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Written Answers — Parking Regulations: Parking Regulations (29 Nov 2011)

Leo Varadkar: It would not be appropriate to comment on individual cases, but suffice to say there are some deeply unsatisfactory practices amongst those clamping operators operating on private property. At present there is no legislation regulating the operation of private clamping operators. The current laws only provide for clamping by local authorities, or those acting as their agents, on public...

Written Answers — Departmental Legal Costs: Departmental Legal Costs (29 Nov 2011)

Leo Varadkar: The information requested by the Deputy is being compiled and will be forwarded as soon as possible. In relation to agencies, I have forwarded the Deputy's question to each of the agencies in order for them to provide the Deputy with further details. If the Deputy does not receive a reply from the agencies within ten working days, please advise my Private Office.

Written Answers — Departmental Expenditure: Departmental Expenditure (29 Nov 2011)

Leo Varadkar: The information requested by the Deputy in respect of my Department is being compiled and will be forwarded as soon as possible. In relation to agencies, I have forwarded the Deputy's question to each of the agencies in order for them to provide the Deputy with further details. If the Deputy does not receive a reply from the agencies within ten working days, please advise my Private Office.

Seanad: Road Transport Bill 2011: Second Stage (29 Nov 2011)

Leo Varadkar: The Bill is being brought to the House as a matter of urgency to deal with a number of issues that arise from the coming into force of EU regulations on road transport operators on 4 December. I thank the House for facilitating me in this regard. Those largely technical issues arise to a large degree from the introduction of EU regulations replacing a previous EU directive. In changing the...

Seanad: Road Transport Bill 2011: Second Stage (29 Nov 2011)

Leo Varadkar: I thank Senators for their contributions and co-operation in getting this Bill passed. As is often the case, better points were raised in this House than perhaps in the other one. The advantage of fewer speakers always helps a little bit. Senator O'Sullivan said this was rushed legislation. It is not really rushed. It is sound and I have every confidence in the Dáil and the Seanad...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: In general, I agree with Senator Barrett's comments on European attitudes to road haulage in particular. It is very much the view of the core European countries in particular that for environmental and other reasons we should push freight off the road and back onto the railways and canals. That is good policy and it would make sense that we would do that for many reasons, but it may not be...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: The Senator is right to say there was much heat in the Dáil on this issue last week. I do not propose to rehearse those arguments. I will deal with the amendment on its merits and not on any other basis. Unfortunately, the Senator seems not to understand the Bill. It requires that someone who has been convicted of one of these offences notify the Minister that he or she has such a...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: It is not an opinion, it is a fact.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: It is not my opinion. That is a fact.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: This is about notification. The provision in the legislation does not ban anyone from having a road haulage licence or a passenger transport licence. It requires people to inform the Minister when they fill in their application form that they have been convicted of certain crimes in the past. The opportunity is there for them to explain that those crimes were committed in a particular...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: I am loth to answer a hypothetical question. The legislation concerns someone who fills in an application form for a licence to be a haulier or passenger transport operator. On that application form the person concerned is required to provide various pieces of information on, for example, financial standing, establishment in the State and whether he or she is held in good repute. The...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: In regard to the time elapsed, this section does not require an amendment as it is taken into account as part of the consideration process of any convictions notified or discovered. Serious convictions and others are already provided for in the regulations, such as road safety issues or tachographs. Elapsed time will not necessarily mean that a conviction will be disregarded as it depends...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: I hope I am not incorrect on this but if so I will correspond with the Senator. I understand that if the conviction was 40 years ago the Minister is already empowered to take that into account in the issuing of a licence. Nothing prevents a person from appealing to the District Court or seeking a judicial review subsequently.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: While this is a difficult issue, I can understand where the Senator is coming from. Where this takes effect is if a person has a new conviction. It is not something that would be done arbitrarily. If a person who already has a licence is convicted of human trafficking, a serious sexual offence, murder or money laundering, the Minister is then empowered to withdraw or suspend the licence...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: I understand the legal provision is that the withdrawal or suspension occurs on conviction but that the District Court, even in these circumstances, could still allow a stay.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: I thank the Senator for spending so much time in going through the Bill and tabling amendments. I am sorry I am in the position of having to put through legislation so quickly because it does not allow me to accept amendments that might be accepted on Committee Stage in the normal process. That speaks to the Senator's comments yesterday about why we should not bring forward legislation so...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: The issue raised is slightly different from that raised in the amendments. The licence belongs to the Minister, as the legislation states; it is issued to an operator and cannot be sold or transferred. It can happen that the business to which it is attached will be sold or transferred. Legally, however, the licence remains the property of the Minister. The amendment is not necessary....

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: That is correct.

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: As far as I understand it, the amendment would allow an operator to hire a vehicle from another operator and to operate it as part of his or her transport business, even while the vehicle in question was still authorised on another operator's licence. We are concerned that the amendment would create a loophole in the law, thereby creating legal uncertainty about who should be prosecuted if...

Seanad: Road Transport Bill 2011: Committee and Remaining Stages (30 Nov 2011)

Leo Varadkar: With regard to Senator Barrett's query, if a vehicle is hired or leased without a driver, it must be authorised on the operator's licence. However, if the vehicle is hired with a driver, which happens commonly with CIE and with school buses, that is considered to be sub-contracting, which is allowed. In that case, the vehicle remains on the licence of the operator who owns the vehicle. In...

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