Dáil Éireann díospóireacht -
Wednesday, 20 Mar 2002

Vol. 550 No. 4

Written Answers. - Taxi Licences.

Alan Shatter

Ceist:

603 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the action he will take to exclude all convicted sex offenders from eligibility for obtaining taxi licences and to revoke any taxi licence given to date to a convicted sex offender; and if he will make a statement on the matter. [8771/02]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 587 and 603 together.

The legislation governing small public service vehicles, that is, taxis and hackneys is set out in the Road Traffic (Public Service Vehicles) Regulations 1963 (S.I. No. 191 of 1963), as amended. The primary legislation is the Road Traffic Act, 1961, (Part VII) as amended.

The processing of public service vehicle licence applications in regard to the suitability of the applicant is a matter for the Garda authorities and 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 (S.I. No. 200 of 1970). The regulations do not specify any particular convictions which would render an applicant unsuitable.

The Garda authorities may at any time revoke a licence to drive a small public service vehicle if they consider the holder of the licence is no longer a fit and proper person to hold such a licence. The regulations also provide that where the holder of a licence to drive small public service vehicles 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.

The issue of amending the above legislation to exclude convicted sex offenders from obtaining PSV licences is a matter for consideration by the Minister for the Environment and Local Government.

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for PSV licences, as a result of the issuing of such a licence to the person at the centre of the X case, which has been revoked since September 1999, the Garda initiated a working group to review existing procedures for the processing of applications for PSV licences.

Following this review, more stringent vetting procedures were developed and a revised "Application for a Licence to Drive Small Public Services Vehicles" 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 and where there is any doubt about the applicant's suitability, that person is interviewed by the issuing officer and afforded an opportunity to address any Garda reservations. It should be noted that 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.

I am further informed by the Garda authorities that the staffing levels in the Carriage Office are kept under review and increased as and when judged necessary.