Dáil debates

Friday, 1 July 2022

Civil Law (Miscellaneous Provisions) Bill 2022: Second Stage

 

9:10 am

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

I thank the Minister for Justice for bringing this important Bill before the House. The Bill represents a comprehensive and co-ordinated Government response to address a number of important issues flowing from the Ukraine crisis. I will speak about Parts 6 and 7.

Part 6 puts the licensed haulage emergency support scheme on a legislative footing. This scheme provided emergency financial support to the licensed haulage sector following the sharp and sudden increase in fuel prices in March 2022 caused by the war in Ukraine and actions arising from it. Part 7 will provide the Minister for Transport with the power to issue an order that will allow people - not just Ukrainians - admitted to the State under a temporary protection directive, as per section 60 of the International Protection Act 2015, to drive here on their national driving licence without the need to exchange the licence for the period of temporary protection.

Brexit and Covid-19 have shown the importance of the Government taking appropriate and timely actions to safeguard our essential sectors from external shocks. While the Ukraine crisis is of an entirely different nature, the same principle is true. Our licensed haulage sector plays an invaluable role in facilitating our normal day-to-day lives. We rely on it for the delivery of foods and goods, including essential items, into and around the State. The sector is of national strategic importance. It is a critical enabler of a functioning supply chain, helping to support key infrastructure and enabling the maintenance of economic and social activity. Therefore, on 15 March 2022, in response to increasing fuel costs resulting from the Ukraine crisis, the Minister for Transport and I proposed to the Government an emergency support measure for the sector. The licensed haulage emergency support scheme provided a support of €100 per week for eight weeks for each eligible heavy goods vehicle authorised on the licence of a road haulage operator as of 11 March 2022. The scheme was administered by my Department and was open for applications between 5 April and 6 June 2022.

It is now closed. The scheme was an important and responsive measure that enabled the Government to act quickly to provide short-term financial support to the sector, helping to ensure the continued operation of the national haulage fleet by assisting eligible operators with cost pressures, ensuring liquidity for business and compensating operators for the additional costs incurred due to the increased fuel prices. Over €15 million in grants has been made available to eligible operators to date. Section 45 of the Bill now provides the necessary legal underpinning for the scheme.

Part 7 deals with the recognition of foreign driving licences held by people arriving in Ireland under the temporary protection directive. Visitors to Ireland can drive here on their national licences for up to a year. This is possible under the 1949 Geneva Convention on Road Traffic. Following recent case law, however, non-EU citizens granted temporary residence in Ireland may not drive here on their national licence and must obtain an Irish licence. Although a foreign licence can be recognised for exchange purposes in certain circumstances, there is currently no provision in the Road Traffic Acts to recognise a non-EU driving licence for use. Section 46 will introduce a new section 23B into the 1961 Road Traffic Act which will allow the Minister for Transport to respond immediately to large and sudden movements of people to Ireland under the temporary protection directive, following urgent humanitarian crises. This new provision will grant, by an order of the Minister, the immediate ability to drive in Ireland on a licence or permit issued by a non-EU state. The foreign licence will be recognised without the need to exchange it for an Irish licence and will be tied to the permission to reside granted under section 60 of the 2015 International Protection Act. Once the protection permission ceases or is revoked, the licence is no longer recognised.

The definition of a driving licence in sections 38 and 40 of the 1961 Act will be expanded to require that a driving licence recognised under the new section 23B must be accompanied by a permission to reside.

Section 47 amends sections 60 and 61 of the Road Traffic Act 2010. This amendment clarifies that if a driving licence recognised under the new section 23B is seized by a member of An Garda Síochána, only the driving licence is retained and not the permission to reside.

While Parts 6 and 7 are not big, they deal with important issues. The haulage scheme provided the agile response and much-needed temporary assistance to the licensed haulage sector when it was facing sudden, sharp increases in fuel costs.

Part 7 will provide the Minister for Transport with the necessary powers to react quickly in any future situations when people unfortunately need to come here under a temporary protection directive, by enabling them to use their national licence while in the State for the period of temporary protection. I hope the Bill will be progressed quickly.

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