Alan Kelly (Tipperary North, Labour) | Oireachtas source

I cannot accept these amendments, as the Deputy is well aware at this stage. We have been around the houses on this point, on Second Stage, on Committee Stage and on a few radio stations. These amendments seek dispensation in the Bill for those convicted of offences covered by the terms of the Good Friday Agreement. It is simply not inappropriate for me to specify such an exclusion in the context of the proposed legislation. This is a Bill dealing with taxis. Section 10 of the Bill provides for the consideration of such offences in the assessment of suitability of a licence applicant or licence holder. Sections 30 and 31 concern mandatory disqualification for conviction for the most serious of offences and an obligation to notify conviction for these offences to the licensing authority.

The point at issue in the taxi legislation is the safety of passengers who are in a vulnerable position in a taxi. Nevertheless, because of the restriction this places over the possibility of persons to participate in the industry, the grounds for mandatory disqualification is, for legal reasons, narrowly defined. It is not possible in legislation to seek to further define instances where there may be mitigating circumstances that justify the non-application of the disqualification. That is why the Taxi Regulation Bill makes specific provision for an appeal to the courts on mandatory disqualification so that exceptions are possible where the courts determine it is appropriate. The courts are positioned to make that kind of judgment.

Under section 30(10), in determining whether to grant or refuse such an application, the court can have regard to any matter that the court considered relevant. I am not prepared to accept an amendment to the Bill to give special treatment to one category of convicts. If there are grounds for special treatment, the courts can deal with it.

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