Monday 16 November 2015
Media Enquiry from Guernsey Press:
I had a media enquiry relating to the granting of taxi licences and the necessary CRB checks.
My understanding is that taxi drivers need CRB checks to receive a licence and must continue to have them periodically.
Some concern, however, has been raised with us about people who have been granted licences.
It is claimed that some drivers with serious past convictions, including drug offences, have been granted licences.
We have been told Environment is powerless to refuse, due to the European Court of Human Rights.
Could Environment outline the necessity for CRB checks?
Can it confirm who makes the decision to grant licences? What does it have to consider and is it a case by case basis?
Can it also outline what the convictions taxi drivers are allowed to hold? What is the cut-off point?
For example, can sex offenders and paedophiles be granted a licence?
Environment Department Response:
All applicants for a Permit to Drive a Public Services Vehicle (PSV Permit) are required to undertake an enhanced level Disclosure and Barring Service (DBS) check and every three years thereafter. Given that the holder of a PSV can come into contact with vulnerable people, section 7 of the Rehabilitation of Offenders Law, 2002 does not apply and, as a consequence of this, all previous convictions and / or cautions are disclosed, irrespective of the time period that has elapsed since the offence or alleged offence took place.
It is not the Environment Department's job to punish those applicants for a PSV Permit who have a criminal record. That punishment has been handed out by the Courts and the sentence in whatever form served. The Department's function is to determine whether the applicant is a fit and proper person and does not present a risk to taxi users.
In determining applications where a criminal conviction has been disclosed, the Board gives consideration to a number of factors including but not limited to the nature of the offence(s), the time passed since the offence(s) were committed, the applicant's behaviour during that time, and any references as well as the applicant's responses to questions posed by the Board during the application hearing.
Whilst it is not appropriate to discuss in detail the nature of any specific application or the Board's determination of it, prior to granting a PSV Permit the Board must be of the view that there is no reasonable evidence to suggest that the applicant would be anything other than a fit and proper person to fulfil the role of a PSV driver and, therefore, does not present a risk to fare paying passengers.
The Department's Governing Policy relating to PSV Permits provides guidance to the Board on a range of convictions and each case is determined on its individual merits. With regard to offences of a sexual nature, it is highly unlikely that applicants would be granted a PSV Permit.
Contact Information:
Karl Guille, Traffic and Transport Services Manager
Environment Department
Tel: 243400
