Hildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

I cannot accept amendment No. 10. This amendment relates to a crew peer support programme. Peer support programmes are governed by EU legislation, mainly Regulation No. 2018/1042. This regulation introduced new requirements for support programmes that require operators to enable, facilitate and ensure access to a proactive and non-punitive support programme that will assist and support flight crew in recognising, coping with and overcoming any problem that might negatively affect their ability to exercise the privileges of their licences safely. Such access shall be made available to all flight crews. These requirements came into effect in February this year. I understand the European Aviation Safety Agency will review their effectiveness next year. Our Department and the IAA will be feeding into that and will be consulting industry about that review. This is an important safety issue; of that there is no doubt. A proactive and non-punitive support programme will benefit the aviation industry, crews and the public, which is why I strongly support action in this area. However, the place for that action is primarily at EU level as it is an area of EU competence.

The IAA is already the competent authority in respect of this EU regulation and already ensures every operator is compliant with it. The amendment proposes a further national level requirement that includes national reviews and a single national forum. It prescribes the timings, areas covered by the review, actions the IAA will take and the establishment of a national forum and its functions. The IAA is operating within a larger, integrated, single European civil aviation system. Replacing this programme and forum at a national level in primary legislation does not address it as a pan-European requirement. If the programme needs a review or engagement needs to be strengthened, that should be done at European level with a focus on the European Aviation Safety Agency with the EU making programmes that can be developed there. This should help to ensure a pan-European approach can be taken.

In addition, the EU-level approach will avoid conflict between Irish national requirements and the EU area of regulatory competency, or for applying a non-level playing field to Irish industry. It is my view that primary legislation is not suited to a hard code or a forum structure of rules and procedures in an area where the competence is at European level. That is the reason I cannot support this amendment but, again, I understand the intent of it.