Jim McDaid (Donegal North East, Fianna Fail)

The offences that would generate a disqualification under the Bill are, by their very nature, limited to those areas of behaviour that would place a question mark over the fitness of a convicted person to be engaged in the delivery of individual transport services. All such convictions are recorded by the Garda. This information can be passed on to the commission under agreed arrangements, where necessary, with the Garda. In addition, appropriate arrangements can be put in place to ensure that applicants for licences under the Bill will be required to provide confirmation that they have not been convicted of one of the offences in question.

The Senator is seeking the details of the convictions but the Bill already contains a provision for applicants to give details. He says the courts will be in a better position to do that but the courts will not have records of all people who will apply for a licence. Accountants and others hold licences and there would not be any record of them within the courts.

The commission and the Garda can come up with arrangements to deal with any inquiries that are made. Any records that the courts have would be at the disposal of the Garda. Whether the courts could release information directly to the commission is another matter but, between the commission's powers and those of the Garda, via the relationship with the courts, the information will be available.

Amendment put and declared lost.

Section 38 agreed to.

Sections 39 to 43, inclusive, agreed to.

NEW SECTION.