Alan Kelly (Tipperary North, Labour) | Oireachtas source

I thank the Senators for their contributions. The point at issue in this legislation is the safety of passengers, who are in a vulnerable position, while in a taxi. Due to the restriction that this places on persons to participate in the industry, the grounds for mandatory disqualification is, for legal reasons, narrowly defined. It is not possible in legislation to seek to further define instances wherein there may be mitigating circumstances that justify the non-compliance of the disqualification. For this reason the Taxi Regulation Bill makes specific provision for an appeal to the courts in relation to mandatory disqualification. Exceptions are possible where the courts determine they are appropriate. The courts are positioned to make that type of judgment. It is clearly stated in section 26(10) that in determining whether to grant or refuse such an application, the court can have regard to any matter that it considers relevant. As such, there is adequate provision in the Bill to address the concerns raised by the Senators. I will not be accepting the amendment as I do not believe it is necessary.