Pat Gallagher (Donegal South West, Fianna Fail)

This amendment and amendments Nos. 2, 3, 5 and 11 are being taken together.

The Deputies are quite correct. This matter was debated at length on both Second Stage and Committee Stage. All of these amendments arise from concerns about the powers of detention and sale of aircraft for non-payment of airport, air navigation and communications charges.

We have taken a policy decision not to impose the provisions of the revised Eurocontrol Convention concerning joint and several liability in the case of unpaid Eurocontrol en route charges. We are not providing in this Bill for those provisions in Annex IV of the revised convention relating to this matter. I assure Deputies Olivia Mitchell and Shortall that the passage of this Bill in its current form will not increase our current powers relating to detention and sale of aircraft for unpaid charges. There may be a perception that we are doing something new. I will clarify the position and give the facts. These provisions have been in place since 1988. It has been suggested that this may be unconstitutional and it may be challenged.

I acknowledge that, in addition to Deputies Mitchell and Shortall voicing concern, a number of leasing companies also voiced concerns about the powers in earlier Acts dating from 1988 and asked, as the Opposition spokespersons to whom I refer did, that these be modified in the Air Navigation (Eurocontrol) Bill 2005. As a result of this and the contributions of the Deputies, I consulted the Attorney General's office and other interested parties such as the Irish Aviation Authority, the Dublin Airport Authority and Eurocontrol. All argued against the removal or dilution of the existing powers of detention and sale.

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