Clare Daly (Dublin North, Socialist Party) | Oireachtas source

This is a very important issue and the livelihood of many citizens depends on the taxi industry. There are many people employed in it and a large proportion are in an incredibly precarious economic position because the industry is under pressure. I do not want to repeat all the points made in the debate so far, but some of them must be emphasised. As many of the full-time taxi organisations and representative groups are concerned that they were not adequately consulted in drawing up the Bill, we must take such factors into account. I agree with the point that there is probably an exaggerated focus on regulation with regard to criminal behaviour in the industry, with the emphasis on cleaning up the industry. That is somewhat unfair on hard-working and honest taxi drivers who work long hours. Nobody objects to an emphasis on public safety and cleaning up any area of society but we must be measured and bear in mind the fact that criminal activity in the industry is relatively low. We can have procedures for vetting, etc., but implementation is a factor. It is interesting that we had the input of the Garda Ombudsman last week on the Kieran Boylan case, as in that instance the Department of Transport, Tourism and Sport sought information from the Garda on the individual applying for a haulier's licence. The Department was told the person had no convictions, which was a false statement, and so he was given a licence. We are discussing procedures for vetting taxi drivers but we must be confident that the gardaí who furnish much of the information are sure of their facts and that there is a transparent procedure for overseeing matters. I know of some people who may not have a criminal conviction but have had some difficulties with members of An Garda Síochána and have, as a result, found it difficult to get a taxi licence because of objections made without a sufficient basis. On the one hand, it is absolutely important to deal with criminal behaviour, but on the other, we must have a balanced approach in taking into account the state of the industry.

The key issue facing the industry is not criminality but rather the problems of full-time drivers struggling to make a living in an oversupplied market against the backdrop of a very unfavourable economic climate. In that sense, the Bill does not go far enough in regulating the industry. Many of the complaints from groups that submissions were ignored are legitimate. The biggest concern of taxi drivers - and many others - is making ends meet against a backdrop of austerity. It is that bit harder for taxi drivers because of oversupply in the industry arising from deregulation and the serious problems caused for full-time drivers. Statistics have been given detailing how Dublin has more taxis per head of population than New York, with 11,000 taxis in Dublin in 2010. That was a ludicrous position that would substantially compromise a taxi driver's ability to make a living.

We have all heard truly heartbreaking stories of people trying to make ends meet. There are drivers who get up in the middle of the night, leaving a spouse in bed, to drive around the streets and pick up a single fare that would hardly cover the price of petrol. I got a call to the office a while ago from a person who told me he had had just one fare in an eight-hour shift, and it had cost him more to go to work than the pittance he earned with the fare. After spending eight hours away from his family, he almost felt like ending it all because he was struggling so much to make ends meet. I am not overplaying the point, but the incidence of suicide in the taxi industry has been well documented by the Samaritans, as the drivers find it so difficult to make ends meet.

The biggest culprit in this has been deregulation, but there is also the issue of increased fuel costs and the cost of complying with national car tests and other regulations against a backdrop of difficult economic times. We need to take cognisance of the issue. Taxi drivers almost have it worse than anybody else in many ways and although people may think drivers only say this, it is true in many respects. For example, taxi drivers are reliant on a tax compliance certificate and are unable to work unless they furnish evidence that they have paid the home tax. That is a double whammy when they are not making enough money to live. The Bill does not give enough attention to such pressures.

In attempting to re-introduce some form of regulation the Bill has caused some problems which have been highlighted already and need to be addressed. These include the ban on the transfer of licences, the age limit for vehicles and the proposed introduction of the penalty points system. All of these need to be examined as the Bill progresses.

The taxi licence has been an asset for drivers and it will be devalued. It cannot be passed on to a family member and this, it has been argued, is a discriminatory measure. Other licence holders such as publicans are not prohibited from transferring licences but can sell them on as part of their property. This cannot be done with taxi licences which does not give rise to an even playing field. A taxi licence is for a vehicle and not a driver, so the answer given previously by the Minister of State that this is being introduced to ensure suitability of the driver is not correct. Driver suitability relates to the PSV licence but this is with regard to the vehicle. In this sense the Bill possibly gives the Minister of State the power to implement and issue another set of licences over which we have no say.

An issue which has received a good airing in the debate, and justifiably so, is that of wheelchair accessible taxis and disability. This is very much centre stage for several reasons. Those experiencing disability have suffered a huge number of blows, including with regard to the mobility allowance, and in recent weeks we have had a European Court of Justice ruling that Ireland's subsidy and refund of excise duty to disabled drivers for fuel is potentially unlawful, which is another potential undermining of disabled drivers. This is a very serious blow to this sector of society. When we say we want an integrated society we need to give disabled people the means to get around and have a free flow of movement.

The fact there has been such a substantial decrease in wheelchair taxis in the fleet will be compounded by the Bill and we must address this. The age limit on vehicles will make it more difficult. In 2009, 8% of the fleet was wheelchair accessible and last year it was less than 5%. The age limit on vehicles will mean taxi drivers will be driven off the road. Many people find it very difficult to find the means to replace a wheelchair accessible taxi, which is hugely costly. Already they must undertake two tests to determine the roadworthiness of the vehicle. If these tests are passed why should the vehicle not be allowed to continue on the road? Everybody is in favour of safe vehicles but why should a taxi driver, who adapted a taxi number of years ago, paid heavily for it, maintained it well, looked after it, paid for the tests and kept it on the road, have to find tens of thousands of euro to replace the vehicle simply because it has become too old when it may be more roadworthy than a vehicle of a lesser age? There must be a scheme to assist service providers to replace such vehicles. If we do not have an incentive to deal with the area of disabled access in taxis we will have a problem. A problem already exists and the danger is the Bill will exacerbate it. We must consider this from the point of view not only of taxi drivers who own the vehicles which are getting older, but also the section of society which relies on taxis with disabled access.

Deputy Broughan made the point the penalty points system is being considered and the Minister of State seemed to indicate he will amend this. It has been a huge cause for concern that people feel they may be penalised for minor transgressions and could have their licences suspended based on receiving eight points without any clarity in terms of social welfare. The Minister of State has said he will address this with regard to appeals. Particularly in light of recent publicity about the general penalty points system and areas of discretion allegedly being applied, there needs to be a very transparent and open system with regard to any punitive measure which is supposed to be a corrective or disciplinary mechanism. This must be addressed. The thought of it has made the situation worse.

Many good points have been made and I will not labour them or repeat them. Taxi drivers fulfil an important public service. They provide a vital connection in the cog of free movement of people, not least those with disabilities. They work very long hours to make a modest living in very difficult situations and improvements in regulation need to be made, probably beyond what is proposed in the Bill if we are to be respectful and truly attentive to the difficult situation in which they find themselves against the backdrop of austerity.

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