Proposals to more than double the current number of taxi licences in Dublin city and to increase the number in Dundalk were halted yesterday by High Court orders granted to four hackney licence holders.
Mr Feichin McDonagh SC, for the licence holders, said they were challenging ministerial regulations on the issuing of taxi licences. If successful, it would mean there would be no prohibition on the granting of such licences in future.
The four hackney drivers are: Mr Christopher Humphrey, St Teresa's Gardens, Donore Avenue, Dublin; Mr Kevin Brady, Ashbrook Avenue, Dundalk, Co Louth; Mr Tony Doyle, St Laurence's Park, Stillorgan, Co Dublin; and Mr Thomas O'Connor, Greenwood Drive, Red Barrons Road, Dundalk.
Mr Justice O'Neill gave the four men leave to seek a judicial review of ministerial regulations dealing with taxi licensing since 1978.
The men allege that successive Ministers for the Evironment and Local Government have exceeded their powers in making such regulations. The proceedings are also against the State.
He granted interim injunctions restraining Dundalk UDC and Dublin Corporation from allocating any taxi licences, following recent ministerial orders pending the outcome of the judicial review proceedings.
Mr Humphrey, in an affidavit, said he wished to hold a taxi licence but had been prevented due to the quantitative restrictions imposed by Dublin Corporation and the criteria for assessing applicants.
Between the late 1970s and 1991, the number of taxi licences in Dublin had been about 1,800. Up to the end of last year the number was 2,700. It was now proposed to more than double the number of licences available.
He had been informed that Mr Doyle had invested £1 million in a radio operating system for hackney cabs but despite this had been precluded from competing for even one of the licences.
Mr McDonagh said it was intended to offer the holders of taxi licences in Dublin a second licence. This meant that some people holding two, 20 or even 30 licences would get an additional licence for each one they held.
Mr McDonagh said that following the enactment of the Road Traffic Act 1961, public service regulations were introduced in 1963 for an application to be made to the Garda Commissioner by a person who wanted a licence.
In 1978 each local authority was required to set a limit on the number of taxi licences. This was being challenged by his clients. There was a subsequent scheme whereby a taxi plate could be sold, and this gave rise to a market in such licences.
In 1995, a further ministerial regulation decided that taxi licences were not to be issued by way of a points system. Regulations introduced in 1997 and 1999 varied the conditions.
Mr Brady and Mr O'Connor complained in affidavits that Dundalk UDC was charging £25,000 to issue a new taxi licence and that that had no bearing on the costs but was to raise revenue for other council activities.
The fee for a taxi licence in Northern Ireland was £58.50p, they said.