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Dáil Éireann díospóireacht -
Wednesday, 29 Mar 2006

Vol. 617 No. 2

Adjournment Debate (Resumed).

I have a question for the Minister of State at the Department of Finance, Deputy Parlon, for debate on the Adjournment, but I do not see him here.

I am to take it.

The relevant Minister of State was in the Chamber a few minutes ago. I have been pursuing this matter for the past three years and it is appalling disrespect to this House and to the Leas-Cheann Comhairle that the Minister would not bother to come in and take the question. In view of that appalling lack of interest and respect on the part of the Minister of State, I will not pursue this topic tonight but want to resubmit it for next week.

The Chair will contact the Deputy.

Social Welfare Benefits.

One of my constituents, a young lady, was in receipt of a blind pension in this country until she went to study in Edinburgh University. She has problems with glaucoma and cataracts and has undergone a cornea transplant. As she failed to get into the course she wanted to do in this country, she enrolled in college in Edinburgh last September. Her blind pension has been stopped as she was told she is no longer resident in this country. However, she spends all her holidays here, including from late May to late September, and must also travel home at regular intervals for her appointments in Temple Street hospital. She is struggling to create the basis for her future financial independence.

The Minister will cite section 249(1)(b) of the Social Welfare Consolidation Act and its provision that “except where regulations otherwise provide, a person shall be disqualified from receiving any benefit for any period during which that person is absent from the State”. The Department’s leaflet, SW76, on the blind pension states that, inter alia, to qualify a potential recipient must “live in the State”. It goes on to state: “if you are leaving the State you should tell the Department [and] when you return here to live you should re-apply immediately”. I cite these interpretations of section 249(1)(b) of the Act in the Department’s publications to draw attention to the fact that the meaning of “absent from the State” is ambiguous.

The Department considers the meaning of "absent from the State" to be identical to "living in another state", as is clear from the quotation I just cited. The person in question is "habitually resident" in Ireland under any European Court of Justice approved meaning of that term. However, because she is in Scotland reading for a degree she could not get in Ireland, she is habitually resident here, yet disqualified from receiving her blind pension. EU law justifies any deviation from the principle regardless of where one stays or resides in the EU on the basis that "payment of these benefits will be suspended if you transfer your residence to another state which will then grant you the corresponding benefit, even if you have never worked there". There is, however, no corresponding benefit which that person might receive in Scotland because she is not resident there, she is a student.

Section 22(1) of the Social Welfare Act 1995, which inserts a new section 211(2), gave the Minister the power to make regulations enabling the payment of any benefit or assistance to any person who is absent from the State. I call on the Minister to make such regulations or to help find an alternative to the blind pension, for example, a scholarship from the Department of Education and Science which might give her the difference between what she is due under the blind pension while she is absent from the State and what she is entitled to when she is present in the State, while here during the university vacation. While she is here she has to undergo tests and attend medical appointments so she is home in Ireland at different intervals throughout the year. If the Department interprets section 249(1)(a) of the Social Welfare Consolidation Act 2005 without any margin of appreciation, it is clear that she is entitled to her blind pension for every second she is not absent from the State either during university vacations or to attend medical appointments.

I call on the Minister to restore blind pension for the whole year for this person and if that cannot be done, to help her obtain equivalent money from some other Government source, to commit to facilitating her blind pension payments for every minute she is in the State and not, as has been done, to cut her off totally from the only source of financial independence this courageous young woman has while she battles against the odds to complete her university education and secure her future financial independence.

I am taking this Adjournment debate on behalf of my colleague the Minister for Social and Family Affairs, Deputy Brennan. To qualify for a blind pension from my Department, a claimant must satisfy a number of conditions. She or he must be aged 18 years of age or over and must be so blind that she or he either cannot perform any work for which eyesight is essential or cannot continue in his or her ordinary occupation. In addition, the claimant must satisfy a means test and must reside in the State while in receipt of the pension. However, if a person in this State receives a blind pension and he or she goes to reside in Northern Ireland, there is provision in legislation, section 249(7) of the Social Welfare (Consolidation) Act 2005, to allow the Department to continue to pay the blind pension for up to five years or until he or she receives an equivalent payment from the appropriate authority of Northern Ireland. This provision has been in our legislation for many years. It applies only to recipients of blind pension and old age non-contributory pensions.

The person concerned applied to my Department for a blind pension in September 2005. Her circumstances were investigated by a social welfare inspector who subsequently reported that she was a student at a third level college in Scotland where she was undertaking a four-year degree course. It was noted that she returns to the family home in Ireland during holiday periods and that she had to attend an eye specialist in Dublin every six weeks. Following careful examination of her case, a deciding officer of my Department determined that her application for pension had to be disallowed on the basis that she was not residing in the State on a full-time basis. She was notified of this decision by my Department and of her right of appeal against it to the independent social welfare appeals office. If the person's circumstances change, she may reapply for the blind person's pension at any time. Under social welfare legislation decisions on claims are made by deciding officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Taxi Regulations.

The Commission for Taxi Regulation published "Driving Forward: Action Plan 2006-2007" on Tuesday, 7 March. I welcome its publication and, as a regular user of the taxi service in this city, I agree with many of its recommendations. Nevertheless, it should be regarded as a consultation document rather than the final proposal and the implementation of any of its provisions should be deferred for at least six months. I say this because of the apparent lack of widespread consultation with all elements of the taxi industry nationwide.

I attended a meeting of the Tralee Taxi Association on Monday, 13 March. The association is a very responsible body. Just before Christmas, its representatives met the Minister of State at the Department of Justice, Equality and Law Reform regarding anti-social behaviour in Tralee. The association strikes me as the only body doing anything about anti-social behaviour in Tralee. It tries to work with the local gardaí and local council and is genuinely concerned about anti-social behaviour in the town. I was very impressed with the association's presentation to the Minister of State and I therefore take its views and concerns very seriously.

I will reflect the mood of the meeting. The delegates were astounded by the complete lack of thought and consideration for the taxi industry in Tralee and generally in rural Ireland. While the delegates accepted that certain aspects of the document were positive and a step in the right direction, such as the reference to the appointment of the NCT centres to administer the SPSV licences on the commission's behalf, they strongly believed that most aspects of the document are unworkable in a rural environment. They took issue with vehicle licensing, for example. Up to now, the licensing of a vehicle to operate as a taxi, hackney or limousine has been carried out by the relevant local authority on production of the appropriate documentation. The licensing numbers are local numbers with distinctive lettering and the area of operation is displayed clearly on all signs. Under the new proposals, the commission plans to introduce a new national licensing system. In accordance with these proposals, each SPSV licence holder will be issued with a new five-digit national number in respect of each licence granted or renewed. This will, in effect, eliminate the recognised and familiar SPSV licence numbers. The new proposals make no provision to inform the public on areas of operation, either in respect of the interior or exterior of the vehicle. The new proposals will make local taxis difficult to distinguish in the eyes of the public.

The association also takes issue with the national taxi meter area. At present, there are 36 designated taxi meter areas country-wide and areas of operation are clearly defined by the local authorities. In the case of Tralee, for example, a designated three-mile radius from the town centre constitutes the taxi meter area. The benefits of this system are such that drivers are clearly aware of their area of operation and policing of this system is easier. The commission proposes to declare the whole country a taxi meter area in September 2006 and this will eliminate the existing 36 designated taxi meter areas. The commission proposes to restrict taxis plying for hire in the area for which their licences are endorsed. This means SPSV drivers' licences endorsed in County Kerry will be permitted to operate freely within the county boundaries.

The Deputy should conclude.

Furthermore, drivers who engage in the proposed skill development programme in other counties or cities will also be permitted to ply for hire in these areas. This, in the opinion of Tralee Taxi Association, is a recipe for chaos and bedlam. Enforcement and policing of this process will surely be impossible and will certainly create another headache for an already overworked police force.

The Deputy should conclude.

From September, taxis will be freely and legally allowed to operate in busy and more lucrative areas, as they wish. This will spawn hostility and suspicion among operators and cause a reduction in the level of service provided in quieter rural areas. It will definitely lead to confusion and a decline in public confidence in the entire taxi service.

I call the Minister of State to reply.

Finally, could I——

The Deputy has exceeded the time allowed.

Could I just finish tonight? One Member left this House tonight because the Minister who was supposed to reply to the issue he was to raise was not present. I have stayed in the House and I at least deserve the courtesy of being allowed to finish.

The Standing Order only allows the Deputy five minutes and he has now spoken for six.

Absolutely. I have been allowed to finish in the past by the Ceann Comhairle. It is 11.10 p.m.

We must abide by Standing Orders. The Deputy should——

I should at least be allowed to conclude speaking on this very important issue.

It is not possible to conclude if one exceeds the five minutes allowed. We cannot make a new rule for the Deputy and have others for other Members. I call the Minister of State.

I now see why Deputy Walsh left the House.

The Deputy is out of order.

It is becoming a total farce and I will make that complaint directly to the office of the Ceann Comhairle.

The Chair cannot make a special rule for the Deputy. The Deputy must do what all other Deputies do, that is, speak within the five minutes allowed.

I have been here in the past and the Chair was flexible.

I gave the Deputy an extra minute.

I am replying to this matter on behalf of the Minister for Transport, Deputy Cullen, and I thank Deputy Deenihan for raising it.

The Commission for Taxi Regulation was established under the Taxi Regulation Act 2003, with effect from 1 September 2004, and it is the independent body responsible for the development and maintenance of a new statutory framework for the control and operation of small public service vehicles, taxis, hackneys and limousines, and their drivers, under the 2003 Act. The commission is an independent regulator.

In 2005 the commission initiated a broad consultation process and a national review to assess the extent and quality of services currently provided by small public service vehicles and to examine existing quality and safety regulations regarding small public service vehicles and their drivers. The review was undertaken on behalf of the commission by Goodbody Economic Consultants and the Dublin Institute of Technology and it included consultation with relevant stakeholders and significant data collection and analysis. The commission advertised in the national press inviting written submissions by 7 March 2005 and, as part of the national public consultation, arranged a number of public meetings in Cork, Clonmel, Sligo and Dublin, which meetings took place in late February and early March 2005.

Face-to-face meetings were held with a range of stakeholders and it is understood that some 130 submissions were received in response to the public consultation process. There was also input from the advisory council to the Commission for Taxi Regulation, which was established under the Taxi Regulation Act 2003 to advise the Commission for Taxi Regulation and the Minister for Transport, as appropriate, on issues relevant to small public service vehicles and their drivers. The council consists of a chairperson and 17 ordinary members, representing the taxi, hackney and limousine industry, local authorities, the Garda Síochána, consumer, disability, tourism and business interests and other relevant sectors, as required under the Act.

On completion of the process outlined, in June 2005 the commission published Consultation Paper No. 2, Roadmap — Towards a new national code of regulation for taxis, hackneys and limousines in Ireland, which set out the areas where it was considered that change is required, along with the commission's proposed solutions. Again advertisements were placed in the national press in July 2005 inviting submissions on the roadmap by 26 September 2005. Given that the commission has also taken over the power to declare or alter taximeter areas and to fix maximum taxi fares from local authorities, it published a further Consultation Paper No. 3 — Taximeter Areas and Taxi Fares in October 2005 and invited submissions by 19 December 2005, again with national press advertisements in November 2005.

The commission has indicated that it is satisfied that it has carried out a widespread research and consultation process in advance of formulating the proposals for change contained in the Action Plan 2006-2007, Driving Forward, which was published on 7 March 2006. It sees the action plan and its reforms as the culmination of a process that has seen widespread consultation with the industry, customers, a variety of experts and the advisory council to the Commission for Taxi Regulation. I understand the commission received more than 500 submissions as part of the various consultation processes.

The new regulations, administrative structures, initiatives and services to be provided by the commission, as outlined in the action plan, will be put in place on a phased basis commencing this year. I understand that the commission will launch a major awareness programme in September to ensure that consumers and service providers alike are fully informed of the new reforms.

While the new national vehicle licensing system will be phased in commencing in April 2006, the majority of the changes announced recently, such as the introduction of a national taximeter area and national taxi fare structure, will not commence until September 2006 or later. The commission has indicated that where proposed changes have implications in terms of cost or investment for service providers, especially regarding vehicle standards, appropriate lead-in times for the various actions will be given, as outlined in the action plan. I understand that a further consultation process will be undertaken by the commission regarding vehicle standards.

The commission has expressed the view that implementation of the proposed changes will bring about improved levels of service for customers which in turn will lead to an increase in the use of small public service vehicles, including taxis, and greater opportunities for service providers. I share this belief and look forward to an enhanced and improved regulatory regime into the future to the benefit of service users and providers alike.

The Dáil adjourned at 11.15 p.m. until 10.30 a.m. on Thursday, 30 March 2006.
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