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Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 49: In page 33, before section 26, to insert the following new section:26.—(1) A person shall not promote, offer or advertise the service of a small public service vehicle for hire when at the time of the promotion, offer or advertisement the person does not hold a licence to provide the service for which the vehicle is to be hired or there is no licence in force...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: It is not possible for me to accept amendment No. 26, although I have considerable sympathy for the Deputy. I want to gain some technical details because we must take some serious advice on the issue. I have sympathy for the frustrations of many operators in the industry on it. The number who have sought to get into the industry under the stamp 2 provisions is not as high as one might...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: To be honest, I do not know the intricacies of the taxi industry across Europe. I can verify, however, that the stamp 2 visa issue is primarily one for the Department of Justice and Equality. I understand there are probably trans-European principles or unwritten agreements in this space as regards students, etc. Broadly, they are probably necessary. We send students around Europe as much...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 27: In page 20, before section 16, to insert the following new section:16.—(1) Subject to subsection (2), where a company holds a licence, in the event of a change in control of the company—(a) the licence stands revoked from the date of the change in control, and (b) the company shall notify in writing the Authority of the change in control and return the...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 28: In page 20, subsection (1)(a), line 7, after “than” to insert “a revocation”.These are drafting amendments. Amendment No. 28 clarifies that a revocation of a licence under section 45, issued by a court judge upon conviction of an offence, is excluded from the obligations under section 16 to return a licence, badge, disc or other signage,...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: It is not clear why it is proposed to delete this part of section 12, as the Deputy has also proposed an amendment to provide that decisions made under section 12 should be subject to independent review.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I understand. It is like a domino effect. I cannot agree to the deletion of section 12, which provides for the revocation of a licence or in some circumstances the suspension of a licence. The Deputy has clarified his position. Action 22 of the taxi regulation review report recommended the commencement of section 35 of the Taxi Regulation Act 2003 concerning the appeal of a decision to...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 21: In page 18, subsection (1), line 19, to delete “within 14 days” and substitute “not later than 14 days”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 22: In page 18, subsection (1), line 20, to delete “after the date” and substitute “from the date of the service”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 23: In page 18, subsection (3), line 34, to delete “within 28 days after the date of the notification” and substitute the following:“not later than 28 days from the date of the service of the notification”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 24: In page 18, subsection (6), line 47, after “ordinarily” to insert “resides or”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 25: In page 19, subsection (8), line 5, to delete “within 28 days of” and substitute the following:“not later than 28 days from the date of the service of the”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: Any issue around the treatment of different categories of offences or offenders should be debated under the spent convictions Bill. That is the correct legislation under which to debate the matter, not the Taxi Regulation Bill. Obviously, this is a serious matter, but there is a broader issue. The Criminal Justice (Spent Convictions) Bill has been passed by the Seanad and is being dealt...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 16: In page 15, before section 11, to insert the following new section:11.—(1) Where a person who makes an application for a licence to drive a small public service vehicle is engaged in another occupation, the person when making the application shall—(a) inform the licensing authority of this fact and the nature of the occupation and, if employed by...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I shall respond.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I know what the Deputy is referring to and, in a spirit of co-operation, shall respond. The proposed amendments seek to ensure section 11 would specifically refer to persons holding or applying for a taxi licence who are also in other full-time employment, thereby leading to a constraint for full-time employees in other occupations from operating in the taxi industry. I understand where the...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: Having said that, as I understand it, the NTA is looking into this issue and it is quite confident it can be mitigated and resolved.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 11: In page 13, lines 27 to 33, to delete subsection (2) and substitute the following:“(2) An application for the grant of a licence shall be in such form and accompanied by the appropriate fee and such information and documentation as the licensing authority determines. (3) The licensing authority shall refuse an application for the grant of a licence where the...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 12: In page 14, subsection (14), line 31, to delete “prescribed” and substitute “provided”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 13: In page 14, between lines 33 and 34, to insert the following subsection:“(15) Subsection (14) does not apply to an application referred to in that subsection where the application is not accompanied by information or documentation required by this Act or regulations made thereunder.”.

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