Seanad amendments Nos. 1, 2, 14, 15, 21 and 22 are related and will be discussed together.
Dail Éireann · 2022-11-30
14 contributions · 2 speakers · 1,474 words
Amendments Nos. 14 and 15 amend section 71 to clarify that the Minister may by order assign functional responsibility for a part of an annex to the Chicago convention to the Irish Aviation Authority, IAA. Amendment No. 3 amends section 14 to clarify that the functions conferred on AirNav Ireland by this Bill, which are currently functions of the IAA, will transfer to AirNav Ireland on the vesting day of AirNav Ireland and not on the commencement of the Bill. Amendment No. 9 amends section 60 by deleting section 17(2)(f) of the Irish Aviation Authority Act 1993, which provides for the appointment of a commercial auditor to the IAA.
Amendment No. 11 amends section 66, which covers the accounts and audit of the IAA. Amendment No. 16 provides for the convening by the IAA of an aviation stakeholders forum.
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Seanad amendments Nos. 1, 2, 14, 15, 21 and 22 are related and will be discussed together.
This group of amendments relates to the annexes to the Chicago Convention on International Civil Aviation. The Chicago convention established the International Civil Aviation Organization, ICAO, and the rules of air space, aircraft registration and safety, security and sustainability. Annex 12 of the convention relates to the establishment, maintenance and operation of search and rescue services by ICAO contracting states, while annex 16 concerns environmental protection measures undertaken by ICAO contracting states.
Amendments Nos. 1 and 2 amend section 14 and provide AirNav Ireland with the vires to provide aeronautical rescue co-ordination for search and rescue services as per annex 12 of the Chicago convention. Amendments Nos. 14 and 15 amend section 71 to clarify that the Minister may by order assign functional responsibility for a part of an annex to the Chicago convention to the Irish Aviation Authority, IAA.
Amendments Nos. 21 and 22 amend Schedule 2. Amendment No. 21 clarifies that the IAA has functional responsibility for the rescue co-ordination centres and for the rescue sub-centres aspect of annex 12 of the convention. Amendment No. 22 provides that the IAA has functional responsibility for annex 16 of the convention, save volume 4, which relates to carbon offsetting and reduction scheme for international aviation, CORSIA.
Amendments Nos. 3 and 4 are related and will be discussed together.
Amendment Nos. 3 and 4 related to the process of the vesting of AirNav Ireland. Amendment No. 3 amends section 14 to clarify that the functions conferred on AirNav Ireland by this Bill, which are currently functions of the IAA, will transfer to AirNav Ireland on the vesting day of AirNav Ireland and not on the commencement of the Bill.
Amendment No. 4 amends section 19 of the Bill to delete subsections 2, 3 and 4, which replicate subsections 2, 3 and 4 of section 19 of the Irish Aviation Authority Act 1993. These provisions were relevant in 1993 when the IAA was being formed from the then Department of Transport, Energy and Communications. They are no longer relevant because assets are being transferred between State bodies - the new IAA and AirNav Ireland - and not between the Minister and a State body.
Amendments No. 5 to 7, inclusive, 9, 11 and 18 are related and will be discussed together.
This group of amendments relates to provisions in the Bill concerning accounts and audit. They were developed in consultation with the Office of the Comptroller and Auditor General. Amendments Nos. 5 to 7, inclusive, to section 29 reflect the changes that have occurred in financial terminology since the enactment of the Irish Aviation Authority Act 1993. The amendments remove references to "balance sheets" and a "profit and loss account" as these terms have been replaced with "statements of financial position" and "income and expenditure account" respectively. Amendment No. 9 amends section 60 by deleting section 17(2)(f) of the Irish Aviation Authority Act 1993, which provides for the appointment of a commercial auditor to the IAA.
Amendment No. 11 amends section 66, which covers the accounts and audit of the IAA. The amendment specifies that the financial statements of the IAA will be audited by the Comptroller and Auditor General. It also removes references to balance sheets, profit and loss accounts and cash flow statements to reflect changes in financial terminology. The sections 30(3) and 30(4) proposed in the amendment provide that, in limited circumstances, a subsidiary of the IAA could be audited by a commercial statutory audit firm rather than by the Comptroller and Auditor General. This is subject to the approval of the Minister and the Minister for Public Expenditure and Reform, following consultation with the Comptroller and Auditor General.
Amendment No. 18 relates to the final accounts and final annual report of the Commission for Aviation Regulation. The purpose of this amendment is to reduce from 12 months to three months, after the dissolution of the commission, the time period in which the IAA must submit final accounts for the Commission for Aviation Regulation to the Comptroller and Auditor General for audit.
Amendments Nos. 8, 19, 20, 23 and 24 are related and may be discussed together by agreement.
This group relates to changes to Schedules 1 and 3 of the Bill. Section 41 of the Bill provides that the proposed AirNav Ireland may charge for the functions performed by it pursuant to the 21 EU regulations listed in Schedule 1. Amendment No. 8 provides that the Minister may, by order, add or delete from the list of EU regulations in Schedule 1. This amendment means that our legislation can respond to changes at a European level as they may apply to AirNav Ireland over time. Amendments Nos. 19 and 20 update the reference to the 21 EU regulations referred in Schedule 1 since the Bill was originally published in December 2020. Amendment No. 23 brings the reference to the 27 EU regulations in Schedule 3 up to date, since the Bill was originally published in December 2020. The amendments also add six EU regulations to those currently listed in Schedule 3, clarifying the IAA's existing responsibility as the national competent authority for these roles.
Amendment No. 10, which amends section 65 of the Bill, requires the IAA to consult with its shareholders in the preparation of its statement of strategy. The amendment replaces "may consult with stakeholders" with "shall consult with stakeholders". This amendment ensures that the importance of stakeholder engagement continues to be a key consideration for the IAA in the development of its statement of strategy.
Amendments Nos. 12 and 13 are related and may be discussed together by agreement.
Section 32 of the Irish Aviation Authority Act 1993 places a statutory requirement on the Minister to carry out an audit on the technical and safety functions of the IAA. As originally drafted and initiated in this House, the Bill increased the reporting time from three years to five years. This increase was informed by the fact that, when the 1993 Act was enacted, the IAA was not subject to significant oversight and audit by the European Union Aviation Safety Agency, EASA. That agency was established in 2002, some five years after the establishment of the IAA. While the reports required under section 32 remain an important oversight tool, much of the section's intent is now addressed by EASA oversight. It was on this basis that the interval of five years was seen as more appropriate given the changed regulatory and oversight landscape at European level. However, following engagement with Senators, I introduced an amendment to section 66 of the Bill to move the five-year period back to a three-year period. The second amendment, amendment No. 13, removes the Minister's discretion to withhold publication of the report and requires him or her to cause a copy of the report to be published on a website of the Government.
Amendment No. 16 provides for the convening by the IAA of an aviation stakeholders forum. The purpose of the forum will be to promote the sharing of best practice aviation safety initiatives, to engage with the IAA on matters relating to the regulation of aviation safety, to elicit views on proposals for EU or national regulatory changes with regard to aviation safety and to enable the sharing of aviation lessons learned, best aviation practices and aviation safety performance indicators and the provision of information on specific aviation safety risks. The aviation stakeholders forum will provide a means by which any safety-relevant issues can be brought forward for attention and teased out in a consultative and collaborative manner. The amendment also requires the IAA to publish a licence holders charter setting out the standards of engagement that will be undertaken by the IAA with the holders of licences.
Amendment No. 17 addresses the issue of crew peer support programmes. The amendment requires the IAA to undertake a review of the effectiveness of crew peer support programmes within 12 months of the commencement of the Bill. It specifies the issues that the review must consider, which include the promotion of the use of a programme and trust in it, the independence of peers from management or supervisory functions and the selection and training of peers. It also specifies that, in conducting the review, the IAA must seek the direct feedback of pilots and other stakeholders. The amendment requires the IAA to publish on its website a report on the results of the review. Finally, the amendment requires that any deficiencies or opportunities for improvement identified in the review be dealt with through the IAA's oversight programme or through the State plan for aviation safety, as applicable.
Agreement to the Seanad amendments is reported to the House. A message will be sent to Seanad Éireann acquainting it accordingly.