Alan Dillon (Mayo, Fine Gael)

I move:

To delete all words after "Dáil Éireann" and substitute the following: "notes that:

— the provision of an effective Maritime Search and Rescue (SAR) service is critical to Ireland as an island nation with a strong maritime sector, and the sector depends on the reliability and professionalism of the Irish Coast Guard and all its component parts, including Coast Guard helicopter crews; and

— the aviation service contract allows the Coast Guard to meet its obligations as prescribed in the National Search and Rescue Plan, the National Maritime Oil/HNS Spill Contingency Plan and its capacity to support other State agencies, in particular inland SAR support to An Garda Síochána and provision of Air Ambulance services to the Health Service Executive, including day and night support to the island communities;

recognises that:

— the continued delivery of safe, efficient, and effective aviation services for the Irish Coast Guard is the overarching priority for the Government;

— the safety of SAR crews, in particular, is of paramount concern; and

— the introduction of new Fatigue Risk Management Systems, and enhanced crew rest facilities, under the new contract, provide a step-change in ensuring continued SAR crew safety and wellbeing; and

accepts that:

— by law, matters pertaining to working hours, flight time limitations, and shift patterns of SAR crew are entirely a matter for the Irish Aviation Authority, as per their regulatory remit; and

— as such, these specific matters are de facto outside the remit of the Minister for Transport.".

I advise the House that the Minister of Transport does not have any regulatory oversight of the contracted service providers of the Irish Coast Guard aviation service. The competent regulatory authority for this service for the purposes of enforcement and oversight of the relevant national, EU and European Aviation Safety Agency regulations is the IAA. As the motion relates to a regulatory matter falling within the statutory powers of the IAA, the issue is not a policy matter for the Government and the Minister for Transport has no function in determining the rules regarding working hours, flight time limitations and shift patterns of search and rescue crew members. In these circumstances the Minister for Transport has tabled the amendment to the motion.

While the Minister for Transport does not have a role in the regulatory oversight of the service, be assured that the safety of our SAR aviation crews is his overarching priority. The majority of personnel who were employed by the outgoing contractor are exercising their option to take up similar positions with the new operator of the service. The amendment is tabled noting that the Irish Coast Guard aviation service is regulated by the IAA, and that it will only approve the operation of the Coast Guard aviation service once the operator has demonstrated that the service is compliant with all national and international regulations and is operated safely.

There are currently two contracted service providers of the Irish Coast Guard search and rescue aviation service in the State. The service is transitioning from CHCI to the new service provider, Bristow Ireland Limited, and this transition will be completed by the first quarter of 2026. Both service operators have the necessary IAA approvals to operate search and rescue services on behalf of the Irish Coast Guard. Notably, these include approvals regarding compliance with the Organisation of Working Time Act, in particular the requirements for flight time limitation schemes and rest requirements for crew members, including helicopters. In Ireland these are detailed in a direction published in the IAA's Aeronautical Notice O.58, which gives effect to Council Directive 2000/79/EC concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation and the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006. The directive makes provision for the maximum annual working time of 2,000 hours, to be calculated on the basis of an aggregate of both duty time and standby time, whereby only some elements of standby for duty assignment would be calculable towards the annual working time.

In Ireland, the IAA is the competent authority for the enforcement and oversight of the national regulations made to transpose the directive. In this instance, Aeronautical Notice O.58 provides that in the case of search and rescue, where certain safety requirements are met, only 25% of standby time shall count for the purpose of calculating cumulative duty. Consequently, where an operator defines a duty roster with a standby period, normally during night-time hours, and certain conditions are met in respect of rest facilities, including the opportunity to achieve a period of eight hours of uninterrupted sleep, then only 25% of the standby period is counted for the purpose of cumulative duty towards the maximum limit of 2,000 hours annual working time.

The new contract provides for the provision of suitable rest and sleeping accommodation and a requirement that on duty flight crews remain on base for their full tour of duty as a means of enhancing overall flight crew safety. Aeronautical Notice O.58 is being updated by the IAA, and the Department is being consulted, as required by the Irish Aviation Authority Act 1993 in cases where regulations affect the Irish Coast Guard. The updated aeronautical notice will also reflect the application of the IAA-approved fatigue risk management system, FRMS, regulation, which is in accordance with international best practice for aviation safety as prescribed by the International Civil Aviation Organization.

FRMS, a relatively new concept, is one of a number of systems used in the aviation industry to manage fatigue and rest time among flight crews. It is a data-driven scientific approach and a key feature of the transition to date has been the engagement by the new service provider, Bristow Ireland Limited, with the employee representative organisations Fórsa, Unite and IALPA. This engagement resulted in Bristow Ireland subsequently concluding collective bargaining agreements with the three organisations. Bristow Ireland continues to actively engage with CHCI staff who wish to take up a position with Bristow in advance of their move to their new positions and contracts.

The new aviation service contract provides an enhanced specification which includes six latest generation search and rescue AW189 helicopters, five of which are newly built and have been accepted into service by Bristow. The sixth helicopter is scheduled to arrive in Ireland shortly. All the helicopters will utilise the latest technology, which includes modern night vision flying equipment. In addition, for the first time, the new contract includes a fixed wing element which is being delivered by Bristow subcontractor, 2Excel Ireland, using two King Air aircraft. The fixed wing element of the service enhances the Coast Guard’s maritime and inland search and rescue capabilities, most notably through the provision of top cover communications for long helicopter missions, a life-raft drop capability, maritime environmental protection measures, including investigation of pollution and ship casualty reports, and capacity to transport up to three ambulatory patients for emergency and international transfers.

During the transition period, the Irish Coast Guard's aviation service continues to provide the highest standard of service to mariners, maritime and offshore communities and wider State support, particularly to the health service. The transition to the new aviation contract with newer, more technologically advanced helicopters is delivering a service better capable to respond and operate in a wider range of areas. The Coast Guard’s new fixed wing aircraft service has enhanced the search and rescue and pollution monitoring capabilities. It is also available to support other State agencies where necessary.

Over the past 12 months, the Coast Guard helicopters were deployed 929 times, saving 461 lives and assisting another 376. Of the total number of incidents, about half were assistance to the health service and over 120 involved evacuations of injured or sick persons from offshore islands. Finally, 27 incidents involved mountain rescues, 21 incidents involved medical evacuation of personnel from vessels at sea and the rest involved missions in assisting An Garda Síochána in missing person searches.

In conclusion, Coast Guard SAR aviation services are regulated by the Irish Aviation Authority. The Minister for Transport does not have any role in the regulatory oversight of this essential State service or the contracted service providers.

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