Oireachtas Joint and Select Committees

Wednesday, 4 October 2017

Joint Oireachtas Committee on Transport, Tourism and Sport

Ryanair Service Provision: Commissioner for Aviation Regulation and Irish Aviation Authority

1:30 pm

Mr. David Hodnett:

A direction from the commission to an air carrier in these situations, to take the Deputy's example, would be that the carrier give the customer the correct information on his or her flight and if he or she is due moneys for reimbursement or compensation and that has not been forthcoming, to do that within a 14-day period. That is the direction that the commission would give the airline. If the airline thereafter fails to comply with that direction, it is possible to commence proceedings in the courts in Ireland with a view to having a fine imposed on it for breaching the regulation.

In the shorter term, if a customer believes he or she is out of pocket because he or she has not had his or her rights vindicated by the airline and he or she complains to the commission, the direction for that customer to the airline is to pay out what the customer believes to be due. If the airline does that as a result of the direction, no further action occurs.

Separately one could take a view on the entirety of the approach, as the commissioner mentioned earlier. The commission could take a view as to whether there was an infringement generally regarding information being given to passengers. If the airline complies with any direction that is given by the commission, there is no further legal action because that is the legal process set out in section 45 of the Aviation Regulation Act 2001. The process set out is the commission, if it gives a direction to the airline, is restricted to giving the airline a direction to do a particular thing, and if that is done, there is no further action. It is only if it is not done that it becomes a court case where a fine may arise. That is the process in Ireland.

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