Results 20,661-20,680 of 21,489 for speaker:Alan Kelly

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: These are technical amendments that provide for a greater number of offences under the Bill to be specified as fixed payment offences under section 44. This will increase the on-street capability of enforcement officers and increase efficiency through a reduction in the number of prosecutions in the courts.

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: This amendment addresses a typographical error. The words "draw upon" are clearly out of place and undermine the meaning of the sentence in which they appear.

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: These amendments are necessary to ensure that the objectives of the authority under section 16 for the regulation of the taxi sector are included in the strategic planning processes already provided for under section 13 of the Dublin Transport Authority Act 2008. The Bill makes reference to the authority's strategic transport plan, which it is required to produce under section 12 of the 2008...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: Applicants or licence holders are required under section 27 to declare to the licensing authorities their convictions for any of the offences set out in the Schedule or those listed in Section 26 (3), which relates to serious road traffic offences. This amendment provides that the Minister may specify in regulations other offences which must be notified to the licensing authorities for the...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: The Senator has raised a very important question. The licensing authorities, in the processing of applications, ask for information on previous convictions, as the Senator has stated. The authorities will use all available means to check with other jurisdictions for information on offences that would affect their decision to grant licences. The simple answer is that the authorities will...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: I thank the Senators for their contributions. The point at issue in this legislation is the safety of passengers, who are in a vulnerable position, while in a taxi. Due to the restriction that this places on 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...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: The provisions in subsections (6) to (8) of section 18 provide that compliance, or not, with the code of practice established or adopted by the National Transport Authority can be admissible as evidence in court proceedings for an offence where there was a relevant code of practice in effect. While the provision is not binding on the court, it does allow for the possibility of consideration...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: Tipperary.

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: Amendment No. 38 is a minor textual amendment aimed at providing greater legal precision. The principle of the provision is completely unchanged. Amendment No. 38a is a technical amendment tabled on the advice of the advisory council. Section 20 of the Bill deals with obligations on SPSV drivers towards passengers. The inserted text provides for a degree of latitude to be exercised with...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: I accept the spirit of what the Senator is saying but do not believe this proposal is necessary. Subsection 21(3) provides for consultation with the advisory committee on maximum fares. Section 56 requires that at least two members of the Taxi Advisory Committee shall be from organisations that, in the opinion of the Minister, represent the interest of consumers. That covers it. The...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: This is a technical amendment, tabled on the advice of the advisory council. Section 25 of the Bill deals with the regulation of passengers in SPSVs. The amendment removes paragraph (b) of the offences under section 25(6) concerning compliance with subsection 25(2). The offence, as it relates to paragraph (b) of the latter subsection, creates an overlap with an offence already under...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: This is a minor amendment to provide clarification. The principle of section 26 is not changed by this amendment. Simply, the amendment implies that the mandatory disqualification of a person in respect of which subsection 2(b)(i) applies under section 26 of the Bill, i.e., where a fine only or a suspended sentence are imposed, is from the date of conviction. This is in line with the...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: This is purely a technical amendment introduced on the advice of the advisory council. The amendment simplifies the text under subsection (1)(g) and clarifies the intention of paragraph (3), which allows the National Transport Authority to make small public service vehicle regulations concerning the operation, rental, possession or control of a small public service vehicle.

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: I cannot agree to amendments Nos. 32 and 33. The specific provision under section 17 to which the amendments refer enables the National Transport Authority to make regulations concerning the standard of conduct, general behaviour, deportment or dress of persons operating small public service vehicles. This is a restatement and clarification of the existing provision under section 34(6) of...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: We have been over this ground a few times and I cannot agree to amendment No. 34. Subsection (2) is necessary to enable the National Transport Authority to differentiate small public service vehicle regulations between different categories of vehicle and drivers and the special operators, for different circumstances, and in different areas and counties of the State. There is good reason to...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: This is a purely technical amendment introduced on the advice of the advisory council. It provides that the National Transport Authority must specify in the small public service vehicle regulations that are made under section 17 which of the regulations are penal provisions, that is, provisions whereby failure to comply with or contravention of the regulation is an offence under subsection 17(4).

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: The subparagraph in section 17 to which the amendment refers is necessary to enable the NTMA to make SPSV regulations concerning the markings or colour of vehicles. This is necessary if we want to move in the future to greater conformity in SPSVs. The provision is a restatement of a similar provision under section 34(2) of the Taxi Regulation Act 2003 concerning the internal and external...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: It means where they can ply for hire and the ranks where they can do that. The subparagraph the Senator wants to delete supports the current licensing system whereby areas of operation where an SPSV driver can stand or ply for hire must be applied for and specified on the licence, subject to completion of the relevant area knowledge test. Once the area of operation has been established...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: This is a minor drafting amendment to insert text. The amendment make no change to the substance of section 17.

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (27 Feb 2013)

Alan Kelly: This is an important amendment that enables the NTA to make regulations concerning the standard of equipment in vehicles and on evidence on verification of taximeters and taximeter systems in line with regulations under the Metrology Act 1996. Legal advice obtained a couple of years ago identified difficulties in the NTA prosecuting for meter verification issues. The advice was to the...