Results 781-800 of 20,758 for speaker:Alan Kelly

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: Despite what Senator Barrett has said on numerous occasions, the Department does not have all encompassing powers in regard to all bus operators. That would be a matter between them and their employees. From a legal point of view, the Attorney General is quite happy with this. This empowers the National Transport Authority. I want to re-emphasise that it is not a draconian move but it is...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: Amendments Nos. 20, 21 and 23 address areas of representation and appeals under section 12 where there was procedural ambiguity and thereby strengthen the legality of the process, if challenged. Taken together, amendments Nos. 20 and 21 provide for the commencement date of any suspension or revocation of a licence on foot of a decision of a licensing authority to commence after any appeal to...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: Amendment No. 22 is a textual amendment to correct a minor drafting error and does not entail any change to the substance of the section. Amendment No. 24 concerns a technical legal matter. It provides that the representation and appeals process under section 12 does not apply to a revocation of a licence by a court consequent upon conviction for an offence as provided for under section 43,...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: I appreciate them as well.

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: I cannot agree to amendment No. 9, which seeks to amend section 7(4), which allows the NTA to make regulations setting different requirements and conditions with regard to different categories and classes of vehicle, small public service vehicles, drivers and licences, and, under paragraphs (b) and (c), for different circumstances and different areas of the State, respectively. Paragraph (b)...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: It does not arise under this section and that is the reason I did not respond.

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: There is an issue in this regard. It is obviously clear to most people that the Senator and I come from different philosophical backgrounds with regard to this issue. As has been reported in a number of reviews, there is an over-supply in many areas. However, we simply do not have enough taxis in some areas and we will have to consider how we can license vehicles in certain areas to meet...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: I believe I accidentally answered this on the previous amendment. I cannot agree to this amendment. The existing paragraph (b) in section 8(1), to which the amendment refers, relates to a regulation concerning the assessment of area knowledge of a licence applicant with regard to the area in respect of which the licence is being sought. Section 8 of the Bill provides for the NTA to make...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: Section 8 contains a requirement under subsection (5) for applicants to disclose information to the licensing authority relating to the assessment of their physical or mental capacity to hold a licence to drive an SPSV, and the NTA may issue guidelines in this regard, as provided for under subsection (6). To acknowledge the Senator's comments, we do share some common ground on this issue.

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: I will agree to amendment No. 12 but with the following text change, which I hope he will support.

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: Section 9 of the Bill provides for the licensing authority, subject to its assessment of suitability under section 10, to grant or not to grant an application for a licence. Section 9(10) provides that when granting a licence, the licensing authority may attach such terms and conditions to it as it sees fit. This seems to be an integral part of the functioning of a licensing authority....

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: These are technical agreements concerning cross-referencing in sections 10 and 12 of the Bill. The amendments do not change the substance of the sections. Section 10(1) states that the licensing authority shall not grant a licence and this is now clarified by reference to section 9, which is the relevant section of the Bill under which the licensing authority can grant a licence or not....

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: I thank the Senator for highlighting this matter. There is joined-up thinking on the part of the Government on this matter. We are involved in discussions. Section 10 of the Criminal Justice (Spent Convictions) Bill expressly provides that the general effect of section 5 of that legislation which relates to the right of non-disclosure of certain convictions shall not apply to applications...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: Amendment No. 17 introduces a new section to the Bill that places an obligation on an applicant for or holder of a licence to drive a special public service vehicle, SPSV, to inform the licensing authority of any other occupation of his or hers involving driving vehicles and so on. This amendment derives from a recommendation under action 3 of the taxi regulation review report 2011 which aims...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: The amendment will not be withdrawn. No issue arises over privacy, nor does one arise over contracts of employment. This legislation has been examined by the legal advisers in the Office of the Attorney General. What we are doing is addressing an issue of safety. It is quite clear that if somebody?s job requires driving for a long time, his driving a taxi after work - which would involve...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: Despite what Senator Barrett has said on numerous occasions, the Department does not have all encompassing powers in regard to all bus operators. That would be a matter between them and their employees. From a legal point of view, the Attorney General is quite happy with this. This empowers the National Transport Authority. I want to re-emphasise that it is not a draconian move but it is...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: Despite what Senator Barrett has said on numerous occasions, the Department does not have all encompassing powers in regard to all bus operators. That would be a matter between them and their employees. From a legal point of view, the Attorney General is quite happy with this. This empowers the National Transport Authority. I want to re-emphasise that it is not a draconian move but it is...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: Amendments Nos. 20, 21 and 23 address areas of representation and appeals under section 12 where there was procedural ambiguity and thereby strengthen the legality of the process, if challenged. Taken together, amendments Nos. 20 and 21 provide for the commencement date of any suspension or revocation of a licence on foot of a decision of a licensing authority to commence after any appeal to...

Seanad: Taxi Regulation Bill 2012: Committee Stage (Resumed) (19 Feb 2013)

Alan Kelly: Amendment No. 22 is a textual amendment to correct a minor drafting error and does not entail any change to the substance of the section. Amendment No. 24 concerns a technical legal matter. It provides that the representation and appeals process under section 12 does not apply to a revocation of a licence by a court consequent upon conviction for an offence as provided for under section 43,...

Finance Bill 2013: Second Stage (Resumed) (20 Feb 2013)

Alan Kelly: I welcome this opportunity to speak on the Finance Bill 2013. The Bill represents an important step for this country, one that allows us to contemplate a better time even though the country is currently in a difficult position. However, we have hope. We are beginning to build towards periods of stability. I hope in the years ahead that will help us to a great extent but we must face many...