Alan Kelly (Tipperary North, Labour) | Oireachtas source

I thank the Senator for highlighting this matter. There is joined-up thinking on the part of the Government on this matter. We are involved in discussions. Section 10 of the Criminal Justice (Spent Convictions) Bill expressly provides that the general effect of section 5 of that legislation which relates to the right of non-disclosure of certain convictions shall not apply to applications for certain licences, including applications for SPSV licences under the Taxi Regulation Act 2003. The requirement for disclosure of convictions set out in the Bill before the House relates to convictions to which the mandatory disqualification provisions apply. In accordance with amendment No. 43, the Minister may make regulations requiring disclosure of convictions for other offences into the future. These disclosure requirements are essential to put in place the necessary measures to protect the safety of passengers, which, as I am sure all Senators will agree, is paramount.

The provision in section 10 to which amendment No. 16 relates concerns the assessment of the suitability of persons to hold licences. In that context, the licensing authority can have regard to convictions of which the Garda has knowledge. In undertaking assessments licensing authorities will not be limited to considering those convictions which applicants are required to declare. If the Senator is proposing - I believe this is no longer the case - that spent convictions should not be taken into account, I am afraid I would not be in a position to agree with him. In fairness, he did qualify his position.

There is a requirement on licensing authorities to be measured and reasonable in the assessments of suitability which they undertake. If they were to do otherwise, it could render their decisions liable to being overturned on appeal. All decisions on the refusal to grant, revoke or suspend a licence can be appealed in accordance with section 12. I am satisfied that this provides for an appropriate balance in seeking to protect the interests of consumers in the context of ensuring there will be no unjustified treatment of applicants or licence holders.

I thank the Senator for raising the issue.