Results 20,261-20,280 of 21,042 for speaker:Alan Kelly

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,...

Ceisteanna - Questions - Priority Questions: Rail Services (19 Feb 2013)

Alan Kelly: NewERA has considered the business plan in great detail, the Department has considered the various components of it in great detail and the Government has signed off on it. Access to banking facilities in 2013 is important. The Deputy will be aware that the legislation dealing with borrowings by CIE was recently passed by this House, which legislation provided additional elasticity in this...

Ceisteanna - Questions - Priority Questions: Rail Services (19 Feb 2013)

Alan Kelly: My Department and the National Transport Authority are working with Iarnród Éireann to increase the efficiency and attractiveness of existing rail services. The Government continues to provide substantial Exchequer investment in the rail network despite the significant financial challenges. In the past two years almost €385 million has been invested in Iarnród...

Ceisteanna - Questions - Priority Questions: Rail Services (19 Feb 2013)

Alan Kelly: As the Deputy is aware, last year we put an extra €36 million into CIE, which will mean that in 2012, some €166 million went to Irish Rail and €126 million is budgeted for in 2013. Further financing was required in 2012 to fund the voluntary severance scheme and the sale of non-core assets such as a Spencer Dock property, which was central to that. The issue of...

Ceisteanna - Questions - Priority Questions: Taxi Regulations (19 Feb 2013)

Alan Kelly: I have plenty of correspondence on this issue and will take any more the Deputy wants to send me. I stand over the reason for the retrospective nature of these provisions. There are people driving taxis in this country who should not be behind the wheel of a taxi. It is simple as that and needs no further explanation. That is why the legislation must be retrospective. No one in this...

Ceisteanna - Questions - Priority Questions: Taxi Regulations (19 Feb 2013)

Alan Kelly: I thank Deputy Ellis, who has raised this issue on previous occasions. The Bill is proportionate. I have suggested to the Deputy previously that he raise the issue in the context of other legislation. He asks if we have rigorously checked the legality of the Bill. Of course we have. The Attorney General went through the legislation and is satisfied with its drafting, the manner in which...