Alan Kelly (Tipperary North, Labour) | Oireachtas source

The amendments will have the effect that the offence under section 24(10) on the failure by a person to comply with a request to move on by a member of the Garda Síochána - previously an "authorised person" - will now only apply under section 24(7), that is, to a driver or a person in charge of a vehicle which is not a taxi standing or parking at an appointed stand. Previously, the offence under section 24(10) involved a failure by a taxi driver to comply with such a request to move on in the circumstances set out in section 24(3) to (6), inclusive, including standing for hire at a stand in an area the driver is not licensed for; standing at a rank that is full; standing on part of a public road adjoining or in proximity to a stand that is full, and standing at a taxi rank when the vehicle is not available for hire. The offence under section 24(9) will continue to cover contraventions of subsections (3) to (7), inclusive, by a taxi driver or other person in charge of a vehicle which may give rise to the imposition of a class D fine. However, under the amendments under discussion, there will not be a further offence connected with a failure to comply with a request to move on in the case of subsections (3) to (6), inclusive.

With due regard to the underlying policy concern over the availability of taxi ranks, about which I have taken much comment from drivers on board, there is justification for some leniency in the system of penalties for the regulation of driver behaviour at ranks without diminishing the core offences. The amendments which waive the extension of the offence for contravention of a request to move on will go some way towards minimising any risk of conflict and public order issues arising at ranks between enforcement officers and taxi drivers who may feel justified in competing for limited taxi rank space, particularly in the greater Dublin area. All Senators will know stories about such incidents. For the same reason, amendments Nos. 45 and 46 - on the reduction in fine levels on conviction for the offences listed under section 24(9) and (10) - aim to reflect the more lenient approach to this specific suite of offences. In proposing the amendments I am taking account of representations made to me by taxi interests.

Amendments Nos. 52 and 53 are intended to ensure demerits will not apply under Part 5 of the Bill to offences under section 24 concerning plying for hire or standing at taxi ranks. The taxi advisory committee has made representations to me to raise concerns about the attachment of demerits to offences relating to appointed stands. The committee said it was too harsh a penalty, leading to the suspension of a licence, given the lack of availability of taxi spaces relative to the number of taxis. On foot of these concerns, I have excluded the imposition of demerits for such offences. I have also taken on board comments made in the House.