Seán Crowe (Dublin South West, Sinn Fein)

This is as important a piece of legislation to come before the House this year as any other. It will also be one of the most neglected, as the Government parties will concentrate more on what they might view as the juicier vote buying Bills and announcements, which are sure to flood the Chamber in the coming months.

The Bill is important because it links future economic development on the island and the role and influence of the European Commission, the decision-making powers of the Government and the transparency within that Government, the issue of public ownership of national resources and the role of the private sector in the economy. The Bill also raises the subject of the impact of international military and defence policies in the Irish economy and in Irish politics.

In respect of air transport strategy, Members are asked to support this Bill on the basis that Europe's airspace is one of the busiest in the world and that we must ensure its future growth. In 2005, there were more than 9.2 million flights and it is estimated that this figure will double by 2020. On busy days in Europe, more than 30,000 flights take place. While the number of flights is an impressive marker of the growth of the European economy and the level of interconnectedness of its people, there are also strategic concerns for the Irish economy which have not been adequately addressed by this Bill. For an island that depends on its ability to export and import efficiently and cheaply, this legislation is vital. More than 35 billion tonnes of freight were carried through European airspace last year. The proposed legislation frequently makes reference to the efficient and safe running of airports in member states which caused me to wonder about the whereabouts of the strategic plans for Irish airports which were promised during the break-up of Aer Rianta.

If one can come to any conclusion from considering this Bill which promises a seamless air traffic management system for Europe, it is to question whether a seamless air traffic transport strategy exists for the island of Ireland. The answer must be a resounding "no". Essentially, the Bill deals with the administration of Eurocontrol, the European organisation for the safety of air navigation. It is a civil and military organisation which currently has 35 member states. One of Eurocontrol's key concerns is the construction of sufficient capacity to enable future growth in European air travel. Again, this raises questions of the situation in Ireland, where congestion in Dublin airport, combined with the underdevelopment of other regional airports means that no matter what happens within European air management, we will still be left with a creaking airport network.

I refer to powers to enter premises. The Bill offers interesting powers to ensure compliance with the Eurocontrol convention. Section 3 of the Bill alludes to them, where the legislation empowers an authorised person to enter any premises of any aircraft operator and to inspect, take copies of any books, records and other documents, as well as copy or extract any data needed for any aircraft operator. The Bill also empowers the Garda to accompany any authorised officials carrying out random inspections. It should be noted the legislation includes aircraft in its definition of a premises. Hence, this is a tool for the Garda and for the Government's officials to inspect a small number of the hundreds of United States flights which touch down in Shannon Airport, without infringing on the rights of what the Minister for Foreign Affairs tells us is a friendly nation.

As for protocols, I note from the draft Bill the presence of protocols inserted by the Belgian and German Governments. In particular, the Kingdom of Belgium has declared that what is behind the Bill "attaches particular importance...to the airspace being organised in such a way as to guarantee there will be no discrimination in the accessibility of its airports". Is the Minister responsible for this legislation not concerned that the Government should have included such a clause itself?

As I have already stated, air travel, in terms of passengers and freight, as well as access to international airspace, is emerging as a key factor in the future economic development of this island. Hence, we must ensure that every effort is made to guarantee the best quality of infrastructure in international and European air travel management. I wonder how much thought has actually been given to this issue. I hope the Government did not, as is often the case in EU and international negotiations, merely act as yes-men or yes-women when it came to negotiating the Eurocontrol convention. I refer to harmonisation of air traffic management and military implications. If an inclusive Europe is being built, harmonisation of air traffic management is vital.

However, while I welcome a civil aviation air traffic management strategy, I am concerned about inserting references in domestic legislation to meeting the requirements of all civil and military users. The requirements of civil users are plain enough as they want a safe, dependable air traffic management system with a minimum of delays. What are the requirements of military users? They are not spelt out in the legislation. What are we being asked to support? The convention also commits Ireland to participate in the design, implementation and monitoring of a global navigation satellite system. I take it this refers to the Galileo project which is estimated to cost €3.4 billion. The explanatory memorandum states there are no additional costs to the Exchequer. How much is the Government contributing to this project? Under whose budget will the costs be borne?

The convention agrees to establish an independent performance review system that will address all aspects of air traffic management, including policy and planning safety management on the ground in airports and in the air. This is important as competition between airlines and airports is creating intense pressure within the industry. All passengers flying in Europe should be able to undertake a journey in the knowledge that the highest safety standards are in operation no matter where they are flying to or who they are flying with.

The convention is short on specifics but long on commitments. Article 2(m) commits the Government to support the improvement of efficiency and flexibility in the use of airspace between civil and military users. Tens of thousands of US military personnel travel through our airports and airspace. What does such efficiency and flexibility mean, given that until now, we have seen only expediency and cover-up regarding the military use of domestic airspace? For example, is the Government aware that, at the end of this month, Dallas, Texas plays host to a conference on communication navigation surveillance air traffic management? This year's theme is integrating military operations in a civilian CNSATM environment. Representatives of NATO and the US and other national air forces will attend. This is one example of the not so hidden aspects of the Bill we are being asked to support.

While the Bill is worthy of consideration, it does not deal adequately with ensuring Irish interests are being promoted and protected efficiently and leaves many unanswered questions about its military applications.

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