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Dáil Éireann debate -
Wednesday, 28 Apr 1999

Vol. 503 No. 7

Adjournment Debate. - Traffic Warden Service.

I appreciate the opportunity to raise this issue which, when I submitted it, was extremely urgent. It was raised in the context that tomorrow the 150 traffic wardens who are employed by the Minister would effectively be off his payroll. I thank the Minister for responding to pleas from my party leader, deputy leader and myself to postpone the decision in order to allow talks to take place. The situation remains a critical one from the point of view of the traffic wardens. In many cases they have given many long years of service, yet find themselves in no man's land, unwanted by the Department that originally employed them and unwelcomed by Dublin Corporation to which they are being dispatched.

There are merits in centralising all the traffic functions. Indeed, I have argued for it many times. However, the traffic services which will be centralised, and for which local authorities will have to pay from their own resources, must reflect the current traffic needs of the Dublin area. Any service that does not meet these needs is both pointless and wasteful. If local government is to mean anything it must be able to identify its own needs and responses to them, which are effective and efficient and target the problems.

Dublin has changed over the years as have its traffic problems and so have the solutions, both in their nature and scale. None of this, however, is the fault of the traffic wardens. They did the job they were employed to do and did it well. They were loyal employees of the Department of Justice, Equality and Law Reform. If their services are no longer needed, it is through no fault of their own. The Department has a moral and legal obligation to face up to the implications of that fact. It should not pass the problem on to be resolved by somebody else, particularly not to Dublin Corporation which has no responsibility in the matter. It is degrading and demeaning to a group of loyal workers who do not deserve to be forced into a situation of changing their employer and conditions of employment and who are being passed around like a hot potato that nobody wants. It is an unacceptable way for any employer to treat workers. The Minister for Justice, Equality and Law Reform should have the courage and the courtesy, to which the wardens are entitled, to deal fairly and honestly with them. Their demands are by no means extravagant. All they want is either to be redeployed within the Department of Justice, Equality and Law Reform, which employed them originally – from what I hear, the carriage office could do with more resources – or, alternatively, to be offered an acceptable severance package. Such a package should be offered by the Department which employed them, not by another agency that has no real responsibility for them.

I welcome the Minister's response to our request for an extension of the proposed transfer date, to allow some space for a package to be agreed. I hope the Minister will avail of this window of opportunity to deal with the traffic wardens quickly rather than prolonging the stress which the uncertainty is causing them.

While this matter remains unresolved, the Dublin local authorities are inhibited from developing their parking regulation enforcement measures which would be appropriate to today's needs. Maximising the use of our street space and maintaining traffic flows are critical to main taining Dublin's viability as our capital city, against a background of increased car usage, growing congestion and deficient public transport. Dublin's local authorities recognise and wish to have a flexible, mobile and multi-functional core to regulate parking, particularly along the new quality bus corridors, at critical junctions in urban villages, town centres and in residential areas. It is becoming more important to regulate parking because of the emergence of new quality bus corridors, LUAS and the DART lines.

It may well be that many of the existing traffic wardens, with experience and skills that have been built up over the years, would and could take up these jobs, but they cannot be forced to do so. Likewise, local authorities should not be placed in a position where they cannot choose whom they employ or their conditions of employment.

I ask the Minister of State to bring this message to the Minister for Justice, Equality and Law Reform to address the concerns of the traffic wardens who are, after all, pawns in a debacle which is not of their making. The Minister should come to an acceptable arrangement with them that would allow both sides to extricate themselves with some dignity.

I thank Deputy Mitchell for putting her case strongly but also very reasonably. I apologise for the absence of my colleague, the Minister for Justice, Equality and Law Reform, who is unable to be in the House. He has asked me to deliver a reply on his behalf.

As the Minister, Deputy O'Donoghue, outlined to the House in his reply to Deputy Haughey on this subject on Thursday, 1 April 1999, the transfer of the traffic warden service to Dublin Corporation gives effect to a Government decision of 26 July 1995 which gives responsibility for traffic management to Dublin Corporation. This was recommended to Government by the then Minister for the Environment and Local Government as part of the Dublin Transportation Initiative plan for Dublin. This plan recommended the appointment by Dublin Corporation of a director of traffic who would take over responsibility from the Garda Síochána for traffic wardens, on-the-spot fines and tow away services, introduce wheel clamping and have overall responsibility for traffic management in Dublin city.

The progress on the implementation of the Government decision is as follows. A director of traffic was appointed by Dublin Corporation in April, 1997 and wheel clamping was introduced by Dublin Corporation in summer 1998. Dublin Corporation took over responsibility for the tow-away service in September 1998.

As the Minister outlined to the House on 1 April, 1999, all 143 traffic wardens currently employed by the Garda Commissioner will transfer to Dublin Corporation. They are State industrial employees and can therefore be transferred within the public sector. They are being trans ferred with the functions they discharge to a local authority, i.e. Dublin Corporation.

I emphasise again that this transfer will bring the Dublin metropolitan area into line with the rest of the State whereby local authorities employ traffic wardens under the Local Government (Traffic Wardens) Act, 1975.

With regard to concerns regarding the pay and conditions of traffic warden on transfer, prolonged and intensive negotiations have taken place under the PCW agreement between the Department of Justice, Equality and Law Reform, the Department of Finance, Dublin Corporation and the two unions representing the traffic wardens, IMPACT and SIPTU. Joint proposals have been put to the unions by the Commissioner, the Department of Justice, Equality and Law Reform, and Dublin Corporation which offer the traffic wardens enhanced pay and conditions on transfer. I understand the Department of Justice, Equality and Law Reform is still awaiting the unions' decision to ballot on these proposals.

The House will appreciate that the terms and conditions of employment of the traffic wardens with Dublin Corporation, including the issue of any potential voluntary redundancies, are solely matters for the corporation as their future employer. I also emphasise that the PCW proposals offer the traffic wardens enhanced pay and conditions over and above what they currently enjoy.

Transfer dates which were previously set were changed to allow the unions seek further clarification from Dublin Corporation on their PCW proposals. A recent development in this matter is that the Labour Relations Commission has invited the Department of Justice, Equality and Law Reform to attend a conciliation conference to address the unions' difficulties regarding the transfer. The Department of Justice, Equality and Law Reform considers that all outstanding matters in so far as its own proposals are concerned have been resolved. The Department has indicated that full consideration will be given to the LRC request should the circumstances warrant it at a later stage.

With regard to the date of transfer, it was anticipated that the traffic wardens would report directly to Dublin Corporation on 29 April 1999. However, as the administrative arrangements have yet to be completed, the Garda Commissioner and the Department of Justice, Equality and Law Reform have agreed that the traffic wardens will report to their respective Garda stations on that date. A letter will issue to each traffic warden shortly with regard to the final transfer arrangements. The Minister understands that a meeting of the unions and the traffic wardens was due to take place this afternoon to discuss the issues further.

The Dáil adjourned at 9.15 p.m. until 10.30 a.m. on Thursday, 29 April 1999.

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