I have two additional technical amendments that I propose to bring on Report Stage. The first is an amendment to section 14 to clarify the sequencing of steps between the commencement of and the vesting of IANS or AirNav Ireland. The second is an amendment to section 19 to delete provisions which replicate provisions in the 1993 Act, which are no longer relevant.

This is a budget that invests in essential infrastructure of all modes of travel and supports greater safety and sustainability. It supports the protection and renewal of our national, regional and local roads and in the case of regional and local roads, enhances walking and cycling options along these roads. It supports regional connectivity and promotes maritime safety and security. As Minister of State with responsibility for road safety, I was very pleased last week to open officially the new safe routes to sch…

Section 32 of the Irish Aviation Authority Act 1993 provides: The Minister shall, at least once in the period of 3 years beginning on the vesting day [of the Irish Aviation Authority, IAA, 1 January 1994] and in each subsequent period of 3 years... appoint a person to carry out an examination of the performance by the company of its functions in so far as they relate to the application and enforcement of technical and safety standards in relation to aircraft and air navigation and to report in writing to the Minist…

If the period provided in section 66 was five years, then it would require the appointment of a person to undertake the performance of that examination by 7 May 2025. With the amendment I am bringing forward, which stipulates a three-year time period, section 66 would require the appointment of a person to undertake the performance of that examination by 7 May 2023.

In September 2020, following an open competition, Mr. Diarmuid Ó Conghaile was appointed aviation regulator and CEO designate of the IAA on a fixed-term contract of seven years. In August of this year, Mr. Ó Conghaile announced his intention to resign his position. He will cease employment with the IAA on 31 October this year. The IAA is in the process of running a recruitment campaign for a replacement CEO. Following consultation between my Department, the IAA and the Public Appointments Service, PAS, the IAA will…

Section 68, which amends section 38 of the Act of 1993, provides that the first chief executive of the new IAA appointed after the commencement of the section shall be appointed for a period not exceeding seven years and each subsequent chief executive shall be appointed by the Minister after consultation with the directors of the IAA for a period not exceeding seven years. The Minister should have the discretion to appoint the chief executive of the IAA for a period up to but not exceeding seven years. The Bill pr…

On Senator Craughwell's amendment, the 1993 Act specifies a term of up to seven years for the chief executive of the IAA and this Bill mirrors that. In terms of the complexity around a stand-alone aviation regulator and what is envisaged here, having that window of up to seven years would be important given the importance of the role and the restructuring, which is what this Bill is all about. Again, the term does not exceed seven years which is important to state. In response to Senator Doherty's questions, the PA…

As I have stated in previous addresses to the Seanad around the expertise, and as Members know, the IAA has extensive and highly regarded technical expertise as it operates as part of the executive framework, but with an obligation to decide on matters within its own remit, and it works on an independent basis. A different approach may be appropriate where it is necessary to have expertise to assess the conduct of the functions of the IAA. The normal approach, for example, to the preparation of draft legislation is…

I have already replied to the expertise issue. It is important to get the message out there that it is open to anyone to apply for this position. It is an open competition. They will be running a recruitment campaign for a replacement CEO. There will be two processes, one through the Public Appointments Service and there will also be an executive search company in place to support the recruitment campaign. That allows the best opportunity for those who feel they are most qualified to apply. It is important to state…

Yes, the board will appoint the interim CEO designate.

I thank the Senators for giving me the opportunity to respond to this matter. As is established practice in State agency restructurings, transfers or mergers, the pension provision currently being experienced by employees should not be impacted. Employees should be no better nor no worse off under the new arrangements. The Bill provides safeguards regarding this and ensuring this has been a key objective for my Department. It is currently the case that the IAA may grant pension increases from time to time following…

I shall speak to the amendments. The Schedule to the Irish Aviation Authority Act 1993 sets out the annexes to the Chicago convention on civil aviation for which the IAA has functional responsibility. This group of amendments, or technical amendments, are to provide clarity regarding the functional responsibility of the IAA in respect of annexes 12 and 16. Annexe 12 of the Chicago convention concerns the establishment, maintenance and operation of certain rescue services by ICAO contracting states. Annexe 16 of the…

No, that is not the case.

Ireland enjoys a strong position on the ICAO league table for the effective implementation of global aviation standards, which place Ireland in eighth position in the world ranking of 193 states and in second position among EU member states. Ireland's compliance with ICAO standards and recommended practices is subject to audit by the ICAO under its universal safety oversight audit programme. In 2013, the ICAO refocused its audit problem to a continuous monitoring approach to states' safety oversight systems. This c…

To reiterate, Ireland’s compliance with ICAO is subject to continual monitoring approaches and oversight systems. They are in place. This is a continuous process, as I said. In addition, as part of this Bill, there will be a requirement for the Irish Aviation Authority, IAA, to prepare and submit to the Minister, by 30 April every year, a safety aviation performance statement. Section 67(3) requires that statement to include details of the activities carried out during the relevant year and the outcome and follow-u…

Just to clarify, is that in relation to the air accident investigation report?

I apologise. Can the Senator repeat his question? I need to-----

First, just to clarify, we have oversight by ICAO and the European Union Aviation Safety Agency, EASA, and obviously we want to continuously improve. The IAA has accepted all of the recommendations of the air accident investigation report. It is important to reiterate that. I said this previously in this House. We all have the same goal, which is ensuring that we have best practice and best oversight. We have EASA carrying out that oversight, as well as ICAO. I wish to reassure Senators that oversight is there. Thi…

Just to clarify, as I said at a previous hearing in the Seanad, the Department has committed also to reviewing the issue of expertise in the Department. I just want to reiterate that point. I again state that all the recommendations have been accepted by the Department and are being acted on and being progressed. If the Cathaoirleach permits me, I wish to clarify from earlier in regard to the pass process and the executive search process for the chief executive of the IAA, they are one and the same process.

I have spoken to it.