Alan Kelly (Tipperary North, Labour) | Oireachtas source

These amendments seek dispensation in this Bill for those convicted of offences covered by the terms of the Good Friday Agreement. However, it is inappropriate for me to specify such an exclusion in the context of this proposed legislation. I remind Deputies that this is a taxi Bill. Section 10 of the Bill provides for the consideration of such offences in the assessment of suitability of a licence applicant or licence holder. Sections 28 and 29 concern mandatory disqualification for conviction for the most serious of offences and an obligation to notify conviction of these offences to the licensing authority.

The point at issue in the taxi legislation is the safety of passengers, who are in a vulnerable position in a taxi. Nevertheless, because of the restriction that this places over the ability of persons to participate in the industry, the grounds for mandatory disqualification is for legal reasons narrowly defined. It is not possible in legislation to seek to further define instances where there may be mitigating circumstances that justify the non-application of the disqualification. This is the reason the Taxi Regulation Bill makes specific provision for an appeal to the courts in regard to mandatory disqualification - so that exceptions are possible where the courts determine it appropriate. The courts are positioned to make that kind of judgment. It is clearly stated in section 28, subsection (10), that in determining whether to grant or refuse such an application the court can have regard to any other matter that it considers relevant.

I am not prepared to accept an amendment to this Bill that would give special treatment to one category of convicts. If there are grounds for special treatment, then the courts can deal with it. It is simply not appropriate in this Bill.