Olivia Mitchell (Dublin South, Fine Gael)

I move amendment No.1:

In page 4, subsection (1), line 16, after "Act" to insert the following:

"and being one which is required to be covered by the registering state pursuant to EU Regulation 2407/92 and EU Regulation 785/2004".

My difficulty with the Bill is that I do not accept Irish aviation would be grounded if the Bill were not passed, which is a fairly fundamental difficulty. On Second Stage, I referred to the fact that exclusion clauses exist at present, for example, for radioactivity damage. I do not understand why that situation cannot continue. It seems this is being done because the EU requires us to do it. It seems perverse of the EU to bring in regulations requiring insurance that is not available and putting an onus on states to provide that kind of cover.

Having said that, I am not convinced that is what the EU is doing because, with regard to the caveat I referred to earlier, it requires in circumstances where commercial cover is not available that it will determine the circumstances in which insurance is required by the State, or where indemnity must be given by the State. As far I know, the EU has not determined the circumstances. The onus is on it. The purpose of the amendment is to make it specific that cover would only be given if the EU requires it, which I do not accept it does. It is a belt and braces approach.

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