Timmy Dooley (Clare, Fianna Fail)

It is like many of the votes I needed on the last occasion; they were not transferred as one would have wished.

I spoke about the potential impact of the budget and further cost increases on the road haulage business. In recent weeks, I spoke to tour bus operators and their representatives throughout the country. They, in addition to hauliers, have expressed very serious concern over the Government's expected decision to increase the rate of VAT on diesel. They referred also to other potential increases, for example, increases in the duty on diesel and the rate of carbon tax.

The operators have made it very clear to me that rising costs will have an impact on the dispersal of tourists around the country. As the Minister is well aware, Dublin Airport is the entry point for many tourists. They use the capital as a base and then take bus and coach tours to various destinations. Some of these tours are one day in duration and others are longer. There is real concern in the industry that if the cost of travel increases, there will be an impact on tourism activity, including regional tourism. The Minister, who is responsible for tourism in addition to transport, has a role in making the case to ensure the appropriate dispersal of tourists around the country. He will be familiar with the Cliffs of Moher in the constituency with which I am most familiar. It is often a disappointment for tourism operators in the region that people travel there on a day basis. This has been the case for some time. It is, however, better than their not travelling to the region at all. Any increase in cost will have an impact.

The tourism sector is concerned that any additional cost, including a regulatory cost, that may arise from this Bill will have an impact on the coach tour market, which constitutes a separate category within the sector. For this reason, I ask the Minister to review this Bill and any other to come before the House to ensure there will not be a greater burden of cost imposed on a sector that is already under pressure. If the policy of this Government is to corral the bulk of tourists into the capital city, it is going the right way about it by making national tours cost prohibitive.

I return to the provisions of the Bill. The Schedule sets out the exemptions from the requirement to have a licence. The list appears to be quite exhaustive but when one compares it to the list in the current A Guide to Road Haulage Operator Licensing, one notes some that are not in the legislation. The guide states that a road haulage operator's licence is not required if one proposes to carry, in the State only, the following goods: cattle, sheep, pigs, turf; livestock by farmers for neighbours locally; milk to a creamery or a cream separating station; separated milk from a creamery or cream separating station; milk containers to or from a creamery or a cream separating station; newly harvested wheat, oats or barley during the period 1 August to 30 November. These are provided for in the existing guidelines but there is no reference to them in the Bill. Does the Minister intend to table an amendment to include them? Am I to take from their omission that they are no longer covered? Will the Minister clarify this?

Sections 2 and 3 set out the obligation on the operator to inform the Minister of convictions of certain named individuals in the sector. This only applies to passenger transport operations. Why is this the case? The Minister sets out the offences very clearly. They include murder, manslaughter, certain non-fatal offences against the person, drug trafficking, human trafficking, money laundering, certain sexual offences, certain firearms offences and aiding and abetting perpetrators of all these offences. This is a reasonably exhaustive list of the serious crimes the Minister has rightly identified as not being helpful in establishing the repute of certain important players in the passenger transport industry, be it the transport manager, director or other individual. A driver comprises an integral part of the industry. While the Minister clearly states the necessity to notify the authorities of certain convictions in respect of transport operations, he does not do so in respect of road haulage operations. It is not beyond the realm of possibility for a convicted owner-operator or director of a road haulage company to resign as a director and then become a driver. I presume there is a good reason this is possible. Will the Minister outline it?

Section 3 sets out the obligation to inform the operator of certain convictions. The requirement is imposed on the individual concerned, be it the transport manager or otherwise. I would have believed a driver would also be obliged to inform the operator of any convictions he might have. While I accept the requirement applies in respect of passenger transport operations, it does not apply in respect of haulage operations. Why can the provision not extend to hauliers of goods? Ultimately the Minister has discretion in section 4 to refuse or withdraw a license based on the good repute, or otherwise, of the operator. In the event of a failure to establish the operator's good repute, and when there is no obligation on both the driver and operator, the Minister will not be in a position to establish the full bona fides of the operator and driver. Will the Minister clarify why a driver who transports goods is not seen as an integral part or major component of the operation? I cannot understand why that is not the case and am, therefore, clearly missing something.

Concern has been raised over own-account operators. Approximately 60% to 70% of haulage vehicles are owned by such operators. They engage in the transport of their own goods with their own vehicles and are, therefore, not subject to the provisions requiring that one have a licence. There is a view that some of the bad publicity associated with the haulage sector is associated with the own-account sector based on the supposition that inspections of own-account operators and vehicles are not as rigorous as they might be. Has the Minister any plan to introduce a licensing regime for the own-account sector? I understand that, in other jurisdictions, legislative provision is made for the licensing of own-account operators. It is not a huge issue but it is a question of ensuring uniformity of approach to safety regulation and management. I would be grateful if the Minister addressed the concerns I have raised. While I have certain concerns about the Bill, I do not intend to delay its passage and will assist in whatever way I can. If the Minister can assure us that the gaps we have identified will form part of the Bill he has proposed to introduce at a later date, we will accept his commitment. I also ask him to indicate when he proposes to bring that legislation before the House. Time is of the essence, particularly in regard to the issue of cabotage and the distortion of competition among Irish road hauliers.

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