Ciarán Lynch (Cork South Central, Labour)
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Question 117: To ask the Minister for Transport if he will provide an appeals process with an independent adjudicator for the taxi industry; and if he will make a statement on the matter. [35049/10]

Noel Dempsey (Meath West, Fianna Fail)
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Section 35 of the Taxi Regulation Act, 2003, which has not been commenced to date, provides for an appeal procedure in respect of refusal to grant, suspend or revoke a small public service vehicle (SPSV) drivers licence or vehicle licence. An Garda Síochána is the licensing authority for SPSV drivers licences and the Commission for Taxi Regulation (CTR) is the licensing authority for vehicle licences. Once the functions on driver licensing are transferred from the Garda Commissioner to the Commission for Taxi Regulation, I envisage that Section 35 of the Taxi Regulation Act 2003 will be commenced. Accordingly persons who are refused a licence will be able to appeal to the District Court. Appeals may also be made where licences are suspended or revoked. I have no plans to introduce additional legislation in this regard.

The exercise by the Commission of its statutory powers is also amenable to the remedy of judicial review. I understand that the CTR is giving special attention to informing existing licence holders and new applicants of licensing requirements in order to acquaint applicants with the conditions that have to be satisfied to obtain a licence. It is hoped that this effort will minimise dissatisfaction by applicants and reduce recourse to appeals in the future.

I should add that the Commission for Taxi Regulations engages in an onerous consultation process prior to any decision making for the industry. The process includes public consultation, meetings with stakeholders and advice received from the Advisory Council which includes representatives from the industry, consumers, tourism, business, people with disabilities, the Competition Authority, the Road Safety Authority, local authorities and the Gardaí. This ensures appropriate dialogue prior to the implementation of new regulatory changes.