Thomas Pringle (Donegal South West, Independent) | Oireachtas source

Nineteen would represent a big improvement. However, for a country of this size there is no way it will be possible to enforce regulation in that industry. Existing hackney licence holders should be able to tender with the rural transport companies. The payments can then be arranged with the rural transport companies. Hackney licence holders in rural areas are struggling and barely making a living as things stand.

The difficulty in making a living leads me to a matter not addressed by the legislation, which is the oversupply of taxis in the country. While it is difficult to make estimations, the Indecon report estimated that the oversupply could be as high as 22%. Based on what I see in Dublin I believe that is an underestimation of the oversupply. We all remember the complaints in 2001 and 2002 about the lack of taxis in Dublin. Then we had deregulation and the supply exploded. It is an example of market failure at the other end where the market has failed due to oversupply and has not been able to rectify itself. It would be an interesting study for some economist to figure out how to adjust for market failure in the other direction. We always talk about market failure being a lack of supply but we now have a complete oversupply. While it is not covered in the Bill, it needs to be addressed.

I know that the whole country is now effectively a taxi-meter area and taxis from rural areas can come in and operate in Dublin at the weekends etc. They will go where the business is and try to make a living. That further highlights the difficulty taxi drivers have in making a living as things stand at the moment. We cannot rely on the recession to deal with it because when the recession is over and things improve again, the supply will explode again. I do not know how it can be addressed but it needs to be considered on a longer-term basis.

I agree with the Bill's provisions to exclude people from getting PSV licences based on past convictions. I cannot understand why the provisions in the 2003 Act were never implemented because potentially a sex abuser or rapist could be plying his trade as a taxi driver, which makes no sense. I take it that will be implemented rapidly on the passing of the legislation. I have one note of caution. Existing taxi drivers who lose their licences under this provision can opt to go to the courts to have the licence reinstated if they show their good character in the intervening period since their convictions. However, it should be possible to have a system that is not as costly as going to the courts to have that right vindicated. Particularly in the transition period where existing taxi drivers lose their licences we should provide that a judge, a barrister or someone else could hold a review and make the decision on that basis rather than requiring that they go through the courts to have the right vindicated.

I agree with the assertions of the Sinn Féin Deputies about the provisions of the Good Friday Agreement and the former combatants who would be excluded under this Bill. There may be an obligation on the State to make some provision for that. That should be addressed.

Moving the licensing to the NTA and away from the Garda and the Carriage Office streamlines the process. However, the Bills digest for the legislation referred to concern that has been expressed relating to the Criminal Justice (Spent Convictions) Bill that is on Committee Stage in the Dáil. It specifically states that its provisions do not apply to applications for licences under section 34 of the Taxi Regulation Act 2003. Owing to timing constraints it might not be possible to address that in this Bill, but it should be addressed and people with spent convictions should not have to disclose them when applying for taxi licences.

I agree with the introduction of a demerit system. I have already mentioned the lack of enforcement officers, which is a problem we have throughout Irish society. We are great at making the laws but terrible at enforcing them and we do not commit to the enforcement. I know the Bill provides that the NTA can enter service agreements for the enforcements. I have concerns about that. The outsourcing of enforcement is a retrograde step and we should have a system that is financed through the licence fees with our own enforcement officers. We should not outsource more enforcement. We have outsourced speed cameras and we will probably privatise and outsource the Garda at some stage in the future, which is not the way to go. That is a philosophical point of view I have.

See this speech in context