Seanad debates

Wednesday, 14 June 2006

Road Traffic Bill 2006: Committee Stage (Resumed).

 

8:00 pm

Photo of Pat GallagherPat Gallagher (Donegal South West, Fianna Fail)

Section 21 provides for amendments of substantive provisions contained in sections 24 and 36 of the regulations of 2003, as amended by section 36 of the Road Traffic Act, as I noted earlier. Section 24 of the 2003 Act was commenced with the establishment of the Commission for Taxi Regulation and the amendments to section 36 will have effect on the date of commencement of the relevant provisions of the section, under the Taxi Regulation Act 2003. It is the first step towards giving full effect to the provisions of section 36, as amended.

An order has been made commencing subsections (2)(a), (3)(a) and (4) of the section with effect from 25 May 2006. The measures in these subsections give existing licenceholders or applicants who had been convicted of specified offences an opportunity to apply to the courts in advance of the full commencement of section 36 to be allowed to apply for a licence under such terms as a court may direct.

One of the amendments to this Bill is intended to clarify that in dealing with such applications the court may have regard to the person's conduct since conviction and his or her suitability to hold a licence. Further consultation will be required before a decision is taken to commence in full the provisions of section 36 of the Taxi Regulation Act 2003 as amended by section 36 of the Road Traffic Act 2004. The commencement date will be determined when all the necessary arrangements have been settled in consultation with the Commission for Taxi Regulation, the Garda, the Courts Service and the Department of Justice, Equality and Law Reform. An appropriate period of advance notice of the proposed commencement of the section will be required to allow persons who may be affected by the provisions in particular existing licence holders to clarify the position with the courts, if at any stage they have not already done so.

The relevant commencement order will be made under the provisions of the Taxi Regulation Act 2003, and it is expected later in the year to make the necessary order to commence the provisions of the sections of the Bill. For that reason it is not possible to accept the amendment.

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