Irish laws will prevent serious criminals from becoming hauliers
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By David 113165
THE REPUBLIC of Ireland government is to introduce new laws to stop convicted murderers, drug dealers and sex offenders from holding road haulage licences.
Irish transport minister Noel Dempsey says he will introduce legislation on 10 September to stop anyone with a serious criminal record from running a transport business.
The proposed regulations come after public debate in Ireland over a licence that was granted to Kieran Boylan, who was convicted of drug trafficking in 2006, and then afterwards awarded an operating licence, even though the Department of Transport knew about his conviction.
During the subsequent discussions over the Boylan decision, it emerged that no Irish haulier has ever lost its 0-licence, because the Irish constitution has been interpreted to say
that the right to make a living cannot be taken away from anyone ('IRHA: Trish constitution is a barrier to 0-licence removal', CM 16 July).
The transport minister's decision to bring in new rules to change this position come after the government commissioned an independent report by former civil servant Jimmy Farrelly. which made a number of recommendations to strengthen legislation.
Dempsey adds: "In addition to the recommendations contained in the Farrelly report, a recent review of road transport licensing requirements has raised questions about Ireland's compliance with EU law in this area."
The new laws will disqualify anybody from holding an 0-licence if they have convictions within a number of specific areas, including murder, manslaughter. serious assault, drug trafficking, people trafficking, money laundering, sex offences and firearms crimes.
The disqualification will apply for five years on offences prosecuted on indictment or two years if prosecuted summarily.
Any operator continuing to operate after conviction for these offences risks three years in prison, a €.500,000 (£431,505) fine, or both.
Dempsey says: "It is imperative that we maintain the highest possible standards in the road haulage sector."