Alan Kelly (Tipperary North, Labour) | Oireachtas source

It is not possible for me to accept amendment No. 26, although I have considerable sympathy for the Deputy. I want to gain some technical details because we must take some serious advice on the issue. I have sympathy for the frustrations of many operators in the industry on it. The number who have sought to get into the industry under the stamp 2 provisions is not as high as one might think. I checked this with the National Transport Authority, NTA. The Department of Justice and Equality has responsibility for the immigration legislation governing this area. That Department has advised against inserting such an amendment in primary legislation relating to taxis as such issues are best regulated on a general basis within the framework of immigration law.

The conditions under which immigrants may engage in paid employment on a limited basis are subject to review by the Minister for Justice and Equality. This is a taxi regulation Bill and it is primarily for the Minister to consider whether there are abuses that justify a change. However, it is open to the NTA to make regulations under section 19 of the Bill for SPSVs, including rental arrangements. It has indicated that it will consider, in conjunction with the Department of Justice and Equality, whether a provision along the lines suggested by the Deputy might be incorporated into secondary legislation. I have discussed this issue in detail with the authority and assure the Deputy that I will keep him updated on it. It is my intention to pursue the matter vigorously. The Department of Justice and Equality considers it would not be helpful to include a provision in primary legislation. Let me give an example as to why. A stamp 2 visa in 2013 could be very different from what it might be in 2014. It could change the very emphasis of the Bill. I have asked the NTA to prioritise the issue with the Department of Justice and Equality within secondary legislation in order to deal with this the matter which I agree should be dealt with.