (Dissolution) Act, 1987, provides the basis for clamping on public roads, there is no extant legislation governing clamping on private land or property. In seeking to meet the Government's commitment, the Minister presented a discussion paper to the then Oireachtas Joint Committee on Environment, Transport, Culture and the Gaeltacht in December 2011, outlining the various policy proposals available, and asked the committee to take a role in the pre-heads of Bill stage of the legislative process. Specifically, the committee was invited to examine the relevant issues which should be addressed and to prepare a report outlining its views on the shape such legislation might take. Following public hearings and a number of written submissions on the matter, the committee responded at the end of March 2012 with a comprehensive report. This report, which is publicly available, contained a number of recommendations, the majority of which were included in a general scheme of Bill which was approved by the Government in March 2013.

The detailed legislation is at an advanced stage of drafting in the Office of the Parliamentary Counsel, which I can confirm, and it is expected that the Bill will be published by the end of this year or early in 2014. We hope that it will be published this month. The Bill will not propose an outright ban on clamping on private property. Landowners need to be able to deal in a fair manner with nuisance parking, such as parking of cars all day in a shopping centre to the disadvantage of other customers. There is, however, a clear need to establish broad rules to govern how clamping is carried out. In general, this Bill will provide safeguards both for those operating a clamping regime as well as for motorists who may have their vehicles clamped.

The public is well aware of cases where private clampers have behaved in a manner that gives rise to serious concerns. Under the principal provisions of the Bill, the National Transport Authority, as regulator, will ensure the provision of 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 the public road, as well as on private property where the public has an invitation to park, whether explicit or implied.

Best practice aspects associated with such clamping activities on the public road, such as the current appeals process operated by Dublin City Council which has operated for many years - indeed I have had to lodge appeals - might be equally successfully replicated in respect of clamping on private property and be given the full authority of statutory provision in the public and private spheres. We are taking some of the public practice into the private sphere.

As outlined both here and in the joint committee's deliberations on the matter, consideration of the various issues surrounding the use of clamping as a parking enforcement mechanism demands that any intended legislation will provide appropriate measures in legal terms. There is a clear need to strike a balance between the rights of individual landowners effectively to enforce parking restrictions on their own property, and the rights of individuals to utilise a finite parking resource for the common good.

This latter point is best borne out by the experience in the public arena. 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. In essence, the proposed legislation is intended to provide a balanced regulatory framework within which legitimate clampers may operate but which also protects motorists from disreputable practices. The Minister expects to introduce the Bill in the Oireachtas early in the New Year following its publication, hopefully later this month. What is being proposed is fair, balanced and totally necessary.