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

I thank the Deputies. I cannot accept amendment No. 17 and the related amendments Nos. 19 and 25. However, I agree with the sentiment. The ultimate sanction of losing a licence should not be the only sanction available to the regulator. Sanctions must be effective and proportionate. I recognise that having a single sanction only may weaken the IAA's response to issues. Withdrawal of a licence, approval or certification, which is available at present, can have a significant impact on an individual's livelihood or a significant financial impact on a commercial operation. This is why I agree wholeheartedly with the intentions of the amendment. I have examined the detail of the amendment and must commend the Deputies on their efforts. It is very extensive and includes a detailed system of administrative fines, including investigations, reporting, decisions, appeals and ultimate recourse to the courts.

I bring to the attention of the Deputies that the provisions are already provided for in the Bill. Fixed charge offences are provided for in section 72. Summary offences may be declared by the Minister for Transport by means of regulations made by the Minister. The Minister may prescribe the amount of each fixed charge and may prescribe different amounts for different fixed charge offences and for different classes of aircraft.

Section 72 was drafted specifically with the intention of addressing the lacuna in enforcement identified by having this single action. While the detail of the penalties will be left for regulation, I suggest that the Bill as initiated will achieve the same aim as the proposed amendment without the need to prescribe full sanctions in the system. I suggest this is the most effective and efficient implementation that meets the aim of the proposed amendment. We are already making provision for the tools for a graduated response within the Bill.