Seán Kenny (Dublin North East, Labour)

Road transport in Ireland is governed by a number of Acts dating back to 1933, as well as by a wide array of national regulations and EU legislation. The Department of Transport, Tourism and Sport is conducting a review of all this legislation with a view to bringing forward an updated and comprehensive road transport Bill to replace the existing Acts and set the direction for road transport policy in the coming years. It is hoped to do this in 2012.

The legislation before the House is largely technical, the reason being that it is required to be enacted by 3 December 2011 owing to the coming into force of new EU regulations for road transport operators on 4 December. These new regulations are replacing a previous EU directive and because of this some matters previously provided for in national secondary legislation must now be provided for in primary legislation; that is the reason the Bill needs to be in place when the new EU regulations come into force.

Licences are required for road transport operations providing road haulage and road passenger transport services for hire and reward. Vehicles operating as part of the fleet of a business, for example, a fleet of vans for a supermarket, do not require one of these licences. Road haulage licensing requirements apply to haulage operations in heavy goods vehicles, while road passenger transport licensing requirements apply to vehicles carrying more than eight passengers. Certain activities are exempt from the requirement to have a licence such as carrying mail, refuse and waste and also transport connected with funeral services.

Licences can be provided for national activity only, or for international activities which also include national activities. The key criteria are that one must be of good repute, good financial standing and have professional competence. From 4 December establishment in the State will be a formal requirement, although it already applies in practice.

Road transport is very important to the economy 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 have the assurance that the operators they engage 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 in terms of safety on the roads.

I pay tribute to the Irish Road Haulage Association. In 2008 I was chairperson of Dublin City Council's transport policy committee when the Dublin Port tunnel was opened and the council's heavy goods vehicle strategy was implemented. The Irish Road Haulage Association was a member of the policy group. It co-operated fully with the city council in implementing the heavy goods vehicles strategy which excluded five-axle heavy goods vehicles from the city centre, or from within the canals. The strategy has contributed to better quality of life in the city in that more road space has been freed up for public transport, other vehicles, cyclists and pedestrians. This has been borne out by the considerable reduction in the number of fatal accidents and injuries since the opening of the port tunnel. Although the Irish Road Haulage Association had a difficulty with the strategy, it agreed with its implementation. This must be recognised.

Let me draw attention to a very important aspect of the Bill. The Bill reintroduces the existing provisions relating to the good repute of applicants and holders of licences, specifically in regard to taking into account serious and violent convictions such as convictions for murder, drug trafficking, etc. The safety of those who travel on buses is extremely important. I refer, in particular, to children on school buses. It is important to women and other vulnerable persons who travel on buses that the driver be of good repute. The enshrining of this provision in the legislation is to be welcomed.

The Bill extends the list of positions within a passenger transport operation to which the criterion in respect of the good repute of applicants applies to include directors, business partners and drivers. The fitness and suitability of operators is one of the key criteria to be met in obtaining and holding a licence. I welcome this provision and support the Bill.

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