Seanad debates

Wednesday, 30 November 2011

Road Transport Bill 2011: Committee and Remaining Stages

 

3:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)

I am loth to answer a hypothetical question. The legislation concerns someone who fills in an application form for a licence to be a haulier or passenger transport operator. On that application form the person concerned is required to provide various pieces of information on, for example, financial standing, establishment in the State and whether he or she is held in good repute. The Minister or, more accurately, officials acting with the Minister's authority must make a decision on the application based on this information. Any reasonable Minister or official adjudicating on such an application would take into account the pre-Good Friday Agreement context in which a crime was committed. If the person concerned has since been of good repute, financial standing and so on, a refusal would be unlikely. However, I cannot answer for definite or on behalf of future Ministers.

Ignoring the heat and leaving aside the history lessons in which we have engaged, there may be a case for offering an amnesty in due course. We could pass legislation or reach an agreement on expunging convictions via an amnesty, but the Road Transport Bill 2011 does not provide the context in which to do so. The issue requires a more detailed debate and further confidence-building measures on the part of those seeking an amnesty. Despite the fact that the conflict ended some time ago, these measures have not yet been forthcoming. That is probably the best way to proceed. Until that happens, however, the Good Friday Agreement stands. Under the agreement, these are considered convictions and early release on licence is provided for.

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