Amendments Nos. 78 and 82 are related and amendment No. 79 is an alternative to amendment No. 78 and all may be discussed together by agreement.
SECTION 18
I move amendment No. 78:
In page 19, subsection (1), line 11, to delete "may" and substitute "shall".
The word "may" is loose wording and I am interested to hear what the Minister has to say about changing the word to "shall", with the agreement of the Minister for Transport, Energy and Communications.
This provision is intended to be an enabling one. Consequently, I regret I cannot accept Deputy McDaid's amendment which replaces the word "may" with "shall". The preparation of the regulations referred to in these sections will take considerable time having regard to the need for consultation with the Minister for Transport, Energy and Communications, the technical and EU considerations involved and the need to ensure that transport accessibility to persons with a disability is achieved in a cost efficient way. I cannot, therefore, agree to Deputy Keogh's proposed amendments requiring that the regulations be brought into effect before the rest of the Act. I assure Deputy Keogh and Deputy McDaid it is my intention to consult the Minister on an ongoing basis to progress this from time to time as may be possible.
Amendment, by leave, withdrawn.
Amendment No. 79 not moved.
Amendment No. 81 is an alternative to amendment No. 80 and both may be discussed together by agreement.
I move amendment No. 80:
In page 19, lines 17 and 18, to delete subsection (2).
I regard taxis, limousines and hackneys as being as much public transport as a bus and I cannot understand why they are exempted. That is why I propose to delete the reference exempting them. I ask the Minister to consider deleting this section because it will allow us to make regulations later. If CIE were privatised, it would allow it to opt out since the provision states the exemption is for vehicles designed "for private use". Taxis, hackneys and limousines are as much public transport as a bus and if the reference to them were to be deleted it would allow for the introduction of regulations at a later stage. I gave the example of a public company becoming private which could cause problems with the interpretation of this provision.
Taxis, limousines and hackneys are exempted from the vehicle equipment regulations. Bearing in mind that this form of transport is used to a great extent by people with disabilities and that, unfortunately, public transport such as buses and trains is so inaccessible, taxis and related vehicles must be made more accessible. My amendment is similar to Deputy McDaid's except that it allows existing taxis and hackneys to avail of the exemption but all vehicles brought into service after the commencement of the Bill would be subject to the regulations. That is a compromise. I accept, to an extent, what the Minister says but bearing in mind how dependent people with disabilities are on such services, they should not be excluded from the vehicle equipment regulations.
If these amendments are withdrawn, I will consider the matter further and return to it on Report Stage without giving any commitment now.
That is satisfactory. I would be satisfied if Deputy Keogh's amendment were adopted so that under the vehicle equipment regulations, existing taxis and other vehicles would be exempt.
Taxis come under the remit of a different Minister.
The wording gives an opt out to private hire and that should be examined.
I support the previous speakers on the issue and welcome the Minister's commitment to examine it. An attempt was made in recent years to issue special licences to between 50 and 100 taxis to provide accessible taxis for the disabled. The time has come to let those involved in the taxi or hackney business know they must provide for all users. It would be a retrograde step if people providing that service were allowed to opt out of providing it for people with disabilities. It is time we made significant progress on the issue and I urge the Minister to examine it thoroughly and support people with disabilities.
Dublin City Council, when issuing new taxi and hackney licences, provide in the regulations that there should be a quota of wheelchair accessible vehicles. That is another way of addressing the issue but I agree it is a problem.
The difficulty is that some of the specially adapted taxis are infrequently made available to people with disabilities.
We would appreciate if the Minister could return to the matter on Report Stage with something positive.
It will depend on inquiries I make and what consideration I give to the matter between now and Report Stage.
Amendment, by leave, withdrawn.
Amendment No. 81 not moved.
Section 18 agreed to.
Amendment No. 82 not moved.
Sections 19 and 20 agreed to.