Individuals with criminal records are to be banned from driving taxis, the Minister for Transport, Mr Brennan, said yesterday. Tim O'Brien reports.
The National Taxi Drivers' Union (NTDU), while welcoming the move, has nevertheless warned that it would challenge it in the courts if it was applied retrospectively.
Speaking as he announced the appointment of Mr Gerard Deering as chairman of the Commission for Taxi Regulation, the Minister said he expected the ban would be implemented in time for the transfer of ministerial powers to the new regulator, a move which is expected to be completed by next September.
However, the vice-chairman of the NTDU, Mr Vinnie Kearns, said that while the union had campaigned against unsuitable drivers getting licences, it would be unfair to exclude those who had "historical" convictions for some criminal offences, including assault.
Mr Kearns said some taxi-drivers had convictions for membership of the IRA and other activities, including the illegal possession of guns. To deprive these drivers of their driving licences, he argued, would be contrary to the provisions of the Belfast Agreement.
Mr Kearns also said he personally knew of taxi-drivers who had convictions for assault that were more than 30 years old, with no conviction since. "They have been told they will not have their licence renewed," he said.
According to Mr Kearns, the NTDU has already been told by representatives of the Carriage Office - the Garda-administered section which vets drivers - that it interprets the new legislation as meaning that anyone with a previous conviction who presents for a licence renewal will be refused.
"Is is fair that a driver who has a conviction for assault 30 years ago and has not had a conviction since, should be deprived their livelihood," he asked.
The NTDU has now said it will seek to overturn the policy at meetings of the Commission for Taxi Regulation, but if it is not successful there, it will take a legal challenge.
However, a spokesman for the Department of Transport said one of the reasons for the delay in "signing off" on the new Act was to avert such a situation.
The spokesman said there was currently provision in the law for "those who had offended to make a case that they had paid their debt to society and shouldn't therefore be prevented from driving a taxi".
The provision currently allows drivers who have been refused a licence to appeal to the courts to have the Carriage Office's decision overturned.
"The way I understand it, that provision will remain in place, and anyone who is denied a licence who feels that the decision is unfair will still be able to appeal to the courts".
Mr Deering was saying little about what issues he might prioritise yesterday, commenting only that he would be improving standards and the "priority is to have the best quality taxi service in the world, the best possible taxi service that we can have. The Minister has already said the legislation is there and the powers are there, it is a matter of working now with all those stakeholders to achieve that."
Asked specifically about aspects such as a liveried taxi fleet, he said it was "very early to start to comment on all those issues. I have to take the post on September 1st."
Pressed on a timescale, Mr Deering said he would be getting the office up and running from September, aiming first at a quality service.