Alan Kelly (Tipperary North, Labour)

I propose to take Questions Nos. 12, 17, 26 and 56 together.

The Government-endorsed taxi regulation review report published last month contains 46 separate actions aimed at improving standards, administration and enforcement within the taxi sector. The broad aim of the report is to increase consumer confidence in the sector and to remove rogue elements therein. We also want to ensure that legitimate and professional taxi operators and drivers can be rewarded fairly by operating under a regulatory regime that is adequately enforced.

The National Transport Authority, NTA, is the lead agency with responsibility for the implementation of the review recommendations. The NTA will make progress reports quarterly to the Taxi Advisory Committee established under the 2003 Act and in its annual report.

Section 3.5 of the report provides an overview of enforcement and compliance matters and refers to a number of legislative changes that will be necessary to strengthen enforcement. Among the issues mentioned is amendment of section 36 of the Taxi Regulation Act 2003 by way of new legislation to be enacted in 2012 that will provide for mandatory disqualification of persons convicted of serious criminal offences from operating in the industry. In addition, the commencement of section 35 of the 2003 Act will allow for a strengthened sanctions regime for suspension or revocation of licences. Improvements regarding on-street compliance will be assisted by enabling the Garda to prosecute in respect of 12 fixed-charge penalty offences through enhanced collaboration between it and the NTA.

As necessary, complementary secondary legislation will be made by the NTA under section 34 of the 2003 Act to clarify the sanctions regime for licence holders. The potential for suspension of a licence subject to certain criteria of breaches of regulations will be examined.

The approach to enforcement and compliance, as outlined in the report, reflects an intensive examination of the area by the review group, which included representatives from the Department of Justice and Equality and An Garda Síochána. Vetting of taxi licence applicants, including those who were resident overseas, will continue to remain the responsibility of An Garda Síochána. The proposed mandatory disqualification provisions will enable corresponding offences committed in other jurisdictions to form part of that disqualification process. Regarding the matter of individuals from overseas, it is envisaged that section 36 of the Taxi Regulation Act 2003 will be amended so as it will apply to people with convictions in other jurisdictions.

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