Peter Fitzpatrick (Louth, Fine Gael)

I welcome the opportunity to speak on the Road Transport Bill 2011. This Bill not only supports the previous legislation but also enhances it with three new additional provisions. It is these new stronger measures, allied to the maintenance of selected previous provisions, that I feel make this excellent legislation.

A strong and competitive road transport sector is important for the economy, and the road transport legislation has to support that by setting standards, influencing positive and responsible behaviour and eliminating financial gain from non-compliance by setting effective deterrents. In these times of economic challenge, there is a greater need than ever to reward compliance and set both strong deterrents and even stronger penalties for those who wish to disregard regulations. The people concerned who decide on their own to act outside the confines of the law are undermining the recovery and efforts of this country to regain its rightful competitive position.

Road transport is very important to the economy, both in terms of the movement of goods and people as well as being a significant employer. High standards in the sector and the good reputation that goes with them are important for our economic competitiveness. It is important that the public has the assurance that the operators it engages are licensed, safe, reliable, and amenable to the law. It is also very important for legitimate operators that they are not undermined by those operating either without licences or without complying with the licence standards, including safety on the roads.

The first of the three new provisions relates to strengthening the criteria of good repute for applicants and holders of licences, particularly taking into account serious and violent convictions. The fitness and suitability of operators is one of the key criteria for obtaining and holding a licence. For example, if an applicant were to have a record which contained certain convictions or penalties relating to road safety, breaking health and safety legislation or smuggling, this would raise questions about good repute in a road transport business and potentially give grounds for refusing an application or withdrawing a licence. It is hard to see how this would not be of benefit to the process. Any convictions relating to a range of serious and violent offences such as murder, human trafficking, firearms offences and drug trafficking also have a direct bearing on good repute. It applies whether the offences were committed in Ireland or in another jurisdiction, and failure to provide this information in an application will be an offence. As a result, this legislation has an inclusive element and will ensure greater transparency and co-operation among European states.

The second addition relates to the greater accessibility of information in the national register of licensed operators by enabling details to be published on the Department's website. Currently this information is available for public inspection but is not published online. By publishing it online, accessing the information will be easier and the public will more easily identify if a particular operator, large or small, is currently licensed and if the vehicles being used are authorised on the licence. This could also mobilise the public to assist An Garda Síochána, which enforces road transport legislation.

The last aspect deals with significantly increased deterrents. It increases the penalties for unlicensed operators and provides for new offences relating to the use of a vehicle not authorised on a licence, forging or altering licence documents, and claiming to be a licensed operator when that is not the case. For example, the current maximum penalty for operating without a haulage licence is €6,350, with no prison sentence. This penalty dates back 25 years and it is proposed in the Bill to increase the maximum fine to €500,000 and-or a prison term of three years. Another provision will make operating a vehicle not authorised on an operator's licence subject to a fine of up to €500,000. These and other provisions will send a clear message of support to those operators who are compliant with the law and legally licensed, and will represent a significant deterrent to unlicensed operators and those who flout the law.

As with all good legislation, those who are compliant with the law and have nothing to hide should not be fearful. However, those who chose to disregard the institutions and laws of the State should and will have a lot to fear from the Bill. I have no hesitation in recommending it to the House.

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