Olivia Mitchell (Dublin South, Fine Gael)

This issue has been debated at some length in the Seanad and in this House on Second and Committee Stages. I again, with Deputy Shortall, make this plea on Report Stage. We genuinely believe that a significant wrong will be included in this Bill. It is contrary to natural justice. I tabled a composite amendment to the effect that no liability would be created on the owner of an aircraft unless that owner was also the operator. There should be no lien on an aircraft in circumstances where the operator reneges on fees to either Eurocontrol or an airport. There should be no grounding of an aircraft unless the offender is both the owner and the operator, and neither airports nor Eurocontrol should be given the power to sell aircraft unless the person who reneges on the bill is also the operator.

If Members allow this situation to pertain, they will merely allow tardy and sloppy debt collection on behalf of airports and Eurocontrol which has had few problems in collecting bills. As my colleague, Deputy Shortall, noted, this runs counter to natural justice. It makes no sense to go beyond what is required to comply with the regulation.

I made a similar point in respect of property rights on Committee Stage. Deputy Shortall used the analogy of an ESB bill. I used the example of renting a car where a person may be fined for an offence such as speeding. In a case such as this, the Garda could take the car, even though it was rented. It makes no sense to give this kind of power to either Eurocontrol or the airports and it goes far beyond what is permissible under company law for other sectors.

Moreover, as this goes beyond what the laws in other countries require in similar circumstances, we will penalise our own aviation sector. We will penalise those who lease aircraft or manufacture aircraft parts as well as those who are involved in repair or maintenance. In addition, this measure will make Ireland an unattractive place for planes to land because it exposes them to being grounded, put up for sale to pay bills or debts, or used against money that is outstanding. Hence, we will penalise ourselves as well as the tourism industry and the air freight business. In other words, this will create a competitive disadvantage relative to every other European country.

Even at this late stage, I ask the Minister of State to go back to the drawing board and reconsider this provision. I am also convinced that there will be constitutional challenges to this measure based on property rights. We should get this right now. Why put an industry that we value, or say we value, at an unnecessary disadvantage?

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