Derek McDowell (Labour)

This is an interesting issue. The practice heretofore, as I understand it, is that after a person has been disqualified for a certain period, he or she could get the licence back. This was the normal practice in most District Court areas and District Court judges were inclined to give back a licence if there were any reasonable causes to do so. I applaud what the Minister of State is doing, as he is at least setting out some restrictions.

A person still does not have to back up an application or state that it is for a particular reason. That is, of course, the practice. The person must go in, indicate that the required period is over and ask for the licence back. With the manner in which this is written, it is almost as if the licence is given back for good behaviour.

What is the rationale for providing early return of licences? As Senator Paddy Burke has indicated, if a person is disqualified for six months, a year or two years, and most people assume drivers would be disqualified for two years, these drivers are not, in practice, disqualified. Why are we deliberately creating a regime where the period of disqualification is shortened? It does not seem to be a logical or sensible action to take. On the one hand we are increasing the period of disqualification but we are at the same time acknowledging that a licence can be returned early for no particular reason.