Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 198: To ask the Minister for Transport the reason for the delay in commencing section 36 of the Taxi Regulation Act 2003; and if he will make a statement on the matter. [3117/06]

Martin Cullen (Waterford, Fianna Fail)
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Section 36 of the Taxi Regulation Act 2003, as amended by section 36 of the Road Traffic Act 2004, provides for a system of automatic disqualification from applying for or holding a small public service vehicle driver licence or vehicle licence in respect of persons who have been convicted of one of a range of very serious offences, including murder, manslaughter and various sexual, drug trafficking and other offences. A person who is affected by these provisions can request the courts to allow them to apply for a licence in certain restricted circumstances.

The commencement of section 36 requires further consultation with licensing authorities, the Garda Síochána, and the Courts Service, among others, to ensure that the appropriate arrangements for implementation are in place. Specific legal advice on a number of issues surrounding the practical application of the section has been sought from the Office of the Attorney General. It will be necessary to give an appropriate period of advance notice of the proposed commencement of the section to allow persons who may be affected by the provisions, in particular existing licence holders, to clarify their position with the courts. Commencement of the section will be considered, in consultation with the Commission for Taxi Regulation, when the legal and administrative issues have been resolved.