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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. 7: In page 9, subsection (3), line 31, to delete "regulations, rules" and substitute "regulations".

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. 8: In page 11, subsection (2), between lines 17 and 18, to insert the following:"(j) in the case of the renewal of a licence, the period within which an application for the renewal of the licence has to be made before the expiry of the existing licence;".This amendment provides that the authority can specify in regulations under section 7 the period within which a renewal...

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. 9: In page 12, subsection (5), line 11, after "gives" to insert "such".

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 the reasons the Deputy has tabled the amendment. Provision is made for the NTA to have anyone seeking a vehicle licence vetted. Anyone who looks for a driver's licence is vetted every five years. Vehicle licences are granted every year and the NTA can vet anyone if required and there is reasonable cause to do so. This is enough power for the NTA which it can use as necessary....

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 accept the Deputy's bona fides and will work closely with the NTA to examine the overall vetting regulations. There is a requirement that those applying for licences should declare any serious conviction. Where the NTA suspects this is not happening, it has the capacity to request people to be vetted. As I have stated, there would be a serious manpower issue and safety nets are already...

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

Alan Kelly: When a vehicle is to be used or rented, everything, including the vehicle and insurance, is put in one package. All committee members know the reasons for this, as we all saw the "Prime Time Investigates" programme on the taxi industry. Perhaps there are specific isolated issues which the NTA must examine, but I understand they are being ironed out.

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 the issue being raised by the Deputy. There is a very good argument that vehicle licences and vehicle registration should be in the same name, for obvious reasons. There are isolated anomalies, as the Deputy noted, but the principle is right and-----

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.”.

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. 14: In page 14, lines 38 to 40, to delete subsection (16) and substitute the following:“(16) In this section—“appropriate fee” means the fee provided under licensing regulations to be charged in respect of an application for a licence; “tax clearance certificate” means a tax clearance certificate issued under section 1095...

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

Alan Kelly: These amendments seek dispensation in this Bill for those convicted of offences covered by the terms of the Good Friday Agreement. However, it is inappropriate for me to specify such an exclusion in the context of this proposed legislation. I remind Deputies that this is a taxi Bill. Section 10 of the Bill provides for the consideration of such offences in the assessment of suitability of...

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: 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”.

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