Sean Barrett (Independent)

I move amendment No. 3:

In page 8, subsection (2) (b), line 12, after "offences" to insert the following:

"and the time elapsed since the convictions and the maximum fine or term of imprisonment with respect of each offence".

This section deals with a number of factors which the Minister will take into account when considering an offence:

(a) the nature of the offence,

(b) whether the conviction is one of a number of convictions for the same or different offences,

(c) any penalty or sentence suffered on foot of the conviction,

(d) any disqualification or forfeiture imposed on foot of the conviction, and

(e) whether or not the offence was committed in the course of, or connected with, a road transport business[.]

The Minister may consider that the effect of my amendment is implied, that is, the time that has elapsed, for example, where a person is 42 years of age now and he was 16 when the offence was committed. I seek to make provision for that scenario. The Minister has provided for the actual penalty but the maximum penalty gives an indication of how society as a whole and this House thought of the offence in terms of its seriousness. Given that it is, for example, only an X offence and he did it Y years ago, I would hope they would be considerations the Minister would bear in mind in exercising his functions under this section.