Jim McDaid (Donegal North East, Fianna Fail)

I cannot accept the amendment or the point made by the Deputy. If we insert the amendment in legislation, we would all be before the courts because I am sure a constitutional issue would arise. When the legislation is passed and we have set up the commission, the commission will be responsible for setting its own parameters and the pros and cons of the legislation. It is not for us to determine who should own the licence or for what reason. That is the reason I cannot accept the amendment. The commission will be responsible for setting its own parameters. I will not do so. This proposal should not be included as part of the legislation.

In addressing the proposal there is a need to look in general terms at the provisions already contained in the Bill. In particular, I refer to the powers of the commission in relation to the determination of requirements and conditions to be applied to the licensing and operation of all small public service vehicles and their drivers. The inclusion of the provision proposed in the amendment would put in place a restriction on the freedom of the commission to apply and enforce the broad powers invested in that office. These powers include the determination of the conditions subject to which a licence may be granted and the conditions in respect of which a small public service vehicle may be operated. Different conditions can be applied to the operation of different types of small public service vehicles and in respect of different areas. If we were to include the provision in legislation, the case on everyone's lips could inhibit the work of the commission in dealing with this problem. I would prefer not to include it in the legislation but to leave the matter to the commission.

Amendment put.