Alan Kelly (Tipperary North, Labour) | Oireachtas source

To be fair, the Deputy has acknowledged the fact the Bill is dealing with all the issues he raised. They need to be dealt with, although I will not go over our history of lax regulation. I will not look to make political points or deal with individuals who had to look after regulatory affairs. It was an absolute mess and this legislation will work hand in glove with regulations that are to be introduced. I accept the frustration felt by many in the industry and the work cannot be done overnight. We must work within the law, and as Deputy Dooley mentioned, there are constraints relating to legal issues and European and domestic competition laws etc. The qualitative changes will incrementally overhaul this industry and enforcement will happen. I have dedicated two years of my life to ensuring that this industry will be completely cleaned up. In many ways I would like to have done this differently but one must work within the framework of the laws of the land and adhere to European laws as well.

The taxi driver working in Galway operating out of Sligo obviously has a licence to operate in Galway and must have passed the local test. Otherwise he should not have been operating outside Sligo. The Deputy detailed the issue concerning a gentleman with multiple cars and all the legislation we are putting through here is aimed at dealing with such matters. There was a famous "Prime Time" report but I knew about that before it was publicised. I wanted the issue to be in the public eye before we brought through some of the regulations because we wanted the public on-side.

I will not accept the amendment as outlined but I agree with the spirit of what has been said. I have stated numerous times in the House, the Seanad and in committee, as well as on national television and radio, that my orientation has always been towards full-time taxi drivers. I accept that they have been dealt a very tough hand over a number of years because of the volume of taxis, particularly in large urban areas, and there is a need for massive change. The legislation has gone through much thought and analysis with the Attorney General, and it is going as far as we can. We do not want to act in a way that could endanger the legislation.

The proposed amendments seek to exclude persons holding or applying for a taxi licence who are also in other full-time employment from operating in the industry. I sympathise with full-time taxi drivers in the industry who comply with regulations and find themselves in an increasingly competitive environment, working longer hours with fewer potential fares on the streets than there would be in better economic times.

I get taxis frequently.

However, the restatement of section 11, as amended on Committee stage, sets out the narrow parameters within which the obligation to inform the authority of other occupations can be applied. This is after going through an extensive filtration process. The first is an obligation on a licence applicant or holder in the case of all other employment to inform the authority, and, second, in the case of other employment involving driving a vehicle that the person has an added obligation to show to the authority that the employer has been notified. I am assured by advisory counsel that such a provision would not raise difficulties in terms of constitutional rights or rights under the European Convention on Human Rights. It is entirely reasonable that the Oireachtas can require that an employer, where the other occupation involves driving, be aware of the fact that an employee may be driving a taxi in order that the employer in question can satisfy him or herself that the employee is capable of safely discharging driving activities connected with his or her employment.

I have gone as far as I can in this provision in light of the potential risk of legal challenge concerning a person's constitutional rights. It is not open to me to consider legislating for a prohibition for persons with another full-time occupation on engaging in the taxi industry on a part-time basis. The provision of services on a part-time basis is an important factor ensuring an adequate supply of services in some cases.

The amendment would also have a significant detrimental effect on services in rural Ireland. The Bill applies not only to Dublin and Cork but to the entire country. There are no full-time taxi drivers where I come from because there is no market for them. The amendment would seriously affect the part-time drivers who operate in my area and we should not affect them in a detrimental way. I will not accept the amendment for the reasons I have outlined.

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