Paschal Donohoe (Dublin Central, Fine Gael)
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Question 588: To ask the Minister for Transport, Tourism and Sport if he will consider the appeals process for a private clamping operator (details supplied) in Dublin 6; his views on whether this private sector clamping operator, through failing to include a name or the reasons the appeal had been refused, is operating an inadequate and unfair appeals process; if he agrees that in a case in which a private resident has fully paid for a parking permit with this company in the area covered by the clamping operator, they should be successful in appealing an application for €100 for failing to display the adequate permit at the time of clamping; and if he will make a statement on the matter. [37701/11]

Leo Varadkar (Dublin West, Fine Gael)
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It would not be appropriate to comment on individual cases, but suffice to say there are some deeply unsatisfactory practices amongst those clamping operators operating on private property.

At present there is no legislation regulating the operation of private clamping operators. The current laws only provide for clamping by local authorities, or those acting as their agents, on public streets and in local authority car parks. This leaves unregulated the whole area of clamping on private property.

I have given careful consideration to the issues inherent in regulating the clamping industry and, from the concerns expressed to me by the general public, it is evident that regulation of the industry will require getting a number of details correct, not least of which will be to ensure the provision of an appropriate and fit for purpose appeals mechanism in order to offer redress against perceived or alleged clamping malfeasance.

To this end I propose, in the near future, to present a discussion document to the Joint Committee on the Environment, Transport, Culture and Gaeltacht on the issues involved in regulating the industry, together with my proposals on the shape of appropriate legislation. When I have received a response from the Joint Committee, I will submit draft legislation to the Government for approval and hope to bring a Bill before the Houses of the Oireachtas in 2012.