asked the Minister for Industry and Commerce if he will state the reasons for his refusal to transfer merchandise licence number 1498 from Mr. James Redmond, Ballyduskar, Killinick, County Wexford, to Mr. Nicholas Boggan, Tanner Hill, Ballycogley, County Wexford.
Ceisteanna—Questions. Oral Answers. - Merchandise Licence Transfer.
Section 25 of the Road Transport Act, 1933, provides that where the ownership of a merchandise road transport business has been transferred, the Minister for Industry and Commerce shall transfer the appropriate merchandise licence if the transferee is a statutory company or a near relative of the licensee. If the proposed transferee is not in either of these categories a transfer is discretionary. It is not my practice, in the exercise of this discretion, to grant a transfer to an applicant who has a near relative who is already the holder of a merchandise licence.
When Mr. Nicholas Boggan bought the lorry it was his opinion that he would have no bother at all in getting the plate. He bought the lorry on the strength of getting the plate. I think it is very unfair not to grant the transfer to him.
The policy in the matter is not to allow licensees to accumulate the businesses of other licensees and thus build up a substantial transport business.
When the late James Redmond was alive, he was operating in the same district. Although Nicholas Boggan and Anthony Boggan are brothers, they are operating individually. One man should not be deprived of a living because he is a brother of the other man. The late Mr. Redmond had a licence and Anthony Boggan had a licence. Now the Minister says that because Nicholas Boggan and Anthony Boggan are brothers they cannot both get a licence.
That is right.