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Dáil
‹ Leaders’ Questions.

Haulier licence for convicted drug trafficker

Summary

Enda Kenny questions how a convicted drug trafficker obtained a road haulier’s licence despite Garda checks. The Taoiseach says the Departmental file and Garda Síochána Ombudsman Commission review must establish what happened and identify any necessary reforms.

I have been following closely the questions tabled by Deputy Charles Flanagan in respect of the issuing of a road haulier's licence to a convicted drug trafficker. As the Taoiseach is aware, one of the fundamental issues is that the rule of law should apply to everybody and be seen to apply. In what circumstances was a road haulier's licence allocated to a convicted drug trafficker, thus allowing him to transport drugs into and around this country? Will the Taoiseach indicate the conditions that apply? One of the fundamental requirements when obtaining a road haulier's licence is that the applicant be of good repute.

Comment on this

I understand that the Minister has answered parliamentary questions on this matter and alluded to the fact that the Garda Síochána Ombudsman Commission is now involved in reviewing the case. As the Deputy knows, when this matter was brought to the attention of the Minister for Transport just before last weekend, he asked that a review of the original file be sought from the Department's office in Loughrea. That was issued yesterday evening. Unfortunately, until such time as he completes his review and receives clarification from the Office of the Attorney General on the legal issues, he will not be in a position to comment further on the matter. It is being examined by both the Minister and the commission, which has an independent remit.

Comment on this

So he can do what he likes.

Comment on this

One of the things that is wrong in the House is that the Minister cannot comment on the matter. Everybody else is doing so.

This appears to be a very strange case. The normal circumstances that apply are such that when one applies for a road haulier's licence to the Department of Transport, the Department asks the Garda for what is essentially a character reference. The applications are lodged by the applicants themselves. They are not required to state everything about their lives. The unusual point in the case in question is that when the Garda responded to the Department, it was able to point out a number of indiscretions and convictions for charges that applied in England, where the applicant was located. It is clear the information was on the Garda file. Why was no reference made to the fact that the applicant was convicted for the possession of cannabis and sentenced to seven years' imprisonment? Why was this not in the reference for the Department of Transport, bearing in mind the stipulation that one be of good repute?

Irrespective of the fact that the case is now being reviewed, the Taoiseach is only too well aware of the implications of the trafficking of vast quantities of drugs into this country and of gangland warfare, which arises as a consequence. He is aware of the money that accrues from trafficking drugs, the havoc drugs cause among the young and of the tragedies that happen every day. Given the factual information that is now in the public domain, which is on record here and in Britain, does the Taoiseach consider the applicant in question to be of good repute?

Despite the fact that the Minister for Transport has asked the Attorney General to review the file, is it not entirely within the regulations of the Department of Transport and a Government principle that the law apply and be seen to apply to everybody, as Deputy Flanagan pointed out on numerous occasions? Is it not possible for that law to be seen to apply across the board, with this licence revoked forthwith, and for the Taoiseach to state that convicted drug traffickers are not persons of good repute and are not entitled to road hauliers' licences? The Taoiseach should say that now and let us get on with it. It is a strange case.

Comment on this

An issue here arose which is being investigated by the relevant authorities — the Garda. The Minister asked for the file, and it arrived yesterday evening. Obviously, he will look at that. The Garda Síochána Ombudsman Commission is looking at it and we must go through that process.

Clearly, if whatever arises out of it — whatever lessons are to be learned whereby a person who, it seems, was convicted of a drugs offence and was in a position to obtain a haulier's licence without that coming to the attention, presumably, of those who were administering the licensing regime in the Department — requires a change of arrangement so that this could not happen again, then obviously that is the principle of accountability we want to see. We must get a clear view of the facts in terms of how this happened, who dealt with it, what issues arose and why certain matters came to their attention.

Comment on this

The facts are on the file in the Department of Transport.

Comment on this

Having looked at the file, one then must find out how it happened. We set up in recent legislation a Garda Síochána Ombudsman Commission to ensure that there was an independent assessment of such matters and to ensure public confidence that they were being looked at in a proper and appropriate way.

There is no difference between myself and the Deputy on the matter. Obviously, we want to get to the bottom of this quickly and ascertain what lessons are to be learned for the future and what policy or, indeed, legislative changes arise out of it so we can proceed to close off any gaps in information that may have arisen in this case which enabled this person to get a licence. People feel, given his convictions, that many questions certainly should have been raised before he got it.

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