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2007
Reasons for delay in commencing all of Section 36 of the Taxi Regulation Act 2003
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21 February 2007
Answered in Dáil
To ask the Minister for Transport the reason for the continuing delay in commencing all of Section 36 of the Taxi Regulation Act, 2003.
 
- Joe Sherlock. (Nominated by: Róisín Shortall).
For ORAL answer on Wednesday, 21st February, 2007.
Ref No:   6559/07
 
Answered by the Minister For Transport
(Martin Cullen)
 
REPLY
 
Section 36 of the Taxi Regulation Act 2003, as amended by of the Road Traffic Acts 2004 and 2006, provides for a system of automatic disqualification from applying for or holding a small public service vehicle driver or vehicle licence in respect of persons who have been convicted of certain specified offences.   These include the offences of murder, manslaughter and various sexual, drug trafficking and other offences.
 
As a first step in giving full effect to the provisions of section 36 as amended, I made an order commencing subsections 2(A), 3, 3(A) and 4 of the section with effect from 25 May 2006. This has been done in consultation with the Commission for Taxi Regulation, An Garda Siochana, the Courts Service, my Department and the Office of the Attorney General.
 
The measures in these subsections allow existing licence holders or licence applicants who have been convicted of specified offences to apply to the Courts to be allowed to apply for a licence under such terms and conditions as the court may direct. This allows such individuals to clarify their situation in advance of the full commencement of the section.
 
Further consultation and discussion will be required with the Commission for Taxi Regulation and others before a decision is taken to commence in full the provisions of section 36 of the 2003 Act, as amended. In any event an appropriate period of advance notice of the proposed commencement of the section is envisaged to allow persons who may be affected by the provision, in particular existing licence holders, to clarify their position with the courts if, at that stage, they have not already done so.