Trevor Sargent (Dublin North, Green Party)
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Question 408: To ask the Minister for Transport if city and county councillors have a role in determining policy relating to the clamping of illegally parked vehicles in their local authority area ; if this is solely an executive function; and if councillors have a role, if he will report on the nature of the role. [20712/05]

Martin Cullen (Waterford, Fianna Fail)
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The legislative basis for the application of immobilisation devices to vehicles that are illegally parked on public roads is set out in section 101B of the Road Traffic Act 1961, as inserted by section 9 of the Dublin Transport Authority (Dissolution) Act 1987. Regulations entitled the Road Traffic (Immobilisation of Vehicles) Regulations were made in 1998 to give effect to that section. The regulations include a provision that identifies those classes of persons who may be authorised to apply and remove immobilisation devices and determines that such persons shall consist of members of the Garda, traffic wardens and any person appointed in writing for such purposes by a local authority. As the regulations do not determine that decisions to appoint authorised persons are reserved for the members of local authorities, the making of such decisions is an executive function.