Pat Gallagher (Donegal South West, Fianna Fail)

I move amendment No. 6:

In page 8, line 39, to delete "or".

This amendment is grouped with amendments Nos. 7, 8, and 9 which refine the technical amendments to section 40 of the Aviation Regulation Act 2001. These original technical amendments related to the consideration of appeals of airport and aviation terminal charges determinations made by the Commission for Aviation Regulation. The amendments made on Committee Stage to section 40 of the Act extended the maximum time available to the appeal panel established under that section to consider an appeal from two months to three months. They also extended the time available to the Commission for Aviation Regulation to consider any matter referred back to it by the appeals panel from one month to two months.

There was a further amendment to section 13 of the Aviation Regulation Act 2001 to cover a situation where an appeal panel referred to the Commission for Aviation Regulation took place when the commissioner's post was vacant. The purpose of this further amendment, amendment No. 6, provides that in the event of a commissioner starting consideration of an appeal panel referral but being unable, through incapacity for example, to decide on an appeal within the proposed two-month statutory period, the appeal can be decided by the deputy commissioner or another commissioner. While this may be a remote circumstance, it is considered preferable to address it to avoid any doubt.

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