I thank the Chairman. I wish to make a few brief introductory comments before dealing with the particular aspects that members may wish to explore.
As the Chairman mentioned at the committee's first meeting on this matter, the process of an Oireachtas committee becoming involved in legislation at this early stage is new to us all. Normally when a proposal such as this arises, the first that Members see of it is when, following its approval by the Government, it is published and ready to be laid formally before both Houses. Under the new process, the committee will assist the Department and the Minister in developing proposals before a general scheme is drafted and submitted to the Government.
This is the first time the new procedure has been tested and we are very interested to see how it works out.
The discussion document circulated to members represents the Department's initial views on how a regulatory regime for clamping should be provided and sets out the issues that the Department considers need to be addressed in drafting the legislation. We have not sought legal advice on the proposals, as yet, and other than an exchange of letters with city councils, we have not consulted with any of the appropriate bodies. We consider that the exercise being conducted by the committee over recent weeks will fulfil this function and we may not need to go over the same ground unless a requirement arises for clarification of any of the points discussed with the committee.
The discussions which have taken place to date with the committee have proven to be very useful. We have been developing our own thoughts based on the information that has been emerging. As has been remarked on a number of occasions, there is a legislative basis for clamping on public roads but there is no legislation currently in this country covering clamping on private land or property. A number of Acts provide that local authorities can make by-laws for the control and regulation of parking on public roads and provide that authorised persons can fix an immobilisation device to an illegally parked vehicle. An authorised person is defined as a member of an Garda Síochána, a traffic warden appointed by a local authority or a person appointed in writing by a local authority. Where a local authority employs clamping as a means of parking control, the parking criteria under which the clamping company is engaged are set out in a written contract.
The representations made to the Department and to the Minister suggest there is no great opposition to the practice of clamping but the difficulties seem to surround the activities of some clampers or the lack of clarity regarding the removal of the clamp or the lack of signage indicating clamping areas. In the main, these are the matters we propose to address with this legislation.
I am aware that the discussions at the committee over the past few weeks have ranged across a wide variety of areas that are somewhat outside the scope of clamping regulation. However, I propose, initially, to confine myself to dealing with the Department's proposals for the legislation.
The Department considers that the main purpose of the legislation should be to ensure that where clamping is used as part of parking management policy it is undertaken in a fair, responsible, efficient and effective manner. The legislation should provide that any company or person involved in clamping, whether on public roads or on private property, should be licensed. As a consequence, it will then be an offence for a clamping company to operate without a licence and will also be an offence to engage a clamper who is not licensed. Based on that principle, the main categories that need to be addressed include: a licensing and enforcement framework including the qualification criteria and standards that need to be met before a licence is granted; the circumstances under which clamping can take place; arrangements, including timescale, for removal of clamps; the appropriate de-clamping fees to be charged; signage and notification issues; and a satisfactory appeals mechanism. We propose to address these through a combination of primary and secondary legislation provisions.
The Department considers it appropriate that a single regulator be appointed. No decision has been made yet as to which body should become the regulator and this is one of the areas on which we would appreciate the committee's views and assistance. The Department is of the firm view that self-regulation would not be appropriate and it would envisage the responsibilities being undertaken by some existing State body such as the Private Security Authority or the National Transport Authority.
The role of the regulator will include: issuing licences to clamping companies; keeping and publishing a register of the companies licensed; outlining the circumstances in which clamping can take place; setting fees for removal of clamps; and setting out specific requirements in regard to issues such as signage and maximum time for removal of clamps. The regulator might be required to include many, or all, of these issues in a mandatory code of practice to which all licensed clampers would be required to adhere. The regulator would also be required to establish an appropriate appeals mechanism.
In order to gain access to the industry, to qualify for a licence, a company would be required to demonstrate competence, be appropriately insured and funded and obtain Garda clearance. Any employees of the company who are involved in vehicle clamping would be required to be trained to a high standard, be of good repute and would be required to carry identification. The committee heard details at previous meetings of the twin-level appeals mechanism applied by Dublin City Council and the Irish Parking Association. These appear to work satisfactorily and we propose to provide for a similar system in the Bill.
This has been an overview of the Department's proposals and we are happy to explore these or other matters with the committee members.