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)

In regard to the time elapsed, this section does not require an amendment as it is taken into account as part of the consideration process of any convictions notified or discovered. Serious convictions and others are already provided for in the regulations, such as road safety issues or tachographs. Elapsed time will not necessarily mean that a conviction will be disregarded as it depends on the nature of the conviction and the context of a road haulage or passenger transport business. An example would be convictions for sexual offences and the person wishing to be a passenger operator or driver. In regard to the maximum fine or term, the Bill already provides sufficiently in section 4(2)(c) for any penalty or sentence suffered on foot of the conviction. It is a matter for the courts to determine the penalty bearing in mind all circumstances of the case. The other elements of subsection (2) give sufficient scope to the Minister to make a determination on the implications of a serious conviction for good repute.

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