Martin Cullen (Waterford, Fianna Fail)

The Deputy's amendment No. 5 would mean there could be uncertainty about when an indemnity would terminate. If a condition of terminating an indemnity were that it must be transmitted in a manner likely to come to the attention of the intended recipient there could be a legal challenge on the meaning of the section. The current text of section 14 is absolutely clear that the latest a termination will take effect is one hour after the Minister issues the termination, regardless of how or when it is received by the air navigation undertaking. It is a matter for every undertaking to ensure it is in a position to receive and act upon an act of termination at very short notice.

The possible circumstances that could surround a termination of an indemnity could involve an incident with a dirty bomb or an electromagnetic pulse. If a decision were taken to suspend or terminate an indemnity there must be absolute certainty on when the termination takes effect. This amendment would introduce a significant element of uncertainty and therefore I do not propose to accept it.

The Deputy raised the point and we sought legal advice on the matter. The intent of the Government is clear. It is to protect the taxpayer and put the onus on the other side rather than on us, which could open up the possibility of legal challenges. We want certainty from the moment the termination isissued. Within one hour it has legal effect and that is the basis of it.

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