FORMER convicts with serious criminal convictions are still being allowed to drive taxis almost five years after the Government passed a law banning them from doing so, the Irish Independent has learned.

The 2003 Taxi Regulation Act contained provisions allowing the Commission for Taxi Regulation to ban criminals, including murderers, rapists and drug traffickers, from driving taxis.

The commission had been due to take over the vetting of taxi drivers from the Gardai after the act was passed.

However, the Irish Independent has learned that almost five years later the Department of Transport has yet to commence the section of the act which gives the commission the legal power to ban such criminals.

In response to a Freedom of Information request, the commission also confirmed it does not currently have the "staffing and resources generally" to take over the vetting procedure.

And last night, neither the commission nor the department were able to give a date for when the vetting procedure would be handed over or when the powers to ban criminals would be activated. The delay comes amid mounting concern within the taxi industry over the ability of criminals to become taxi drivers.

Vetting is currently carried out by gardai under 1963 regulations which give a superintendent the discretion to determine whether or not a person is "fit and proper" to drive a public service vehicle.

Decisions made under these regulations have frequently been challenged and overturned in the courts.

Vinny Kearns, the chief executive of Xpert Taxis, said he knew of several people with convictions for burglary and drugs offences who had been able to get taxi plates.

"I am aware of people who have multiple convictions who have been able to become taxi drivers by having a garda decision overturned in court," he said.

Tommy Gorman, president of the National Taxi Driver's Union, said he was concerned about the issue and hoped that the powers to ban criminals from driving taxis would be enacted as soon as possible.

In a statement last night, the commission said it anticipated powers to ban criminals would be introduced by Transport Minister Noel Dempsey before the end of the year.

However, a spokeswoman for Mr Dempsey was unable to give a commitment for when the powers will commence.

Submissions from the commission seeking additional staff are currently being considered by the Department of Transport and the Department of Finance.

As well as banning murderers, rapists and drug traffickers, the section of the 2003 act yet to be commenced also contains provisions to ban money launderers, thieves, people guilty of firearms offences, and taxi drivers who have assaulted passengers.

Under the legislation, depending on the nature of the offence, the ban can be reviewed after two, five or 10 years.

- Shane Phelan Investigative Correspondent

 http://www.independent.ie/national-news/criminals-are-still-getting-taxi-plates-despite-legal-ban-1349837.html