Michael D Higgins (Galway West, Labour)
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Question 7: To ask the Minister for Transport his views on the decision by the European Commission to send letters to those member states which have air service agreements with the United States; the action he will take following the European Commission's statement that Ireland's agreement with the United States in this regard is a flagrant breach of European law; and if he will make a statement on the matter. [9689/05]

Martin Cullen (Waterford, Fianna Fail)
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On 16 March 2005, the European Commission decided to send infringement letters to 20 EU member states, including Ireland, that have bilateral air transport agreements with the USA. Ireland received that letter on 21 March 2005.

In the letter, the Commission expressed the view that, due to certain aspects of the EU bilateral aviation agreement with the USA, Ireland has failed to fulfil its obligations under the treaty establishing the European Community. The Commission has asked for a response within two months of receipt of the letter. This is a complex matter that will be examined carefully before a reply can be issued. Until that consideration is complete, I will not be in a position to comment on the matter.

Róisín Shortall (Dublin North West, Labour)
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I asked the Minister for his opinion on the decision. It is a straight question and it is unacceptable for him to say that he is not prepared to respond until his Department prepares a reply. What is his response to the Commission decision?

Martin Cullen (Waterford, Fianna Fail)
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The Commission is clearly preparing an open skies policy. It does not like the existing agreements in 20 different countries, so we are not alone on this. It is in preparation for the EU-US summit next month on open skies. The EU is entitled to take that view. I am taking legal advice on the implications of the letter. I will not put Ireland, particularly Shannon, in a weakened position by sitting back and doing nothing while the EU and the US come to a new agreement. We must position Ireland in a positive light. We must make sure we can do business with the US so that we can develop Shannon and air traffic between Ireland and the US.

Róisín Shortall (Dublin North West, Labour)
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Does the Minister accept there is room for side deals?

Martin Cullen (Waterford, Fianna Fail)
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I do not want to be put in the position in which the Deputy is trying to put me. I am in a negotiating position at the moment. I am fixed on what we are trying to do. I respect the EU, but I am also a Minister in the Irish Government. I want to make sure Shannon and Aer Lingus get every opportunity to develop.

Pat Breen (Clare, Fine Gael)
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Is the Minister interfering with Government policy when he interferes with the current bilateral agreement? The reports we hear from Washington and Dublin mention a three year lead-in period for the ending of the agreement. Can the Minister comment on that?

Martin Cullen (Waterford, Fianna Fail)
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I have no idea where that is coming from. I am in a negotiating position at the moment. Deputies should expect that I do not show my cards in the House. I would not expect them to do it if they were in my position. I want to make sure that we get the best possible deal. There are great opportunities for Shannon and I will ensure that it gets the benefit of those opportunities.

Eamon Ryan (Dublin South, Green Party)
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Does the Minister believe there should be direct flights between Cork Airport and the US?

Martin Cullen (Waterford, Fianna Fail)
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People I met in Cork believe there is a possibility of direct flights from Cork to the US. That is the point of the independence granted to Cork and Shannon airports. For a long time, they did not want to be restricted by Dublin. There are great opportunities in many different directions, one of which is the transatlantic route. Cork will surely benefit from that.

Róisín Shortall (Dublin North West, Labour)
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What timescale does the Minister envisage for the conclusion of the open skies negotiation between the EU and the US?

Martin Cullen (Waterford, Fianna Fail)
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I cannot comment on the EU agreement, because I am not party to those talks. Indications make it clear that both parties want to get an agreement in place. I would like to see a good outcome from the Irish perspective within a month or so.