Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I cannot accept the amendment. The Deputy tabled similar amendments during the passage of the Taxi Regulation Act 2013.

In respect of the proposed dispensation for those convicted of offences covered by the terms of the Good Friday Agreement, it was pointed out at the time that it was not appropriate to specify such inclusion in the context of the proposed legislation. Section 10 of the 2013 Act provides for the consideration of such offences among the matters to be included in the assessment of the suitability of a licence applicant and licence holder. Sections 30 and 31 of the Act provide for mandatory disqualification on conviction for specified offences and an obligation to notify conviction for these offences to the licensing authority. In the case of the most serious indictable offences specified under section 30(2) of the Act, the disqualification applies whether the person has been convicted before or after commencement of the subsection.

The specification of offences to which mandatory disqualification applies is based on the principle of ensuring the welfare and safety of passengers. Nevertheless, because of the restriction this places on the possibility of persons’ participation in the industry, the grounds for mandatory disqualification were, for legal reasons, narrowly defined. It is not possible in legislation to seek to further redefine instances where there may be mitigating circumstances. The mandatory disqualification provision, therefore, relies on specified offences which relate to specific violent activities, rather than a focus on any specific type or group of people. That is why the 2013 Act makes specific provision for an appeal to the courts in respect of mandatory disqualification such that exceptions are possible where the courts determine they are appropriate. The courts are positioned to make that judgment. We have exchanged views on this issue on several occasions.