Councillor Devlin proposed a motion (Section 140) instructing the County Manager not to proceed with his plans to amend the Parking Bye-Laws to include clamping in Dún Laoghaire Rathdown County Council area.
Councillor Devlin reminded Management that it was "public representatives who make the decision to decide if clamping can / cannot be used in the County, not Management".
Following discussion, during which Ms. T. Langan, Senior Executive Officer, Transportation Department responded to Members queries, the Recommendation was PUT.
A roll call vote was requested, the result was as follows:
COUNCILLORS: FOR AGAINST ABSTAINED
Bailey, John F. 
√
√ Bailey, Maria √
√ Baker, Marie √
Bhreathnach, Niamh √
√ Byrne, John √
Childers, Nessa √
Conway, Barry √
Cosgrave, Louise √
Crowe, Gareth √
√ Culhane, Aidan √
Devlin, Cormac √
√ Dillon Byrne, Jane √
√ Fallon, Ciarán √
Feighery, Gene √
Fox, Tony √
Hand, Pat √
Horkan, Gerry √
Joyce, Tom
Kivlehan, Tom √
Marren, Donal √
√ Matthews, Trevor √
McCarthy, Lettie √
Mitchell O’Connor, Mary √
√ O’Callaghan, Denis √
√ O’Higgins, Tom √
√ O’Keeffe, Gearóid √
O’Leary, Jim √
Smyth, Carrie √
√ Total: 14 11 2
An Cathaoirleach, Councillor D. O’Callaghan declared the recommendation CARRIED.
THE REPORT:
Recommendations of the Transportation SPC in Relation to the Control of Parking
The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:
“On the 11th September, 2007 a report was brought to the SPC on the payment and non-payment of parking fines. This report is included in Appendix A.
Following debate it was agreed that a special meeting of the SPC would be convened to deal specifically with parking policies and the possible use of clamping to augment enforcement.
A second report (Appendix B) was brought to the special SPC meeting held on 15th November. Following debate the SPC agreed that the Transportation Dept should draw up Operational Guidelines for a clamping and removal service for specified parking offences.
Draft Operational Guidelines (Appendix C) were presented to the SPC on the 12th December, 2007. The recommendations of the SPC are expressed in two motions that were debated at the meeting i.e.,
In relation to the recommendation of the SPC as expressed in (1) above steps are underway to implement this and certain preliminary information is included in Appendix D
The implementation of the recommendation of the SPC as expressed in (2) above, would result in a change of the Councils current policy and the approval of the Council is required to give effect to this policy change. The Council should note that at its meeting of the 14th May, 2006 the following Section 140 motion was adopted
“That we the members of the Dun Laoghaire Rathdown County Council pursuant to Section 140 of the Local Government Act 2001, hereby require and direct the County Manager to adhere in word and action to the policy adopted by the County Council at the introduction of Pay & Display Parking Scheme for Dun laoghaire Rathdown in 2002 where the Council decided that clamping would not be part of this scheme”
The policy change recommended by the SPC, if adopted, will materially improve the implementation of the Parking Control Bye Laws and also improve their effectiveness without requiring the excessive use of scarce resources and consequently its adoption is recommended.
The following resolution is now required to be adopted by the Council if the recommendation of the Transportation SPC is to be implemented:
“This Council supports the introduction of clamping and clamping & towing as a measure to augment enforcement against illegal parking offences e.g double yellow lines, disabled parking bays, loading bays only (but excludes offences associated with Pay & Display and excludes residential estates except where Pay & Display is agreed) and including persistent offenders and that this measure is reviewed by the Transportation SPC in six months time”
NEWS: Cllr. Cormac Devlin
