Alan Kelly (Tipperary North, Labour) | Oireachtas source

The Taxi Regulation Bill 2012, published last December, is a major step in the process of implementing the recommendations of the taxi regulation review report published earlier last year.  In line with the recommendations of the review report, the Bill restates and strengthens the proportionality of the existing legislative provision for mandatory disqualification of persons convicted of serious criminal offences from operating in the industry. The provisions of the Bill will ensure those with convictions on indictment for the most serious of violent crimes will be excluded from the industry. The specification of offences to which mandatory disqualification applies is based on the principle of ensuring the welfare and the safety of passengers, particularly in situations where a passenger is travelling alone in a taxi.  Because of the serious consequences of mandatory disqualification it can only be applied in narrowly defined circumstances relating to very serious crimes.

Furthermore there are inbuilt safeguards in the Bill to ensure that the effect is not disproportionate. Specifically, there is a right of appeal under which the appropriate court can review a range of matters pertinent to the suitability of the appellant to be a taxi driver. 

The Bill was the subject of consultation with Government Departments including the Department of Justice and Equality prior to its publication in December of last year. In addition, there was a representative of that Department on the taxi regulation review group. During the course of preparation of the review group report on the Bill the issue of the Good Friday Agreement did not receive any special attention.

I do not consider that it would be appropriate to include any particular reference to that agreement in the Bill.  The question of whether any measures relating to former prisoners should be provided for in law in arising from the provisions of the Good Friday Agreement is one that extends beyond the specific issue of taxi licences. The Minister for Justice and Equality recently introduced the Criminal Justice (Spent Convictions) Bill 2012 which has been passed by the Seanad and is now to come before this House. That Bill provides a more appropriate context for consideration of issues arising from the Good Friday Agreement. To my knowledge, however, no amendments relating to the Good Friday Agreement were proposed in the Seanad. 

In any event, I am satisfied that the provisions of the Taxi Regulation Bill are fair and balanced.  Under the appeal procedure provided for in the Bill,  the courts can determine if there are mitigating circumstances such that mandatory disqualification should not apply in a particular case.  

The courts are the best placed to make the kinds of judgements required which would have to be assessed on a case by case individual basis.

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