Seanad debates

Tuesday, 29 November 2011

Road Transport Bill 2011: Second Stage

 

5:00 pm

Photo of David CullinaneDavid Cullinane (Sinn Fein)

I welcome the Minister and join previous speakers in welcoming the Road Transport Bill 2011. In so far as it deals with the character of licence holders and the people they employ, the Bill is similar to that applying to private security firms. Its purpose is to amend provisions included in the Road Transport Acts. It will give effect in primary legislation to a number of measures currently provided for in regulations but which will be affected by the coming into force of EU regulations. It will also make provision for amendments to the, so-called, good repute aspects of road transport.

I appreciate the intention of the Bill and the Minister in bringing it forward, but I also see the Bill's limitations. I appreciate the fact that the Minister intends to introduce a comprehensive road transport Bill. I hope that will happen in the coming year and look forward to hiim bringing forward these proposals. I hope also that many of the issues raised in the debate on this Bill, including those raised by Senator Séan Barrett, will be dealt with in the comprehensive road transport Bill at which the Minister is looking. The Bill provides for a number of housekeeping reforms in road transport. Therefore, I have little difficulty with the intentions behind the Bill.

As Deputy Shane Ross noted in the Dáil, this is an area in which we need further information and a greater awareness of what we are dealing with. A number of Members have made the point that there are 70,000 licensed operators and that 25,000 large vehicles associated with these operators are on the road. However, we do not have the full picture. How many unlicensed operators are there and how many vehicles are associated with them? Does the Minister have this information, or is it something he could bring back to the House? It may be that such information is impossible to get because such operators are under the radar. We need a full picture of what is happening.

Will the Minister clarify a number of points raised in the Dáil on the powers he will have? He will have the power to refuse licences and question convictions. We have a concern in this regard, especially where a licence is essential to a person's livelihood. Who will make the decision to refuse a licence? The Minister could consider alternative authorities which might be in a position to adjudicate on these matters and provide appropriate safeguards. This is very important.

The Minister will be aware two issues were raised in the Dáil by Sinn Féin and we believe these were not dealt with adequately. The first issue concerns the status of individuals who were released under licence under the terms of the Good Friday Agreement. At least two Deputies who contributed to the debate could not, under this legislation, hold haulage licences. Many other Deputies, from a variety of parties, including one of the parties in Government, could find themselves in similar position. As the Minister knows, many former prisoners are teachers, lecturers, politicians or Ministers in the power-sharing Executive in the North. He knows that many individuals who have been involved in organisations that were involved in armed political struggles are now Ministers sitting at a Cabinet table.

Sinn Féin believes it is very important to distinguish between people with a criminal record and those who have been political prisoners. The majority of people on the island of Ireland voted for the Good Friday Agreement. They voted for prisoners to be released on licence under the terms of the agreement, to be released as political prisoners. I find it amazing that somebody can be a Deputy in the Lower House or a Minister in a power-sharing Executive yet cannot hold a haulage licence. Many of these people have doctorates, many are leaders in their communities and involved in community development work, many are lecturers or teachers and others are in different fields. As we know, political prisoners played a huge role not just in bringing about peace but in building and sustaining it. If we are to embrace all of the concepts of political conflict resolution, we must distinguish between people who were involved in criminal acts and people who were involved in acts for the purposes of a political struggle. That is our point.

There was significant heat in the debate which took place in the Dáil, but I hope it will not be similar here. I hope the Minister has had time to reflect on what was said in the Dáil and on the genuine issue we are raising. We cannot have it both ways. We cannot say we support the Good Friday Agreement, vote for that agreement - as did 90% of the people on this part of the island and over 70% of the people in the North - and say we are in favour of it, the peace process and the release of political prisoners by both the British and Irish Governments without differentiating between criminals and political prisoners. It would be wrong for the Minister not to make that differentiation. I hope the Minister will take on board the amendment we will table to deal with this issue and I look forward to his response. Unfortunately, despite the fact we support the Bill, if the Minister is not minded to support our amendment, we will be forced to vote against the Bill. As a party, Sinn Féin cannot stand over a situation where political prisoners are being prevented from taking up job opportunities in this sector.

I mentioned already the comprehensive Bill the Minister is considering with regard to road transport. I support the call made by Senator O'Sullivan to look also at taxi regulations and the taxi industry in that regard. The Minister may remember an RTE programme not so long ago that looked at the taxi industry and which raised many issues. The majority of taxi drivers are legal and do a good job, but there are issues in the industry. I hope we will look at similar provisions to those we are considering here with regard to haulage companies and consider bringing them in for the taxi industry. Many former prisoners are taxi drivers. How is it the case that it is all right to be a taxi driver but with this Bill the Minister is not in a position to differentiate between people who were convicted of crimes and political prisoners? I hope the Minister takes on board the amendment we will table in the spirit in which we will table it.

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