Finian McGrath (Dublin North Central, Independent)

I thank the Leas-Cheann Comhairle for the opportunity to speak on the Bill. Before I go into the detail of the legislation, I must say the recent Cabinet decision to exploit the principle of our quality bus corridors for ministerial car use is totally off the wall. It is out of touch with the real world and it is an arrogance which shows how out of touch some of these Ministers are. While I take the point that the Minister, Deputy Varadkar, opposed it, we should all put down a marker on this issue.

There is an urgent need for common sense in the context of the debate on this Bill and other debates on the transport issue. It is an important debate as the whole issue of transport is an important part of our recovery, particularly getting the right infrastructure and, specifically in regard to the Bill, the right operators. Let us remember in this debate that good practice has to be top of the political agenda. When we examine the details of the Bill, we can see the issues emerging, as some of my colleagues have noted.

The purpose of the Bill is to amend provisions in the Road Transport Acts, first, to give effect in primary legislation to a number of issues which are currently provided for in regulations but which will be affected by the coming into force of EU regulations and, second, to make provision for amendments to the so-called good repute aspects of road transport. I want to focus on section 2, which deals specifically with the obligation on the operator to inform the Minister of certain convictions. This requires an applicant or licensed operator to inform the Minister of certain serious convictions which apply to the operator, certain specified positions within the operation and to drivers with passenger transport operations. Serious convictions, whether in Ireland or in another jurisdiction, are the following: murder; manslaughter; certain non-fatal offences against the person; drug trafficking; human trafficking, which has not been raised so far in the debate; certain money laundering offences; certain sexual offences; firearms offences; and aiding and abetting the above.

This is an important section. I have major concerns and strongly support it because of my experience of the drugs issue in particular and the transport of drugs into this country. We have a major crisis whereby drugs are smuggled into the country in containers, vans and even potted plants, which is appalling. This must be highlighted and I am glad it is being dealt with in the Bill. There is also the issue of people being intimidated to carry drugs in their small business operations, which leads to crises within families and within communities. A family member is told that if their van or truck is abroad, the person had better bring a load of drugs into Ireland, or else. That kind of situation must be dealt with.

I welcome and strongly support the Sinn Féin amendment as it deals with a seriously different situation. We have made the Good Friday Agreement and we must stick to the reality of it. In terms of peace building in this country, I see the amendment as part of the conflict resolution process. I know there are people, particularly in the Twenty-six Counties, who have still not got over the fact we have the Good Friday Agreement and the peace process, and that we have people on this island working hard every day to ensure they deliver on that process. The recent presidential election highlighted for me that there is a mindset in the Twenty-six Counties that has a long way to go before we start developing conflict resolution and peace making on the island. The Sinn Féin amendment deals specifically with this.

I know many ex-prisoners, in particular some who are involved in the education sector, and I know the work they do in community and voluntary groups in the area of education and special needs. I welcome the massive contribution to their country and society of ex-prisoners from the conflict in the North whom I have met in the past ten years. Some of them have gone on to attain very high standards in third level education, with some becoming doctors and so on. They have made and still have a major contribution to make to this country. I strongly support this important Sinn Féin amendment.

I referred to human trafficking, the discussion on which has gone quiet in the past year or two but which was a major problem some years ago when large sums of money were taken from poor families from abroad who wanted to get into Ireland during the Celtic tiger era. Some of the incidents and cases, where people were squashed into containers and trucks, with some family members dying owing to lack of oxygen, were shocking. We must be able to deal with such cases and ensure that those responsible do not get licences under the legislation.

Crime is a huge issue in the area of transport, particularly in regard to drugs and human trafficking. We must all be vigilant in this regard, in particular the Department of Transport, Tourism and Sport, the Garda and Customs and Excise. There are still major problems, with huge gaps that have to be plugged. I see this debate and the Bill as part of that, but the rest is down to hard work, effective implementation and good practice. We must have the right people in the right positions to implement the legislation. We all know there are very serious people still at large, and it is a very complex and dangerous issue.

As I mentioned, the drug gangs exploit the transport industry and intimidate transport workers, and many innocent people have suffered. I know of a case in which an innocent man with a family was detained in France because drugs had been found in one of his lorries. He took the hit and was locked up for months before it was eventually proved that somebody else was involved and that he had been set up. The tragedy and harm caused to his family and business was very upsetting for them.

On the points made about Dublin Bus and Iarnród Éireann, when people make mistakes, it is important that they accept responsibility for them and that there is accountability. I accept this, but I do not go along with the argument that everything in the private sector is rosy and that everything in the public sector is bad. What we need in this modern society is good practice in the public and private sectors. I strongly believe these are the issues we also have to examine.

Deputy Shane Ross made a valid point about the Minister's powers being open to political abuse in the future. He was not hinting at the Minister, Deputy Varadkar, in this respect. However, there were people who had a dodgy record and there are people who could be open to exploitation. I also take the point that people could be damaged because of their political views.

Section 10 deals with the issue of purporting to operate other than in accordance with the operator's licence. It prohibits a person from advertising himself or herself as a licensed haulier when, in fact, he or she has no such licence. We must have certain standards in this regard.

Section 15 deals with prosecutions and body corporate offences. It restates the existing standard provision relating to offences by bodies corporate. It also provides that under the Bill an offence may be prosecuted by the Minister or the Road Safety Authority. It is important that the Road Safety Authority is mentioned in regard to this issue because of its the major influence and impact on transport issues.

The overall objective of the Bill is to maintain in place current provisions relating to the licensing of transport operations for hire and reward. I look forward to future legislation to be brought forward by the Minister. I urge him to deal with the competitiveness issues, about which he spoke. If we had better standards in this sector, there was easy availability of information on licensed operators, this would contribute to increased competitiveness in the State. One of the tactics that will help us to get out of the economic crisis is improving our competitiveness, particularly as regards the operations of those directly involved in these small businesses.

When the Sinn Féin amendment to the Bill is proposed, I will strongly support it. The party has a valid point. We need to recognise that we have all moved on. There has been a major change in this country in last few years and we need to bed down the peace process once and for all.

I welcome the Bill and thank the Leas-Cheann Comhairle for allowing me this opportunity to speak to it.

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