Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 13 Mar 1979

Vol. 312 No. 8

Ceisteanna—Questions. - Abandoned Cars.

8.

asked the Minister for the Environment if he has received from the Garda authorities or from any other source any representations for amendment in the law to deal with the parking for weeks on end, or the abandonment of vehicles on public roads; and if so, the action, if any, he proposes to take in the matter.

9.

asked the Minister for the Environment if he is aware of the serious and growing obstruction caused on Dublin residential roadways by the parking or abandonment of cars for long periods, or by the retention of cars on the public roadway for the purposes of trade; that both the Garda and the Dublin Corporation say that they are experiencing considerable difficulties in the enforcement of the law, and that in many cases, notwithstanding the keeping of vehicles stationary on roadways for many months no offence is being committed; if he regards such a position as tolerable or desirable; and the action, if any, proposed to overcome the problem.

I propose with the permission of the Ceann Comhairle, to take Questions Nos. 8 and 9 together.

No representations have been made to me as to amendment of the provisions of the Road Traffic Acts in relation to the parking or abandonment of vehicles. General and local parking by-laws are made by the Garda Commissioner. Enforcement of parking restrictions in any area is primarily a matter for the Garda Síochána who also have powers, as have the road authorities, to remove, store and if necessary dispose of unlawfully parked vehicles or vehicles which have been or appear to have been abandoned.

Is the Minister aware that despite the implicit complacency in his answer regarding the powers available to the Garda, there is scant if any traffic enforcement at least in the city of Dublin at present? In trying to get something done will the Minister take into consideration that the situation is getting worse instead of better, that the traffic wardens may soon be taken off the roads and that the Garda, because of pressure of other duties, are showing scant interest in traffic law enforcement?

The local parking by-laws made by the Garda Commissioner after consultation with the local authority and with the consent of the Minister for the control of parking in specified areas may lay down conditions subject to which vehicles may be parked on public roads in various areas.

Who enforces them?

The Garda Commissioner.

Is the Minister happy that they are being fully enforced?

I have received numerous complaints.

The Minister has received numerous complaints?

Yes, some complaints.

What is the Minister doing about them?

We cannot have cross-questioning across the floor of the House.

I am asking what the Minister proposes to do about the numerous complaints he has received.

We are dealing with them as we get them.

Could the Minister elaborate slightly on that?

We are in consultation with the Garda authorities to see how the position can be improved. Traffic control in Dublin city is a matter for the corporation primarily.

It is not.

Is the Minister aware that the statutory function of traffic control is exclusively that of the Garda? Could he detail for the House when the consultations started with the Garda on the question of traffic management in the Dublin area? How long are the consultations likely to last? Are there any recommendations arising out of those consultations which could be implemented?

The Minister would require notice of those questions.

With due respect to your position and to your experience, Sir, Question No. 9 is quite explicit. The Minister stated that he has received complaints and there have been consultations. Am I not in order in asking when the consultations started, what stage they have reached and if any recommendations have emerged to date which could be implemented?

These complaints were made recently, mainly by public representatives.

Without wishing to be impudent, I should like to ask the Minister whether he is aware of the serious and growing obstruction caused in Dublin residential roadways by the parking and abandonment of cars for long periods, and the general obstruction caused to traffic? The Minister chose to answer Questions Nos. 8 and 9 together and we are talking about traffic management in the Dublin area. The Minister has volunteered the information that there have been consultations with the Garda on a matter about which he has received numerous complaints. As an Opposition Deputy, am I not in order in asking him how long have the consultations being going on, and what can we expect as a result of those consultations?

That is a separate question.

These complaints were received recently and they were mainly from public representatives. Consultations began recently.

Presumably at some stage the Minister has to drive from the Custom House to his own home. Has his official driver never at any stage indicated to him that there is increased traffic chaos between the Custom House and the outskirts of Dublin city?

Question No. 10.

Does the Minister talk to his driver? Has his driver not explained the chaos to him?

(Cavan-Monaghan): Am I right in thinking that the consultations between the Minister's Department, the Garda and the local councils have not gone beyond the stage of the Department sending these complaints to the Garda and the local authorities? Has the Minister had any reply?

As I said, these complaints were received recently.

(Cavan-Monaghan): How recently?

Within the past month.

(Cavan-Monaghan): Is the Minister saying he dumped these complaints on to the local authorities and the Garda, and that he has not heard from them?

That is not so.

Would the Minister agree that the major problem in Dublin is that there is no co-ordination in the traffic areas: the Garda authorities are the traffic authorities, the local authorities are the road authorities, and CIE are the transport authority? Would the Minister agree that in that situation the regulations cannot be enforced? Would he agree that the problem in the suburban areas is that there are no traffic arrangements and there are no double yellow lines outside people's private houses where cars are abandoned?

There are powers under the Road Traffic Acts to deal with vehicles which are abandoned or parked illegally. Under the Road Traffic General Bye-Laws of 1964, made by the Garda Commissioner with the Minister's consent, rules may be laid down applicable to the parking of vehicles throughout the State. Among other things these bye-laws may prohibit the parking of a vehicle on a footpath in such a manner as to obstruct the free movement of pedestrians, the parking of a vehicle near a junction or a pedestrian crossing. If abandoned cars cause an obstruction the Garda have full powers to take action.

Would the Minister agree that part of the problem of dealing with abandoned cars is the question of ownership? Obviously the law must be amended in respect of the ownership of vehicles deliberately abandoned or scrapped by their previous owners. Because of the impossibility in the present legal situation——

We cannot have a long discussion on this matter.

This is the heart of the matter.

Question No. 10. This matter may be debated at some other time.

(Cavan-Monaghan): This is not a debate.

It will not be, either. Question No. 10.

(Cavan-Monaghan): The Minister has referred to the laws made by the commissioner——

Is the Deputy defying the Chair?

(Cavan-Monaghan): I do not think I am getting a fair crack of the whip.

I asked the Minister about the division of responsibility.

Will the Deputy please resume his seat? We have spent 35 minutes on nine questions. We cannot have a debate. The more lax the Chair is, the more disorderly the House becomes.

Top
Share