Dáil debates

Thursday, 25 March 2010

4:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

There are people who have criminal records who apply to the authority. The latter was given independence to exercise its functions on the basis of the criteria laid down in the legislation. I understand that the authority exercises discretion when deciding whether to issue a licence to a person with a criminal record. In doing so, it takes into account: the nature and seriousness of the offence involved; the length of time since completion of sentence; the overall interests of the public good; the relationship of the crime to the purpose of requiring a licence; the age of a person when the offence was committed; the conduct of person before and after offence; and evidence of rehabilitation.

As already stated, there are those with convictions who possess licences. The figures indicate that 50% of such convictions relate to motoring offences. Unless there is a particular reason people with convictions of that nature should not obtain licences, I do not believe they should be regarded as undesirables. However, that is a matter in respect of which the authority must make a decision.

I understand the authority has been investigating applications for licences made by individuals with convictions for more serious offences. I understand that the number of such applications is 386 and, to date, 112 of these have been refused. People are, therefore, being refused licences on the basis of their prior criminal records. Just because someone possesses a criminal record, however, he or she cannot be refused a licence per se. Obviously, the authority must decide each case on the basis of its merits.

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