Fergus O'Dowd (Louth, Fine Gael)

This is an important, serious and disturbing case, at the heart of which lies the failure of the Government and the Departments of Transport and Justice, Equality and Law Reform to do their job. The Government, through those Departments, has failed to protect the public. As Deputy Costello stated, drugs destroy families and communities. It is unforgivable that Ministers failed to ensure adequate protocols were in place to check the records of those applying for international haulage licences for evidence of criminal convictions. The Government failed utterly to carry out such checks and also to protect the public. As a consequence, the drugs that were imported to this country via our ports - on lorries and by other means - will destroy many lives in the communities in which we live. The Government is has utterly failed with regard to its duty of care in this regard.

The litany of circumstances and situations relating to this case is unbelievable. For example, how can an applicant for an international haulage licence conceal the fact that he served a nine-month sentence in England in 2001 or that he had a conviction for dangerous driving in respect of which he had been disqualified from driving for two years? How could this individual be granted an international haulage licence before the end of his two-year driving ban? This man did not disclose that he had an existing conviction for dangerous driving. However, the authorities failed to uncover the relevant information in that regard. How in the name of God did he obtain the licence?

Why are applications for haulage licences not automatically referred to the Garda for its approval? Why was this man's licence not withdrawn by the Department of Transport in 2004 when, following a complaint, his previous convictions - including that relating to dangerous driving - came to light? The regulations are clear in this regard and state that such an offence will result in an automatic disqualification. The Department knew the position but did not disqualify this man and he continued to drive and carry out his business. Who is protecting this individual?

Good repute checks were carried out in respect of this man in 2006 and 2007. We have not been informed with regard to why these checks were carried out. The report we received does not comment on this aspect of the matter. Why did the Garda not respond to the Department in respect of the check carried out in 2006? How can such a failure to respond be acceptable? This gentleman is a convicted drug dealer who was sentenced in the Central Criminal Court in 2006 to five years in prison, with two years suspended. In such circumstances, how was it possible for him to renew his international road haulage licence in 2008?

The regulations to which I referred earlier clearly indicate that any person who has been charged with an indictable offence is not fit to hold an international haulage licence. However, such a licence was issued. This man had a conviction for dangerous driving but was still granted a licence. He had been convicted of an indictable offence but the Department gave him a licence and then did not revoke it.

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