Results 20,221-20,240 of 21,042 for speaker:Alan Kelly

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...

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

Alan Kelly: I cannot agree to amendment No. 26. This amendment would see section 16 set out that the function of the National Transport Authority is "to develop, operate and maintain a regulatory framework for the quality licensing and regulation of... standards". There is a fundamental question as to the meaning of the phrase, "quality licensing and regulation" in legal or any other terms. The...

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

Alan Kelly: Briefly, as previously stated in this House on numerous occasions, there is nothing in this Bill that provides for quantity restrictions. As the Senator has already stated, the courts already have decided on that issue and nothing in this Bill changes that. Apart from that, as I already have explained to the Senator, from a legal wording point of view, the wording as suggested in the...

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

Alan Kelly: Section 13, concerning the transfer of SPSV licence, does not provide for an exemption to be made concerning a consequent revocation of an SPSV upon the death of an SPSV licenceholder. Therefore, in the event of the death of an SPSV licenceholder, as a consequence of section 13, the SPSV licence would stand revoked. As indicated previously in this House and in other areas, I have been...

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

Alan Kelly: This is a minor amendment to correct a drafting error.

Magdalen Laundries Report: Statements (Resumed) (26 Feb 2013)

Alan Kelly: Hear, hear.

Magdalen Laundries Report: Statements (Resumed) (26 Feb 2013)

Alan Kelly: Hear, hear.

Topical Issue Debate: Rural Transport (26 Feb 2013)

Alan Kelly: I thank the Deputies for the passion with which they have represented this issue. Indeed, it is an issue I am also very passionate about. As the House knows, I come from a very rural part of the country. I am probably one of the most rural Deputies in Leinster House. There will be change but not all change has to be seen as negative. Change can be very positive. In this case, change is...