Clare Daly (Dublin North, Socialist Party)
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137. To ask the Minister for Transport, Tourism and Sport the statutory and regulatory framework for the operation of clamping vehicles in cities. [40616/13]

Leo Varadkar (Dublin West, Fine Gael)
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Section 101B of the Road Traffic Act, 1961, as inserted by Section 9 of the Dublin Transport. Authority (Dissolution) Act, 1987 provides for the clamping and/or towing of vehicles by local authorities or their agents on public roads or local authority car parks. The Road Traffic (Traffic and Parking) (Amendment) Regulations, 1998 provide that the prohibition on the stopping or parking of a vehicle imposed by those Regulations shall not apply to a vehicle being used for the purpose of facilitating the immobilisation of a vehicle or the removal of an immobilisation device from a vehicle,  pursuant to section 101B of the Principal Act.

There is currently no regulation of clamping companies nor of the activity of clamping on private land and vehicles engaged in such activity do not enjoy any similar protection from traffic and parking. In line with the commitment contained in the Programme for Government to "legislate to regulate the vehicle clamping industry" , the Government, in March 2013, approved the Heads of a Regulation of Vehicle Immobilisation Bill. This followed an extensive consultation with the then Joint Oireachtas Committee for Environment, Transport, Culture and the Gaeltacht.

Under the principal provisions of the Bill, the National Transport Authority 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. The Bill is currently being drafted in the Office of the Parliamentary Counsel and I hope to  publish it and introduce it in the Oireachtas at an early date.