Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I thank the Chair for giving me the opportunity to address this issue. As it happens, this discussion is extremely timely. In recent weeks, I indicated I would make a decision on the preferred policy approach to the issue of rickshaws before the end of this Dáil term and I intend to do that.

Like many members of the committee, I have deep concerns about public safety with rickshaws and their activities on our streets. All of us have seen these vehicles. Complaints range from blocking footpaths and forcing pedestrians onto the road, weaving recklessly in and out of traffic, paying little or no heed to the rules of the road and breaking red lights to driving the wrong way up one-way streets and transporting passengers with little care for their safety. Collisions have also occurred. A National Transport Authority, NTA, survey found that 57% of rickshaw passengers reported accidents or near misses, which is a shocking, stark statistic, but there is much more.

While it is accepted that many in the rickshaw industry have no involvement in criminality, it is a fact that over the past 18 months, 154 rickshaw drivers have been arrested under section 15 of the Misuse of Drugs Act 1977, which deals with possession of a controlled drug for sale or supply, while operating as a rickshaw driver in the Pearse Street district alone. This is not tolerable. The Garda is committed, focused and doing great work to tackle drug pushing and address criminal threats. My Department also has an important part to play as we decide the optimal regulatory approach for rickshaws.

As members will be aware, I asked the NTA to undertake a public consultation last autumn. My intention was that this would inform the regulatory impact assessment which must be undertaken in the context of developing new legislation. More than 4,800 responses were received, reflecting a keen level of interest and concern. The NTA consultation process reaffirmed many of the concerns that had been raised with me, including issues such as dangerous behaviour on public roads, lack of lighting, no insurance, illegal use of rickshaws in pedestrian zones, obstruction of buses and blocking of taxis from taxi ranks. It also found concern about the lack of a transparent fare structure, with 44% of passengers in the survey reporting issues with rickshaw charges. It seems that passengers are sometimes led to believe that one fare is to be charged but when they arrive at their destination, it turns out that the figure quoted was per person, rather than for the journey. Such behaviour is obviously unacceptable.

I will now address Deputy Munster's amendment. I am well aware that many members have been converted as regards the need to take action about the activities associated with rickshaws. We all have the same concerns about safety on our streets and protection for passengers. When Deputy Munster put forward an amendment to the Road Traffic Bill that would give suitable powers to the NTA to regulate rickshaws, the Dáil was in agreement and I accepted the amendment, which the House passed. It was unfortunate that I was unable to commence the provision, which is now section 31 of the associated Act. However, it was wise to heed legal advice indicating there would be a real risk attaching to any regulations made under the section.

The risk was considered unacceptably high with a strong likelihood of the regulations being challenged and ultimately struck down in the courts.

Despite this setback, I have made it clear on many occasions in the Dáil that I have always shared the concerns relating to rickshaws and that I am actively taking steps to address these. The NTA public consultation was one important element of this process.

I also instructed my Department to conduct international research and consider regulatory models in other EU member states' cities and to engage with a range of stakeholders like the NTA itself, the RSA, An Garda Síochána, Dublin City Council and others in the local authority sector. Considering the legislative options was always going to be the most critical step. It was also an extraordinarily complex one which few had anticipated initially.

It is clear to me that the choice is between a full and effective licensing regime and complete prohibition. Retaining the status quois not an option. In relation to the public consultation, I must admit that I was surprised when the majority, at 54%, supported an outright ban. Introducing regulation was favoured by less, at 38%. In any case, a full analysis of both options was needed.

Any new regulatory regime for rickshaws would have to focus on public safety and consumer protection. To do this effectively, new legislative provisions would be needed in the areas of: driver and operator licensing, vehicle registration and licensing, rickshaw roadworthiness involving an NCT-style test, motor tax, fares regulation, regulation in the standards of service, and offences and penalties to allow for proper enforcement.

All this would lead to better customer experience and an improvement in the management of safety for passengers, as well as for other road users. Rickshaws are arguably meeting a certain niche demand which is not being met by the traditional public transport services. According to the survey, 38% want to retain them. Regulating would allow rickshaws to continue in operation, contributing a fun and vibrant aspect to city life.

However, significant resources would need to be invested. More administration and enforcement resources would be needed in the NTA and the Garda, possibly also in the RSA. Implementing a full licensing regime together with enforcement would come at a substantial cost to the State - all for a relatively small number of vehicles. It is estimated by the NTA that there are 1,000 rickshaws in Dublin.

Perhaps the biggest concern for me is the challenge in defining the rickshaw vehicle in law. The rickshaw is driven on the public road. This means, if we want to regulate them, that we first must amend road traffic legislation. Since there is extensive litigation under that legislation, we must be exact as to how we define a vehicle.

As the committee will be aware, there are different types of rickshaw – some are pedal powered and some have a motor. The NTA advises that pedal powered rickshaws can easily be converted to motorised, in fact, within minutes, by attaching a small motor to the back axle. The motor can be removed just as quickly. One actually can change the creature within a few minutes. All this means that any new legislation for rickshaws will need to be developed with extreme care. Of course, the new regime will bring benefits but it will be costly to implement, and it may well prove difficult to enforce in a meaningful way.

Allegations of dangerous driving by rickshaws, illegal movements in pedestrian zones and fears about public safety are growing all the time. A ban on rickshaws on the public road would deal comprehensively with these concerns. It would be a significant step forward in managing the risk for public safety.

New legislation would be needed but enforcement of a ban should cost significantly less than implementing a full new regulatory regime. We would still have to define the rickshaw vehicle in law, and provide for detention powers, but this would involve a much simpler piece of legislation. Enforcement should also be less resource intensive - the NTA would not need extra staff and gardaí could be empowered to act decisively when coming upon a rickshaw on a public road.

After a transition period, it seems likely that rickshaws would disappear from our streets. I am aware that some members of the public would be inconvenienced and it is true that with a ban, our cities could miss out on the sense of adventure and fun that rickshaws can bring.

I am conscious also that there are compliant people who earn a legitimate living from these services and that a ban would have an adverse impact on them. A small number of operators reported in the survey that they have invested in significant numbers of rickshaws and there are also many drivers who work part-time in the sector. Impacts would all have to be carefully weighed.

As this issue was raised first by members of this committee in the Dáil, I do not want to take a decision before seriously consulting what they have to say. It is not an issue, as far as I am concerned, that will be politically divisive. It is merely something on which we can combine to address and resolve. If members here today have suggestions which we have not thought of in the Department and have not been thought of by the NTA, the Garda any of the other stakeholders or the operators themselves, let us have them and let us include them because the complications in addressing this issue have been somewhat surprising and it has not been as simple as it seemed it was the day that I accepted Deputy Munster's amendment in the Dáil.

Equally, I am conscious of the intentions of the Dáil as expressed in the adoption of Deputy Munster’s amendment. I share deep concerns about the hazards of rickshaws. Regulation could be effective if implemented using comprehensive and tight controls, but this would come at a cost. Given the very small proportion of the market being served by rickshaws, the preferred approach would be to opt for an outright ban. It is believed it will achieve the desired outcome of improved public safety at a proportionate cost for the taxpayer.

However, this option is not entirely without obstacles. My officials are engaging with the Office of the Attorney General to consider the blockages which might arise with the preferred approach, including how best to weigh and balance private interests in the context of the public good.

Members here will say that legal advice causes delay. It always does, but I will not introduce a law which is subject to challenge because then, rightly, I would be told I had rushed it in circumstances where it was not essential. I know that I need to be clear, not only that the right decision is being made but that it is being made in the right way and that it is legally viable.

Once consultations with the Office of the Attorney General are complete, I expect to be in a position to finalise and announce my decision before the end of this Dáil term. In the meantime, I wish to put the rickshaw sector on notice that, whether by regulation or prohibition, the days of indulging a reckless activity that appears to be running amok are coming to a close.