Alan Kelly (Tipperary North, Labour) | Oireachtas source

I understand. It is like a domino effect. I cannot agree to the deletion of section 12, which provides for the revocation of a licence or in some circumstances the suspension of a licence. The Deputy has clarified his position.

Action 22 of the taxi regulation review report recommended the commencement of section 35 of the Taxi Regulation Act 2003 concerning the appeal of a decision to refuse to grant, suspend or revoke a licence. The Taxi Regulation Act 2003 envisages that the NTA would make regulations with regard to the criteria for revocation or suspension of a licence. However, given the risk of challenge based on the constitutional principle concerning the right of a licence holder to earn a livelihood, which we have heard of in the courts, the view of the Office of the Parliamentary Counsel was that the principles and criteria upon which the licensing authority would make such decisions should be set out in primary legislation in the Bill. I must take it on board, as the Deputy knows.

The licensing authority may revoke a licence if it is satisfied the person is no longer suitable to hold the licence and with regard to whether the person has contravened the obligations on a licence holder, including conditions of the licence or a code of practice and the nature and extent of the contravention. There is also regard to failure or refusal to supply required information, or supply of false or misleading information; conviction of offences; requirements for health and safety of passengers and other road users, conduct of the person, or member of a company, which calls into question their suitability, as referred to earlier; and representations received by the licence holder.

Contravention of licensing obligations, including the supply of information as required under the Bill and related regulations or licensing conditions could also lead to a suspension of a licence for a period no greater than three months. The licensing authority may also decide to issue a notice to the licence holder with a reprimand, warning, caution or advice, on its own discretion. Section 13 of the Bill provides for a comprehensive system of representations and appeals concerning licensing decisions by the licensing authority.

It is not possible to provide in this Bill for the type of independent appeal being sought in this amendment. As I understand it, the Office of the Ombudsman is not permitted to undertake investigations into matters that can be appealed to the court. I do not consider that an appeal to the Ombudsman is more appropriate than an appeal to the court, and in this instance I will not be able to accept the Deputy's amendment.