asked the Minister for Justice, Equality and Law Reform the steps he plans for more effective background checks into those applying for taxi licences; and if he will make a statement on the matter. [2748/03]
Written Answers. - Taxi Licences.
23.
The legislation governing small public service vehicles, that is taxis and hackneys, is set out in the Road Traffic (Public Service Vehicles) Regulations 1963 (SI 191 of 1963) as amended. The primary legislation is the Road Traffic Act 1961 (Part VII), as amended.
The processing of PSV applications in regard to the suitability of the applicant is a matter for the Garda authorities. Responsibility for ensuring that persons are fit and proper persons to be granted a licence rests with the Garda authorising officer in accordance with the provisions of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1970 (SI 200 of 1970). These regulations do not specify any particular convictions which would render an applicant unsuitable.
The regulations also provide that where the holder of a licence to drive small PSVs is convicted of an offence which in the opinion of the court renders the holder unsuitable to hold such a licence, the court may revoke the licence and shall notify the commissioner of any such revocation. In addition, the Garda authorities may at any time revoke a licence to drive a small PSV if they consider the holder of the licence is no longer a fit and proper person to hold such a licence. The issue of amending the legislation in question is a matter for consideration by the Minister for Transport.
With regard to the question of the procedures used in the consideration of applications for PSV licences, as a result of the issuing of such a licence to the person at the centre of the X case, which has been revoked since September 1999, the Garda initiated a working group to review the procedures for the processing of applications for PSV licences.
I have been informed that, following this review, more stringent vetting procedures were developed and a revised application for a licence to drive a small PSV form was introduced in March 2000. The main changes in the vetting procedures include: applicants are now obliged to provide their PPS number for identity-verification purposes; applicants must provide details of two referees, who must be deemed acceptable and of sufficient standing, who can vouch for the applicant; applicants are obliged to provide details of previous PSV licences; and applicants are obliged to indicate if they ever had any previous convictions in this State or elsewhere.
Each applicant is checked against Garda records. Where there is a doubt about the applicant's suitability that person is interviewed by the issuing officer and afforded an opportunity to address any Garda reservations. In cases where an applicant is refused a licence by the Garda authorising officer the applicant has a right of appeal to the District Court. The right of an applicant to appeal is based on the longstanding principle of natural justice and fair procedures.