Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I move amendment No. 4:

In page 11, between lines 1 and 2, to insert the following: “(c) in section 22(2)—

(i) by the substitution of the following paragraph for paragraph (b):

“(b) shall be accompanied by—

(i) evidence, in accordance with regulations made under section 42(2)(cc), that the person has a legal right to reside in the State,

(ii) any—

(I) certificate of competency,

(II) certificate of fitness, or

(III) medical report, required under regulations under this Act, and

(iii) the fee payable on the taking out of such a licence,”, and (ii) in paragraph (c), by the substitution of the following subparagraph for subparagraph (i):

“(i) where required under regulations under this Act, a recent photograph of the applicant, and”.”.

These amendments arise on foot a desire for us to be able to issue licences to people, for example, to refugees who are in the international protection programme. People might be aware of the Landsberg case, which was before the High Court last November. The court gave a clear direction in that case, and we are very happy to follow it. These amendments give a person, on showing his or her temporary residency certificate or right to it on arriving in the country, the capability of accessing a driving licence. In circumstances where a person might be in the protection process, and who, thankfully, will now be able to work, this will ensure that if he or she can drive and meets all the other requirements, he or she will be able to access a licence.

There is another series of amendments. I will not go into all the details but the amendments before us set out how that will be allowed. The amendments provide for the endorsing of a licence, for a member of the Garda Síochána to retain a licence and forward it to the Minister if it is revoked and for certain provisions under the relevant Act that apply to learner permits to also apply to driving licences. The key intent of these legislative amendments is to make provision in law for the consequences of the Landsberg case and to provide for people in the international protection process to obtain licences.