Tommy Broughan (Dublin North East, Labour)
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Question 78: To ask the Minister for Transport if he will review the air passenger protection rights for travellers in the context of the recent volcanic ash crisis that caused such disruption for air passengers at Irish and international airports; if he is monitoring the situation on an ongoing basis to ensure that all passengers who were disrupted have their full passenger rights honoured in terms of their right to care; his views on whether major airlines indicated that they may not comply with the law in this regard; when he will publish his plans for an air passenger fund; if the airlines will have to contribute to this fund; when it will be operational; and if he will make a statement on the matter. [17856/10]

Noel Dempsey (Meath West, Fianna Fail)
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Regulation (EC) 261/2004 established common European rules on compensation and assistance to passengers in the event of cancellation or long delay of flights or in the event of being denied boarding.

The Regulation clearly sets out the rights of passengers in such events and the obligations on airlines to provide care and assistance. While the flight cancellations and delays which occurred during the recent volcanic ash crisis were the result of extraordinary circumstances beyond the control of the airlines, the Regulation is quite clear that the airlines nonetheless have an obligation to provide certain types of care and assistance as set out in the Regulation.

The Regulation has direct application in Member States and the Commission for Aviation Regulation (CAR) has been designated as the National Enforcement Body for the Regulation in the State. The CAR is the competent body to enforce the provisions of the Regulation arising from cancellations due to depart from Ireland; for travellers whose cancelled flights were due to depart from other Member States, the relevant national enforcement body will be the body designated by that Member State.

Passengers must apply to their airline in the first instance to claim their entitlements. If airlines do not comply with the law and passengers fail to receive their entitlements, the relevant national enforcement body can then take enforcement action. The list of all EU national enforcement bodies is available on the CAR's website www.aviationregulation.ie along with all other relevant information on the provisions of the Regulation. The CAR was represented on the Government Task Force on the crisis and was very proactive in informing the public of their rights under this legislation.

I have no plans to develop an air passenger fund. The existing EU Regulation provides comprehensive consumer protection for air passengers.