Duncan Smith (Dublin Fingal, Labour) | Oireachtas source

I move amendment No. 8:

In page 40, between lines 9 and 10, to insert the following:

“Licence Holders Forum Section

58.The Act of 1993 is amended by the insertion of section 14A: “14A.(1)The Irish Aviation Authority shall establish a standing body to serve as the collective statutory collaborative and consultative forum in relation to air safety and its regulation between the Irish

Aviation Authority and persons or bodies that it licenses or authorises who are active in commercial aviation, to be known as the Licence Holders Forum.

(2) Without prejudice to subsections (6) and (7), the Licence Holders Forum shall meet at least twice per annum at which the Irish Aviation Authority shall be represented by its Chief Executive and be accompanied by such other staff of the Irish Aviation Authority as necessary. Secretariat services shall be provided to it by the Irish Aviation Authority.

(3) Each of the following may appoint one representative on the Licence Holders Forum—

(a) any air carrier holding an Air Carrier Operating Licence issued under Regulation (EC) No. 1008/2008,

(b) any recognised trade union or recognised stakeholder group representing fifty or more persons authorised to hold a commercial pilot’s licence or an airline transport pilot’s licence,

(c) any recognised trade union or recognised stakeholder group representing 50 or more persons licenced or authorised by the Irish Aviation Authority other than holders of commercial pilot licences or airline transport pilot licences. Where the particular class of licensed person is less than 50 then 50 per cent of their actual number by function shall suffice.

(4) The Licence Holders Forum shall also comprise such other representatives of stakeholders in aviation safety as determined jointly by the representative of the Irish Aviation Authority and those persons appointed pursuant to subsection 3.

(5) The Licence Holders Forum shall adopt its own procedures including arrangements with respect to the promotion of candour and the treatment of confidential information.

(6) The Irish Aviation Authority shall consult the Licence Holders Forum at least 28 days in advance in relation to the following—

(a) its proposal of a draft statement of strategy pursuant to section 29A. (1),

(b) its submission to the Minister of any report pursuant to section 32(1) or 32(2),

(c) its submission to the Minister of an aviation safety performance statement in accordance with section 32A(1),

(d) the adoption of a State Plan for Aviation Safety in accordance with Article 8 of Regulation (EU) 2018/1139,

(e) the making of a decision pursuant to section 36,

(f) in respect of its adoption of any implementing measures (including orders pursuant to section 58) to give effect to any domestic, European Union, or international law requirement concerning or relating to authorisation or licensing, and

(g) all proposed or requested initiatives concerning the authorisation of licencing of personnel or carriers.

(7) The Irish Aviation Authority shall keep the Licence Holders Forum informed in relation to the following matters—

(a) the Irish Aviation Authority’s fulfilment of its regulatory performance plan as an element of its aviation safety performance plan,

(b) the implementation and operation of the Licence Holders Charter adopted under section 14B,

(c) any concern of any representative as to technical or safety standards for aircraft or air navigation or anything affecting or likely to affect the safety of civil aviation, and

(d) any guidance, clarifications, or direction issued under the Charter adopted under section 14B.

(8) Each representative on the Licence Holders Forum may propose for discussion anything in relation to—

(a) the licensing of persons or carriers involved in civil aviation,

(b) safety concerns associated with any licence or authorisation issued by the Irish Aviation Authority, and

(c) any issue concerning the safety of aircraft or air operations, whether or not regulated or subject to the oversight of the Irish Aviation Authority.”.

I thank the Chair and committee for how they have ordered business today to facilitate me, in particular. I move amendment No. 8, which relates to a licence holders' forum. There are regular Irish Aviation Authority, IAA, forums where the airlines and the IAA meet and where operational and other issues are discussed, but some of the unions that represent licence holders have been excluded. This is a practice that cannot go on and this amendment would rectify that. We are calling on this legislation to oblige both the IAA and the Irish air navigation service, IANS, to establish a stakeholders' forum to include the Irish Air Line Pilots' Association, IALPA, and the other unions representing other licence holders, which would meet every quarter to discuss and consult on relevant issues.