Bernard Durkan (Kildare North, Fine Gael)
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I have no disrespect for the Minister for Education and Science and her ability to respond but it may be better to wait until the Minister appears.

I had just started on the last occasion the Bill was before the House. I have a built-in sensitivity in regard to the words "control", "navigation" and so on because we live in a world where control seems to grow and grow. There are a number of issues I would like to see dealt with. The interests of those who use airlines on a daily basis should be kept to the fore, as opposed to the interests of bureaucrats, administrators and distributors of information who do so on a need to know basis, that is, their determination of what one needs to know. In such a situation it should be the customer's determination of what he or she needs to know and it should not be at the behest of bureaucrats or administrators.

One area I hope the Bill deals with is a matter raised in a recent TV programme. I saw in a recent TV exposé of a particular airline where people were expected to sit on the tarmac for two hours and wait. I hate to say this but it did not require an exposé to bring that issue to the fore. That has happened to many people in respect of all airlines from time to time, not just one airline, Ryanair. It has happened at Dublin Airport on countless occasions where people have had to wait for a slot through Air Traffic Control from the UK and go through considerable inconvenience. I was amazed that in the recent TV exposé it was deemed extraordinary that passengers were exposed to unusual hardship as a result of this, as it happens all the time. It does not happen with the Government jet but it happens to other aircraft. Let us be clear that particular issue was aired and broadcast for a particular effect. The people who produced that programme could go back again and examine all aspects of air traffic control and air traffic management or the situation whereby people have had to wait on the tarmac for up to two and three hours. I hope that issue will be dealt with in a way that ensures passengers are not treated in that fashion.

Another matter that needs to be brought to public attention is the ever-growing concern about safety. We all realise that air traffic control and management is a huge issue. We recognise there should be some means of regular monitoring of the swings and balances in place to protect human life and those who use the system as opposed to the protection of a system. We need to keep in mind that aircraft are getting bigger and are able to carry more passengers. The most recent construction from the aircraft industry will carry more people than ever before. We are talking about a huge liability in terms of safety so far as passengers using the aircraft are concerned. The time to do things is not after the event. All the necessary procedures should be put in place before the event to ensure the optimum safety requirements are met. All the training in respect of crews should be met in such a way as to ensure we cover ourselves in the event of a tragic event arising.

We have all had examples of Irish passengers being stranded abroad, particularly at holiday time. Here I refer to chartered aircraft where it is not unusual for passengers to be stranded abroad for a day and a night and sometimes two or three days and nights for one reason or another. In some cases it is due to a dispute, overbooking or quick turn-around and inability to do the turn-around in the shortest possible time. Without mentioning any airline I revert to the recent TV programme that attempted to reflect poorly on what is essentially a busy low-fares Irish airline.

Most of the critical issues raised in the programme have affected every airline in the world at one time or another, and some to a greater extent than the airline that was the subject of the programme.

The question of overbooking applies not just to one airline but to many, and contempt for passengers by the industry in cases of overbooking is well known. I have not experienced this while flying with our national airline, but suffice it to say that all the issues brought to the fore in the programme are not unusual. Regard should be had for the need to uphold the highest possible safety standards.

Landing fees and route charges contribute to the cost of flying and greatly inhibit the development of a proper air transport system in and between countries. I do not wish to elaborate on the various problems in this regard, but we know and have spoken about them. Landing charges and other route charges that affect the cost to the consumer inhibit the ability of airlines to deliver a quality product to consumers. All such issues need to be borne in mind and dealt with, but not at the expense of safety. If this could be done, it would make a great difference.

On the question of landing slots and flight plans, I do not know how much better circumstances will be after the passage of this legislation, in spite of its being important to co-ordinating the methodology for dealing with air traffic. Let us hope that when it is implemented, any problems that arise or are seen to arise will be dealt with effectively and on the basis of experience.

I am sure we have all been on flights during which there have been worrying incidents. I remember having one such experience quite a long time ago. When I was younger and had more time on my hands, for my sins I learned to fly an aeroplane and therefore had a little knowledge of what was happening during the crisis. Nobody ever informed the passengers about what had happened. The incident was ignored and nobody said there had been a close call or acknowledged that the passengers got a shock. The pilot did not request over the tannoy that passengers relax or state there had been a minor transmission problem, or whatever it was. Incidents occur occasionally that are not necessarily in accord with what should happen.

On the legislation affecting air traffic control, we should learn from experience, not only where incidents are reported but also where incidents that are obvious to somebody somewhere are not recorded. All incidents are supposed to be recorded in a specific way. I do not want to point the finger at those who were responsible for the incident I experienced and will therefore elaborate no further. Suffice it to say that no one airline has a monopoly on safety. They all try to do a reasonably good job and should be commended on doing so.

As an island nation, we need to focus on our means of transport and recognise that air travel is one of the quickest and most efficient ways of getting on and off an island. Therefore, the development of our airports is especially important. We can do much more in this regard, including at Donegal and Derry airports and all the other airports in that part of the country which will be particularly well known to the Minister of State, Deputy Gallagher. A great burden in terms of travelling time and stress could be alleviated if a properly integrated transport system were introduced. Use should be made of downtime, during which airports such as Dublin Airport are less crowded than they are normally.

The Weston Aerodrome has been a contentious issue in my constituency. It is an airport of long standing but has been subject to problems recently because of an alleged failure to recognise certain codes and standards. In the Weston Aerodrome, as with every other airport, all standard procedures and practices should be adhered to. The air navigation authorities need to recognise that if a query is raised, they should address it on the basis of the need to respond to what could potentially become a safety issue. I devoted considerable time and energy to getting information on the Weston Aerodrome, but it does not always come that easily. The rules and regulations that normally apply should apply at all times. There were local protests at the Weston Aerodrome and people were flying kites to discourage aircraft from landing. I do not condone this as it gives rise to a safety issue. No protestor should potentially threaten the lives of others, regardless of their purposes.

There is a need to free up access to check-in facilities at airports. This could be done in a variety of ways. We spend a great deal of time queuing in traffic en route to Dublin Airport, and probably spend more time doing so than flying to destinations on the Continent. It must be possible to find a means of checking in at a location outside the airport. For instance, the check-in facility at some of the continental airports may be five miles from the terminal, and one travels from the facility to the terminal by electric car, coach or other means. One does not have to be beside the aircraft when checking in for a flight. One could check in elsewhere and meet all security requirements as long as there is no interference with the transport system used to take one to the terminal. I believe Frankfurt Airport has a very sophisticated rapid transport system operating from the check-in area to the terminal, which may be ten miles away.

Sometimes when an aircraft lands and reaches the hangar, an elevated staircase is used to allow passengers to disembark. Sometimes, however, coaches drive onto the tarmac to collect them, thus allowing them to leave quickly and go about their business. This does not always happen, however. Sometimes one has to wait out on the tarmac because there is a shortage of coaches. When one is brought back in, one has to wait at the baggage reception area. I wonder whether sufficient time has been spent evaluating the degree to which baggage reclaim and handling systems at airports could be improved. I note that one airline is giving priority to bags carried by hand and stowed in overhead compartments. That is a good thing.

I am always worried when preparing to check in that a group of 25 or more people, each with approximately 400 pieces of baggage to be checked in individually, will arrive at the desk just before me. I can never understand why people are allowed to bring such heavy baggage on the airplane. We all know we have to ensure that our baggage complies with the maximum weight regulations. It is not unusual to see people of certain nationalities — perhaps I should not say that — with a multiplicity of bags. The only conclusion I can reach is that there must be nothing is the bags because if there was any kind of weight in them, the airplane would not get off the ground. I suggest that business people who use airlines should bring the minimum amount of baggage. It is not necessary to drag tonnes of gear on such trips. Perhaps one would need a great deal of baggage if one was making a film, but there is no need to bring the whole house when one is going on an ordinary business trip.

On the effectiveness of this Bill, I hope Eurocontrol will be of benefit to this country. If one is leaving this nation one has to go by air or sea, whereas people in almost every other country in Europe can travel to other countries by road or rail. In light of our experiences with tunnels, I am loath to suggest that we should develop an international tunnel system. I have sympathy for the Minister of State, Deputy Gallagher, who has inherited responsibility for the Dublin Port tunnel from his predecessor. The first thing he will have to do is buy an umbrella. He might also need the waders he used in his last job because our experience of tunnels is not very reassuring. I do not doubt that the Minister of State will rise to the occasion by using his ability to tackle problems of this nature. I remind him to keep well above the water as it pours down in litres through the damaged tunnel membrane. I am helping and encouraging the Minister of State by tipping him off about a couple of issues which are likely to cause problems for him.

I welcome the Bill before the House. I hope it will benefit this country's air traffic management and control systems. I hope it will help to meet the needs of those of us who are citizens of an island nation. Most other European people do not have such needs. I emphasise that aspect of the legislation.

John Moloney (Laois-Offaly, Fianna Fail)
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I welcome the Air Navigation (Eurocontrol) Bill 2005, which will improve and modernise the European air traffic control management system. I observed significant changes when I worked in air traffic control at Dublin Airport between 1971 and 1979. There have been further changes in the 1990s and in this decade. I congratulate the Minister of State, Deputy Gallagher, who is promoting this legislation. It is clear from his comments that he has a good grasp of this issue. Anyone who visits the air traffic control facilities at Dublin, Shannon or Cork airports will see that, unlike in the 1970s, the Government now recognises the need to invest on a regular basis in air traffic control procedures and work practices. When I think of the early 1970s, I remember the poor equipment that was used by air traffic control personnel. Those who are currently in charge of the control services at Dublin, Shannon, Cork and Knock airports are people with whom I started working in 1971. It is a tribute to the training programmes in the Irish system that people in their 40s or early 50s are now in charge of the services in question. I refer to people like Mr. Eamonn O'Malley, who is in charge of the service at Knock Airport; Mr. John McGrath, who works at Shannon Airport; Mr. P. J. Walsh and Mr. Donie Mooney, who have senior positions in the air traffic service; Mr. Tom Quinn, who works at Dublin Airport; Mr. Norman Lynch; Mr. Tom Mageedy and Mr. Terry Traynor. They were trained in the 1970s by Irish people who had seen service during the Second World War and who brought their expertise to the Irish air traffic control system and passed it on to the present incumbents.

We often take for granted the huge strides which have been made in air traffic control services in this State. It is worth remembering that a few years ago, air traffic separation at Dublin Airport relied totally on primary radar. The air traffic controller in possession relied on the signal being picked up on the field and transmitted to the radar screen. Quite often, the signal was not brought back to the site in poor weather conditions or if other difficulties intervened. Members will understand that substantial problems developed in such circumstances. It should be recognised that Government investment has ensured that air navigation aids such as radar equipment have improved at Dublin Airport and throughout the entire air traffic control service. Nobody foresaw the huge increase in air traffic. Just 1 million passengers passed through Dublin Airport in 1979, but approximately 10 million passengers are expected to do so this year. It is clear that there has been a huge increase in air traffic. I estimate that the number of landings and take-offs has increased by five times since 1979. Air traffic control personnel have been properly trained during that time to meet the substantially increased demand. Such personnel are not inclined to speak about their jobs, but I feel obliged to remind the House of the need to give them every support. We should continue to monitor the significant increases in the air traffic management workload and be prepared for further increases and the problems which might arise as a result.

I was invited to Dublin Airport by my former colleagues last April for the official opening of the new control tower and centre. I was delighted to hear at first hand that there is no shortage of Government investment in the Irish air traffic control services. I do not say that as a Government backbencher who is trying to plámás his senior colleagues. If anyone who was familiar with the services in the 1970s visits the air traffic control centres now in place, he or she will realise that improvements have quite properly taken place. All of our airfields now benefit from the most modern air navigation aids, as well as the most up-to-date computerised secondary surveillance radar and supports. I am delighted to maintain regular contact with my former colleagues and to see many improvements being made. I am particularly pleased that the air traffic control service has recruited some women. It is good that workers can now be promoted to positions of responsibility after two or three years of service. One would have had to wait for eight or nine years in the 1970s. The decision to move air traffic control out of the Civil Service and into the semi-State sector in 1994 was wise. Many of the senior air traffic controllers working today in Eurocontrol in Brussels and Luxembourg were people whom I joined in 1971.

This Bill will help prevent delays throughout the air traffic control network in Europe. An estimated 350,000 flight hours a year are wasted due to inefficient air traffic management. The thinking behind the Bill is to ensure safety, efficiency and more importantly, a regular gauge on the service and its personnel. References have been made to time-slot delays and I remember, from my days working in Dublin Airport in the 1970s, the difficulties arising when aircraft were given time-slots to take off. There may have been a number of reasons that the aircraft could not make its take-off slot and it would often have to remain on the tarmac for an hour or more. In the heat of the summer, that would cause much frustration. The purpose of the Bill is to reduce these inefficiencies and delays and to make better use of limited airspace and limited time. While the standard separation criteria of five miles lateral or 1,000 feet vertical is all very well, we must remember that with the growing number of aircraft, there is always a temptation to reduce these separation limits. It is something we should always monitor.

The Bill is also about improved safety and modernising Eurocontrol. Over the last few years, we have witnessed major agreements and treaties between EU and non-EU countries. For example, improvements in police policy have occurred as Interpol is a recognition of the need to bring together the thinking within different states. As a natural follow-on, we should also deal with the organisation that deals with control of the growing number of aircraft. Eurocontrol is the European Organisation for the Safety of Air Navigation. Its primary objective is to develop a seamless air traffic control management system for air traffic across Europe. I welcome the Bill. It is timely that we deal with the ever increasing numbers using air traffic control.

From my days at training school, I recall a sign hanging on the wall, put there by the instructor at the school at the time, the late Tom Donovan, which read "eternal vigilance is the price of safety". It surely was in the 1970s and it certainly is now. We support the Eurocontrol convention and its provisions, but this is not about losing control of our airspace. The objectives of this Bill do not prejudice the principle that every state has complete sovereignty over its airspace, nor the capacity of each state to exercise its prerogatives with regard to securing and defending its natural airspace. The accession of the EU to Eurocontrol has brought about co-operation between the two organisations and must be welcomed for a number of reasons, such as the implementation of the single European sky directive, for research and development and for data collection and analysis in the areas of air traffic statistics, satellite navigation and international co-operation in the fields of aviation. The proposed single European sky is something we should all welcome.

I welcome the provisions of the Bill, congratulate the Minister of State, Deputy Gallagher, who has taken this initiative, and congratulate the Government on its continued levels of investment in air traffic control.

Martin Brady (Dublin North East, Fianna Fail)
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As a member of the Joint Committee on Transport and as a Deputy whose constituency borders Dublin Airport, I welcome this Bill and I congratulate the Minister of State for bringing it before us. I congratulate the management of Aer Lingus and its new CEO, Dermot Mannion, on the purchase of two new Airbus aircraft for long-haul flights. That is a very welcome development in the constituency I represent. Naturally, it will lead to the creation of additional jobs.

From my reading, the Bill is of a technical nature but, nonetheless, it is important and should come into force without delay. Any Bill dealing with safety is obviously of paramount importance and should be dealt with by the House with the utmost seriousness.

The Bill will allow Ireland to ratify certain changes to the international convention which effectively established the European Organisation for the Safety of Air Navigation in 1960. It is not surprising the convention would need to be updated because significant changes have occurred in the air transport and navigation sector in that period, particularly in terms of the growth of the industry, the greater number of aircraft in Europe, the increased number of flights and the increased number of passengers travelling. This growth in aviation is due to the significant growth of the economies of Europe, which makes us all better off, while globalisation has been a further significant factor.

Eurocontrol has a long history and has served Europe well in co-ordinating air traffic for over 40 years. It has 35 member states. Its primary objective is the development of European air traffic management. Eurocontrol develops, co-ordinates and plans the implementation of short, medium and long-term pan-European air traffic management strategies and associated action plans. It partakes in a collective effort that involves national authorities, air navigation service providers, civil and military airspace users, airports, industry, professional organisations and the relevant European institutions.

I hope the increased powers that the revised convention will give to Eurocontrol to assist it in its key role as the co-ordinator of European air traffic control will help to address Europe's worsening air traffic problems. Deputies are familiar with the delays which are often encountered at this country's airports. We have not been helped by our delay in making a decision on the construction of a second terminal at Dublin Airport. Air traffic delays are a tiresome burden for passengers, frustrate the expansion and efficient operation of airlines, lead to additional costs for airlines and create losses for the national economy. I welcome legislation which helps to address such problems by facilitating better and more effective pan-European co-operation in air traffic management.

The unprecedented expansion in the business of low-cost carriers in recent years seems to have made air traffic problems worse. The EU Commission has argued that some air traffic delays can be attributed to the manner in which airspace is organised in Europe. The Commission has argued that the problem is linked to European fragmentation along the lines of national boundaries. Such divisions make air traffic delays and air traffic congestion much worse than they need to be, thereby highlighting the need for better coordination and forward planning, services which Eurocontrol is best placed to provide.

The EU's open skies deal with the US has been the subject of much discussion in recent months. I urge the Minister to make progress on the deal for the renegotiation of the bilateral agreement of the US, which offers tremendous opportunities for Ireland. I do not believe we should lose out to other European states in that regard, although I recognise that Shannon Airport is a particularly sensitive issue that has been discussed for some time. I agree with the Commission statement that Europe cannot retain frontiers in the sky, given that it has abolished them on the ground for free movement and free trade.

One of the most significant changes to the convention that is being made in the revised convention before the House is provided for in the article that allows for the expansion of Eurocontrol's authority to include airport taxiways and runways as well as the areas which are en route. The article also provides for increased research and improved co-ordination of elements of air traffic management. The revised convention before the House will permit greater co-operation between Eurocontrol and other European institutions. It will introduce European air traffic management performance review and target-setting systems. It also strives to create a more efficient decision-making process within the Eurocontrol commission, based on majority voting and the reinforcement of co-operation between civil and military authorities.

Eurocontrol has made important changes to its administrative and deliberative structures by allowing for the establishment of a provisional council, which will be the organisation's central deliberative body. The council will be instrumental in implementing the expanded activities permitted under the revised convention.

While this growth is welcome, it brings certain difficulties for those organisations charged with the responsibility for ensuring that air navigation is carried out safely. The Government clearly indicated the wastage that takes place at present and the inability to get the best from the available airspace and air slots. However, if we ensure the Bill is put in place, we can move to a point where we can get the most from our skies. Despite what is thought about the size and scope of our skies, the number of flight paths is limited. It is important that proper management systems that cross individual state boundaries are utilised in an effective and efficient manner to ensure we continue to grow this sector in line with the growth of economies across Europe and the world, and in particular to allow the continued globalisation to which we all refer.

It is agreed that safety is of paramount importance. Despite the large increase in aircraft movements and passengers travelling, air transport is the safest method of transport. This is highlighted by the carnage on our roads. If the numbers travelling on land are compared with those travelling by air, despite the complexities associated with aviation, air travel is safer than road travel. It is important that the highest standards are maintained to ensure that air travel remains at the top in safety standards.

As an island nation, the dependence on air connectivity is of vital economic importance to Ireland. Therefore, safety standards are essential. Real challenges are potentially emerging as more airlines compete for business. We know of the changes in the market, especially in the past ten years but more specifically in the past three to five years, due to the emergence of the low cost carriers. However, low cost cannot and should not mean low safety standards. We must be clear on this point. The Government has a particular role to ensure through national legislation that safety standards are maintained despite the necessity to force down prices, costs and charges. This is being achieved through the aviation authority, Eurocontrol.

I welcome the Bill and thank the Minister for bringing it to the House.

Pat Breen (Clare, Fine Gael)
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I congratulate the Minister of State at the Department of Transport, Deputy Gallagher, on his appointment. It is an important mission for him given that he is a west of Ireland man. He will definitely take into account the needs of the people of the west in approaching his portfolio. I wish him every success.

I thank the Ceann Comhairle for giving me the opportunity to speak on the Bill. As most speakers have noted, the Bill concerns the safety of passengers travelling by air, which is now of paramount importance as the business of aviation has changed in recent years. The arrival of low cost airlines has changed the aviation scene in that people travel more, to areas to which they never travelled before and at a younger age. It has been said about one of the low cost carriers in Ireland that people will go anywhere if the price is right. This is what has happened. We all remember the high prices of the past but they have been reduced owing to the arrival of low cost carriers and competition in the airline business, which has changed much since 11 September 2001.

While I do not watch much television, I recently watched some interesting National Geographic programmes on airline safety which showed what happens in the cockpit of an aeroplane and the few seconds that can make a difference to a flight. The programmes detailed several incidents over the years where safety was jeopardised owing to causes such as pilot error, control tower error and mechanical failure. Two to three years ago, when Deputy Brennan was Minister for Transport and the Irish Aviation Authority opened its new headquarters at Shannon Airport, I had an opportunity to tour the control centre and see how aeroplanes are tracked across the Atlantic Sea by the air traffic controllers. I commend these staff, who do a skilful job to ensure aeroplanes, not only Irish aeroplanes but all aeroplanes travelling across the Atlantic to Europe, arrive at their destination in safety and that all is in order as they cross the country. I was impressed by the modern equipment and the data display at Shannon Airport.

We have come a long way in regard to aircraft safety since airlines were first established in the 1930s and 1940s. As a Deputy representing Clare, I recently read a book on the area which showed that Shannon was an important area for aircraft crossing the Atlantic as most had to land there. A number of accidents occurred over the years because the aeroplanes were not as technically advanced as those of today. One such incident involved air traffic control. An aeroplane landed in the mud at Rineanna, as the airport was then known, but nobody knew it had crashed until the following morning although many people died. Much has changed since then. Fortunately, modern aircraft, whether Boeing or Airbus, are no longer involved in many accidents and are very safe.

The Bill gives effect to the 1960 international convention relating to co-operation for the safety of air navigation, the subsequent 1997 protocol and the agreed accession protocol in 2002. With my party, I support the Bill and hope it has a speedy passage through the Houses. However, the Minster might be aware that Fine Gael will table amendments which, while not affecting the purpose or character of the Bill, will tackle the issue of Eurocontrol fees, to which other speakers referred, so that the operator of an aircraft rather than the owner is liable for such fees. The situation which pertains in the Bill has been compared to a car rental owner being liable for speeding fines or parking fees incurred by the operator of such a car. In this regard, I draw the Minister's attention to the amendment tabled by my party colleague in the Seanad, Senator Paddy Burke, whose proposed subsection relating to this issue reads:

Nothing in this section shall create a liability on the owner of an aircraft unless that owner was also the operator of the aircraft at the time the charge was incurred, except where the owner is unable to establish that some other person was the operator at that time. The Minister should agree this is a sensible amendment and look at it carefully on Committee Stage. If it is adopted, it will make life easier for some leasing companies.

The issue of aviation is close to my heart. As a person living close to Shannon Airport I am used to aircraft flying over my house and over the years I have had an interest in aviation. Shannon has a significant history in aviation. The GPA group was succeeded by the AerFi group, part of the AerCap group, which is one of the world's largest aircraft leasing groups and is based in Shannon. This demonstrates how Shannon is steeped in aviation history.

This amendment and the concerns it raises are part of the broader issue of the powers this Bill confers on Eurocontrol, the European Organisation for the Safety of Air Navigation. Eurocontrol plays a vital role in the regulation of air traffic and in the smooth operation of such traffic under a single European sky. It is a mark of its professionalism that the operation of air traffic within Europe is largely taken for granted by the general public. However, such a deregulation of markets is an issue which may come again to the fore if the new open skies aviation agreement between the EU and the US, which the Minister hopes will come into effect by November, comes into effect. I doubt it will come to pass by November. I read recently that in the US there is considerable resistance to the new agreement. The deal is contingent on the US Administration easing limits on foreign investment in US airlines so foreign investors can have majority control. There are fears of job losses and aircraft fleet closures throughout the US, fears that have found an echo in Shannon. We know many US fleets are in deep financial trouble and we have already lost great pioneers like Pan Am, TWA and others. Many US airlines are currently in Chapter 11, in deep financial trouble and dependent on the US Government bailing them out, particularly since 11 September 2001.

I take this opportunity to request once again that in the light of these fears in the US the Minister should reconsider his decision on the open skies policy. I ask the Minister of State, Deputy Gallagher, to convey to the Minister the importance of an economic impact study in preparation for open skies for the Shannon region. It would not cost too much to carry out this study. While we are ready for the challenge, it is important to carry out an impact study to identify the challenges and how we can prepare for them.

We in the mid-west find ourselves in an embarrassing situation where the fears being expressed in the US are not just for jobs and airlines, but also extend to the effect open skies would have on the west of Ireland. There is a likelihood that a Bill could be introduced into the US Congress requiring that the US Secretary of State review the effects the introduction of open skies would have on the west of Ireland, thanks to the interest of Congressman Chris Smith who has taken up this issue in Washington. He is active in this regard and is getting great support from across Republican and party lines on the matter of the new EU open skies agreement and the bilateral arrangement. Unless we are prepared, the new agreement will have a detrimental effect on tourism in the west of Ireland if it comes in as planned. This is the reason an impact study is so important.

Experience in Europe has shown that where open skies have come into place, capital cities are the preferred choice for airlines, which do not want to land at other smaller airports. I urge the Government to reconsider the open skies arrangement, particularly with regard to US carriers. Shannon will have plenty of business during the summer. However, much industry in the area depends on direct services from the US as a back up for cargo and spare parts etc. Dell and many other American companies along the western shoreline depend on the direct service to Shannon. I urge the Minister to reconsider an impact study on what will happen under an open skies policy. The people in the mid-west and the west are not afraid of it, but they must be prepared for it. The impact study would cost little in comparison to the wastage of taxpayers' funds on electronic voting and PPARS. The cost would be insignificant.

I wish to refer to the conclusions of a study carried out by Alan Dukes and Frederik Sorensen. This study deals with the issue of public service obligations, PSOs, as related to open skies. The report suggests that certain routes between Shannon and the United States should have PSOs and we should consider this in the light of an open skies situation. The current situation with regard to PSOs only applies to domestic routes.

Unfortunately, Shannon does not have a PSO subsidy because it is an international airport, unlike airports in Donegal and Knock. The current situation in the mid-west is that we do not have a daily direct return service to Dublin. Such a service would be a huge factor in attracting business to the area. We do not have an early morning flight to connect with early morning continental flights and are dependent totally on US flights coming in to pick up passengers in Shannon. Then, after 1 p.m or 2 p.m. it is impossible to get a flight from Dublin to Shannon. I urge the Minister of State to look at this issue in the interest of the region.

The report by Dukes and Sorensen was commissioned by Ireland's air transport users council and its conclusions are significant. The credentials of the investigators are second to none. The Government should not ignore the report.

The issue of public service obligation levies brings us to the second outstanding issue for Shannon Airport. Previous speakers referred to the debt of the Dublin Airport Authority, Shannon and Cork. Deputy Dennehy referred to the issue last week and Deputy Martin Brady referred to it earlier. I was happy to hear of his sympathy for Shannon and Cork Airports. What worries me in this regard are comments made in the Seanad last week by my Clare colleague, Deputy Killeen, who took the Adjournment matter on behalf of the Minister for Transport, and answered a question put by Senator Minihan on the debts of Cork Airport.

Shannon Airport has significant concerns in this regard. We know the State Airports Bill 2004 set out the parameters for the break up of Aer Rianta. At the time the Minister stated that from day one both Shannon and Cork airports would be debt free. This commitment was given again by the Minister of the time, Deputy Brennan, in 2003 when he announced the Shannon Airport Authority. He said Shannon would be free from day one and the debt of €70 million would be removed. In reply to several parliamentary questions since then, the same response has been stated, namely that Shannon and Cork Airport Authorities would both commence free of the legacy of any debt, a significant advantage for them. Sadly matters in this regard have turned sour.

I have deep concerns with regard to the reply given by Deputy Killeen in the Seanad last week. He stated there was a problem with company law, it was a complex matter and that Dublin Airport would make transfers only when it had sufficient reserves available to match the value of the assets being transferred. Dublin Airport has much money and we all realise it is a very important, if overcrowded, airport. Much work needs to be carried out on its terminal buildings and runways. That puts a new spin on the issue.

The PCW report carried out some time ago, but which was never published, stated that Shannon Airport would have to spend much money on capital infrastructure, be it land-side or air-side facilities. I believe the sum is approximately €35 million. If the €17 million in debt is added to the €35 million that must be spent between now and 2008, it will be a significant burden. I am concerned about this. I would like the Minister of State to go back to his Minister and tell him that the two airports have to start as debt-free concerns.

A former Minister for Transport, Deputy Brennan, once stated he had a hunch that a matter would work out. Does the Government have a hunch that this matter will work out as well? What is happening with the two airports is very wrong. There are significant challenges, particularly in the case of Shannon Airport and the open skies agreement, and yet we still meet the debt obstacle. It is worrying.

We were promised that Aer Rianta International would be left with Shannon Airport as an asset. Assets are very important for the airport, but we do not know if this will happen. Aer Rianta International is a very successful company, making profits in the region of €13 million a year. The same can be said of the decision last week of the Government to sell the Great Southern Hotels chain. The Great Southern in Shannon was one of the most successful hotels in the chain and had a close relationship with the airport. If the hotel is sold, what will a new owner do with these ties to the airport? These are issues I worry about regarding the future of Shannon Airport. We must consider them seriously. We do not want Shannon Airport to be burdened with a large debt. Cork Airport has the same right.

These are the pertinent issues. I am concerned about them and I hope the Minister of State, in representing the west of the country, will consider these matters. I hope he will take into account the future of Shannon Airport. The Bill will be supported by various other parties. I could discuss other matters, and others will consider military traffic through the airport. On that issue, we should wait to see what the European Parliament and the Council of Europe decide. We must accept for the moment the assurances of the US Secretary of State, Ms Rice, and the American ambassador, who spoke recently in Trinity College. I will not dwell on that topic.

I hope the Minister of State will take my views on board. Fine Gael welcomes the Bill, particularly with regard to safety, which has been much discussed recently.

Finian McGrath (Dublin North Central, Independent)
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I welcome the debate on the Air Navigation (Eurocontrol) Bill 2005. Before I go into the details of the legislation I congratulate the Minister of State, Deputy Gallagher, on his new appointment, and wish him well on his new transport portfolio. I ask him to keep an eye on a major infrastructure project in my area, the Dublin Port tunnel, and particularly the needs of residents and public safety issues in the tunnel. He should not take it personally when I raise these issues inside or outside the Dáil, and he should not be as sensitive as previous holders of his office. The tunnel now exists. We wish to ensure that people are compensated for damage to their homes, and we also want to deal with the cracks and flooding issue.

This debate is important, as there are major changes every day in our society, especially in air traffic, air traffic control and flights generally. It is now a major issue in Irish society and for the development of the country as a nation and an economic unit. Air navigation, flights and aeroplanes and all matters to do with the industry are very important. There is also a strong international dimension.

Taking into account the valuable work of those involved in air traffic control and the responsibility they hold, it is clear we should take the matter seriously. We must support these people, as it is a difficult but responsible job, especially when one considers the volume of traffic involved compared to 20 years ago. Along with air traffic control and the aviation industry, we should remind ourselves of health and safety matters. I will return to this point later in the debate. In debating air safety, or narrowing the focus to cheap air flights, there can be no shortcuts, even if it costs extra to ensure maximum public safety. That is where the buck stops. I hope we will focus on such issues. There appears to be a debate on whether shortcuts can be used to reduce cost while leaving everything okay. That is not a reality, and people should be conscious of this.

In discussing the aviation industry, it is important to respect and listen to the people directly involved, specifically unions in airports, air navigation and the broader aviation industry. Up to this point there has been a bad record of the treatment by senior management in some of these industries. Ministers also appear to have an attitude problem with regard to unions. People in the private business community also need to come into the real world. In 2006, everybody in these industries should work together and respect each other's position. This is particularly relevant for staff who have a deep knowledge of the issue.

I wish to discuss Dublin Airport, a very important hub on the northside of Dublin, which we should consider in a realistic fashion. We should consider the airport in its entirety and deal with overcrowding. We should wake up to the reality that radical changes are needed. We should respect the needs of people living close to the airport, particularly on the northside, relating to issues such as noise pollution. Parts of my constituency are directly affected by Dublin Airport. We should respect the environment and the community, and we should have a common sense approach to the economic development of the State and Dublin city.

In discussing an air navigation Bill such as this, it is important not to leave out Aer Lingus. It is important to acknowledge the significant contribution to Irish society made by Aer Lingus over many years. I commend those who have been involved in the company over the years. Many of us have family members who have worked there and we could see at first hand the job security and family stability provided by the company, particularly in times such as the 1980s when the Celtic tiger did not exist and the economy was on a downturn.

Thousands of people in Aer Lingus made a significant contribution to Irish society. It is important to recognise the valuable contribution from staff and others involved with the company for many years. In dealing with changes, staff should be brought along and issues must be dealt with for the positive development of the air industry in general.

It is important to discuss Shannon Airport in the context of this Bill. It is an international airport that needs to be supported and developed, as do the surrounding regions. There is a serious question on whether we will allow Shannon Airport to be used for the war in Iraq and there is an issue regarding prisoners coming through the airport. The Government has questions to answer on this issue. It should search those aeroplanes to find out what is going on.

Séamus Kirk (Louth, Fianna Fail)
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Is Deputy McGrath sharing with Deputy Eamon Ryan?

Finian McGrath (Dublin North Central, Independent)
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Yes.

Séamus Kirk (Louth, Fianna Fail)
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Then the Deputy has less than four minutes.

Finian McGrath (Dublin North Central, Independent)
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Ireland is recognised internationally and so is the Government's role in this issue.

Whenever there is a discussion about the aviation industry the subject of terrorism arises. One issue which many in this country have heard of is that of the Miami Five where five Cubans who were trying to stop Miami-based terrorist groups from carrying out violent actions against the people of Cuba were found guilty of charges ranging from murder to espionage by a court in Miami which relied on the evidence of convicted terrorists. All are innocent of the charges brought against them and extensive intimidation of jurors by the same terrorists was a feature of the trial. They are appealing their convictions. I have asked the Minister for Foreign Affairs to intervene in this issue as well. I raise the issue because a number of aeroplanes have been bombed by US-based terrorists as part of their war against the Cuban people. I dedicate this campaign to the memory of the 3,478 Cubans killed and the 2,099 maimed at the hands of US-based terrorist groups since 1959. The Miami Five case is a classic case wherein civilians were bombed and the world turned a blind eye. That is not acceptable and I would like to challenge the US on these issues.

The details of the legislation indicate that the Bill is an Act to give effect to the international convention relating to co-operation for the safety of air navigation, signed at Brussels on 13 December 1960 and consolidated by the protocol signed at Brussels on 27 June 1997, and to amend the Irish Aviation Authority Act 1993 for that purpose, and to provide for related matters. That is the basis of the Air Navigation (Eurocontrol) Bill 2005.

I referred to the importance of airports, including regional ones. We are aware of the very successful story in Knock but that needs continued support. I recently had direct experience of Sligo Airport and the valuable contribution it makes to the development of the area.

As an island nation we need a proper air service in and out of the country because there are only two ways of getting in and out — by air and by sea. We need it for our economic and social development and air cargo is an important feature of that. I emphasise that safety must always be at the top of the agenda. Heavy air traffic and overcrowded skies must not cause us to take our eye off the ball and allow safety to lapse. I welcome the debate but I urge caution and more investment in public safety relating to air navigation.

Eamon Ryan (Dublin South, Green Party)
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I thank Deputy McGrath for sharing time. It is a pity that we missed Deputy Brady's contribution. I welcome the former Minister of State at the Department of Communications, Marine and Natural Resources and now Minister of State at the Department of Transport, Deputy Gallagher, and wish him the best of luck in his new Ministry. Unfortunately for him, he is probably going out of the frying pan and into the fire, because in my experience of ten or 12 years of transport campaigns and debates, this is not an easy area in which to effect positive change. We are starting to pay the price for many years' wrong decisions. As an Opposition spokesperson I hope I can work with him in a positive and constructive manner. Where I have differences with him, I hope I will still be able to be critical in a civil and progressive manner.

I welcome the opportunity to support the introduction of this Bill and agree with its general intent of bringing into our legislation the agreed approach at European level to the proper control and navigation of our skies. That is something all Deputies, regardless of their views on other matters, will welcome. The Bill provides an opportunity, however, to raise a number of issues which will need political attention in future.

The first issue pertains to the connection between civil and military flights and our control of same. This extends into the wider area of foreign affairs policy. There is genuine and justified concern about the current involvement of this country in supporting a war in Iraq that is not justified, is damaging for all concerned and should end. It behoves us to examine any way, even if small or indirect, in which we support that war. The greatest query should concern the facilitation of overflights, particularly where no charge is made to countries availing of them, and the use of Shannon Airport as a major staging base for the preparation for military affairs in the war between the USA and the Iraqi people.

I read with interest on pages 21 and 22 of the Bill that there are provisions under the new Eurocontrol centre for navigation for a new civil-military interface standing committee. On page 22 it states that such a committee may delegate the powers to raise matters at any time as part of the general supervision of such overflights. Our party believes, as will have been evident from a series of questions by Deputy Gormley, that powers already exist under other international conventions for us to stop and examine airplanes, be they landing at Shannon or elsewhere, not to disregard the wishes of other nations but to stand by our foreign policy and what the Irish people would like to see. I regret that we have not taken that line and asserted our neutrality and independence. Were we to do so, it would be supported by the Irish people and I do not believe any nation would view that as an inappropriate or hostile act. If it did, it would speak more about its world view than ours. We should not be frightened of doing the right thing just because of the consequences that might flow from it.

I always avail of the opportunity when speaking on anything to do with aviation to point out the need to be honest about the implications for international transport of the two most serious looming threats to our economic well-being and development as well as to our environmental well-being. One is climate change and the real concern that we are emitting pollutants on a global level which threaten not only to tip the planet into an overheated state but also the very future of mankind. In that, the most significant factor is emissions from transport and the most significant element of those are emissions from aviation in that they contribute most to the greenhouse effect.

We cannot ignore that scientific reality. James Lovelock, a very eminent scientist who changed our perception of the planet more than anyone since possibly Charles Darwin, issued a remarkably stark picture of the immediate threat and the need for urgent action to reduce our emissions and pollution. We cannot talk about aviation, about the fact that air traffic is set to double in coming years and that Dublin Airport will go from 16 million passengers now to a projected 30 million in the near future, and not recognise the scientific analysis that acts as an ever more frequent and alarming warning bell. We will have to do something to regulate and decrease the amount of air travel we undertake. That is the scientific reality that needs to be stated, but it is not necessarily a negative reality.

Many friends and colleagues, who are the type of people IDA Ireland would wish to attract as they work in Europe but are based here, literally have high-flying careers. They fly out from Dublin Airport to Europe at 6 a.m. and return the same day. After doing that for some time, they start to question whether it is a clever way of doing business. Can we not use information technologies to reduce time spent flying, which after a while becomes a burden rather than a luxury? New and positive thinking is needed on reducing the numbers of flights in order to address the long-term issues of climate change and the fact that the kerosene which keeps aircraft in the air will become scarcer than it has been for the past 50 years.

Further to Deputy McGrath's comments on safety, if we should be concerned to ensure that the system is safe, we will need a co-ordinated air navigation system. The manner by which our common aviation system is kept in the air on a safe basis is a remarkable example of what may be achieved through international co-operation. I have greater concerns with regard to events on the ground. While the development of low cost carriers may be welcome in terms of providing cheap flights, there are increasing concerns that the pressure to keep prices as low as possible may lead to compromises in safety. We should be wary of cutting down on turn around times, staff rosters or control measures in order to shave half a cent of the price of a ticket. It would be a serious mistake in the long term if lives were lost due to poor safety standards. While low cost carriers have been rightly lauded from a consumer viewpoint, we have to be careful to ensure safety comes first in the rush to provide services as cheaply as possible.

It is remarkable that airline tickets from Cork to Dublin may be bought for one cent, which means, in effect, that only the tax must be paid, whereas a train ticket costs €60. A friend of mine explored the options of either flying or taking a train to Vienna and found a flight ticket for €150, whereas the train cost in the region of €550. In terms of the emissions and pollution being created by the aviation industry, we will have to start recognising the need for change as a reality. The Minister for the Environment, Heritage and Local Government, rather than lobbying the European Council of Environment Ministers on behalf of Ryanair, will have to be honest for the first time by saying that use, as well as safety and navigation, will have to be controlled. If we can use technology and, in a sense, time to order our lives in a way that protects the quality of our lives and environment, that need not lead to a negative result and that is what I stand for.

Séamus Kirk (Louth, Fianna Fail)
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I call Deputy Naughten, who may speak for up to 20 minutes.

Denis Naughten (Longford-Roscommon, Fine Gael)
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The Acting Chairman spoke as if he was trying to ensure I would reach that target. I will not need 20 minutes to make my points.

I congratulate the Minister of State on his new appointment and wish him every success. It is great to see someone from our neck of the woods in his Department, although the previous Minister, Deputy Brennan, hailed from Galway. I hope progress will be seen along the western seaboard during the Minister of State's term in office, which, however, will probably be relatively short because he will not have the opportunity to return there after the next election. In the meantime, he has the support of his colleagues from the west in trying to provide investment for that region.

I want to raise a number of issues, some of which concern the west and others of a more international nature. I hope the Minister of State will take ownership of them in his discussions at European level.

The variety of authorities which deal with air traffic control within the European Union and Eurocontrol has given rise to a crazy situation. Lives are put at risk on a daily basis because every Eurocontrol member state has its own separate air traffic controls. This problem was typified by an incident on 2 July 2002, when 71 people, many of whom were children, lost their lives in southern Germany in a collision between a Russian passenger jet and a DHL cargo plane. In the few minutes before the accident, three separate air traffic control authorities dealt with the two planes. That is a damning indictment of the current system.

Currently there are 65 radar centres and 31 systems using 22 different computer networks within the Eurocontrol area. North America has two separate air traffic control providers, whereas the Eurocontrol area has 57. Had a centralised air traffic control system been in place before July 2002, the aforementioned accident would probably not have occurred.

The European Union's air traffic control maps resemble a jigsaw, which is not the case in the United States. I am glad those maps are not available on aeroplanes because, if they were, people would be much more concerned. Each time flights crossing Europe are transferred between air traffic control sections, mistakes are risked. Such a mistake occurred on 2 July 2002.

Not only can significant safety benefits be gained in operational techniques, advances in safety equipment and proper planning of routes but the potential exists to open up additional airspace. From a consumer point of view, that would be a positive development because it would solve the serious problems experienced in Europe at present in terms of capacity, especially during summer months. We are aware how chaotic airports often are during the summer, when delays in one part of the EU can cause major delays throughout Europe. A centralised air traffic control system within the European Union could allocate the additional air space capacity currently unavailable due to the jigsaw arrangement in place and would have a significant impact on the cost of transport in Europe because overall travelling times would be reduced and extra slots opened.

I ask the Minister of State to take ownership of this issue and push it at European level. We have more to gain from this, being on the periphery of Europe, than anyone else because of Shannon Airport, which is one of the key linchpins of air traffic control in the European Union. Shannon Airport covers a large percentage of the air space within the European Union, albeit most of it over water. The air traffic control equipment at Shannon Airport is the most modern and up-to-date in the entire EU. We have the staff and expertise in place and together with one or two other control centres in the EU, we could provide the type of effective service that is needed to benefit the consumer and dramatically improve safety. We should take a lead on this issue.

I suggested that the former Minister, Deputy Brennan, try to put this on the agenda when he was President of the Council of Transport Ministers but, sadly, my suggestion fell on deaf ears at that time. I now ask the Minister of State, who has just been appointed to the Department and has a new agenda, to set the agenda and examine this issue. It would be of major benefit to Shannon Airport. The Government is trying to downsize Shannon Airport and remove many of the services and facilities available there, but this is something positive that can be done for the airport. I urge the Minister of State to take ownership of the issue. I do not mind if he takes the idea because I would like to see this happen. Major benefits would accrue to everyone.

Security is an important element of air traffic control. We are all more conscious of security since 11 September 2001, the Madrid bombings and other scares, including the hijacking of aeroplanes and so forth. It is vital that we do all we can to reduce security risks within our jurisdiction. Again, I raised with the former Minister for Transport, Deputy Brennan, the issue of airport police. This is a small issue that is very easily resolved and perhaps it is something the Minister of State will take up because it would have a positive impact on all regional airports.

At the moment, based on current legislation, the airports at Dublin, Cork and Shannon are the only ones that have airport police. Ireland West Airport and the regional airports do not have an airport police service. However, under section 47 of the Air Navigation and Transport (Amendment) Act 1998, the Minister has the power to appoint airport police at all airports in this jurisdiction. That has not happened to date, despite the fact that some of the regional airports have made representations to the Department. I do not know why it has not happened yet.

The airports in question have security staff and they undoubtedly do an exceptional job. However, unlike the airport police in the State airports, the security staff cannot detain an individual until a member of the Garda Síochána arrives. That is a major flaw because if a person is acting suspiciously at a regional airport or at Ireland West Airport, the security staff cannot detain that individual. They can telephone the Garda and hope members of the force turn up promptly. If they do not, the individual escapes. That is a major security loophole and its closure is only a matter of exercising the provision made in section 47 of the aforementioned Act. It is a matter of the Minister of State seizing upon it and appointing airport police. Naturally, such airport police would not operate on a full-time basis.

The success of the regional airports has been based on the flexibility of the staff and their willingness to multi-task in various roles. We need to become more security conscious. The regional airports have sought departmental approval for the appointment of airport police in the past. They should be treated not as second class but in they same way as the State airports.

I wish to raise the anomaly that exists within the charging structures at regional airports and at Ireland West Airport, specifically landing and take-off fees. The charging structure at the aforementioned airports is different from that which operates in the State airports. Airlines are charged for air traffic control services but that money is not passed back to the local air traffic control units at the regional airports and at Ireland West Airport. None of these airports gets the return. A substantial amount of money is made every year in air traffic control in Ireland, so much so that we can allow many flights to fly over our jurisdiction free of charge, mainly from the United States on the way to the Gulf. Therefore, I do not see why the regional airports, which operate on a shoestring, cannot be provided with funds to which they are entitled. If they provide a service, they should receive the return from it but that is not happening at present.

Many of those from both sides of the House who have spoken on this Bill have raised the matter of the privatisation of Aer Lingus. I do not think we can talk about air traffic control without referring to Aer Lingus. However, I wish to confine my comments in this regard to the contents of the Bill and to what I believe is a critical national asset, namely, the slots at Heathrow Airport. Aer Lingus management has argued that those slots are not as important today as they were in the past because it flies directly into many other European airports now. However, the slots are critical because Heathrow is a key airport for providing connectivity to the rest of the world.

It is important from a business point of view that we have ready access to a key airport like Heathrow. If we privatise Aer Lingus, which the Government is considering, it is critically important that the Heathrow slots are ring-fenced. My understanding is that if we privatise the company in its entirety, such ring-fencing will not be possible. In fairness to the former Minister, Deputy Brennan, he acknowledged this point and accepted a Fine Gael amendment to the Aer Lingus Act which ensures that the Government must clarify its position on the ownership of the strategic national asset that is the slots at Heathrow Airport before it can proceed with the sale of the company.

I wish to record that point again because everyone accepts now that we made a serious mistake during the disposal of Telecom Éireann in letting the copper wire go. That should have remained in State ownership. It was sold off for short-term gain — a very short-term one for many people — without the benefit of a strategic gain for the country as a whole, which was disappointing.

I wish to give the Minister of State some advice, if I can be permitted to, regarding the western rail corridor, which is of critical importance to the development of Ireland West Airport, especially in terms of access. It is great to have such an airport at Knock. The services, amenities and connectivity available there have improved dramatically over recent years, but the access infrastructure is appalling. The road and rail infrastructure needs to be dramatically improved and one key element of that is the western rail corridor, which could provide access from the north west, the mid-west and the midlands to the airport or close by where a shuttle service from Charlestown could be established. Will the Minister of State consider this? It is the only international airport in the State that is treated as a regional airport. There should be a change in the Government's view of Ireland West Airport. It should be treated as an international airport and categorised in the same way as the other airports. It meets international standards and business is increasing dramatically each year. It should not be grouped with regional airports when it comes to fighting for limited funding. It should be developed. The region surrounding it is critically important to the spatial strategy and it must be prioritised.

There is controversy over the open skies policy at European level and it will have an impact on Shannon Airport. Ireland West Airport sees the potential that exists and has been developing charter business into the United States in recent years. We cannot rule out bringing people directly to the west of Ireland, a quicker route to Donegal than through Shannon or Dublin. The Minister of State should bear that in mind in the negotiations.

I wish the Minister of State every success in his new brief. He represented the north-western counties in the European Parliament in an exemplary fashion and I hope he will do the same in his new position. I will support anything he does to bring investment to the region.

Pat Gallagher (Donegal South West, Fianna Fail)
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I thank the Deputies who contributed to the debate. I carefully noted the issues raised and will try to respond to as many as possible in my reply.

Deputy Olivia Mitchell and Deputy Boyle raised the issue of the delay in arranging for ratification of the revised convention, which was signed in 1997. Ratification by EU member states was delayed at the request of the Commission pending the formal accession of the EU to Eurocontrol, which took place on 8 October 2002. As Deputies Shortall and Dennehy correctly pointed out, the revised convention will only come fully into force when all 35 member states ratify it. To date, 26 of the 35 Eurocontrol member states have ratified the revised convention. A number of EU member states have yet to ratify the convention and the target for ratification by all member states and entry into force is the end of this year.

Deputy Boyle also referred to the Air Navigation and Transport (Indemnities) Act 2005, which was enacted in July 2005. In common with the other member states, Ireland provided indemnities to the aviation sector when essential insurance cover was withdrawn in 2001. We enacted legislation to provide for this and, in view of the large liabilities involved, we provided a sunset clause which resulted in the legislation expiring at the end of 2002. Unlike in Ireland, a number of the other member states already had suitable legislative arrangements. To be in a position to provide similar cover if essential insurance is again withdrawn from the aviation sector, the Oireachtas enacted legislation in July 2005 which will enable Ireland to issue indemnities for the aviation industry in Ireland. This was necessary because of the expiry of the 2001 legislation and it puts Ireland in a similar situation to the other member states.

Aviation insurers have withdrawn war and terrorism cover for "dirty bomb" risks for aircraft hulls. However, airlines have been willing to continue without this cover because it is not compulsory to have it. Third party and passenger liability cover, which is compulsory under EU law, is expected to be withdrawn at some stage this year, although precisely when is not certain. In view of the enactment of the 2005 indemnities Act, Ireland will be ready to respond quickly to that withdrawal.

Deputy Olivia Mitchell and Deputy Shortall raised the issue of detention and sale of aircraft for unpaid debts and the concerns expressed by some aircraft leasing companies in that regard. Section 4 of the Bill, referred to by Deputy Mitchell, is merely a technical amendment. It in no way changes the existing powers of detention and sale contained in the Irish Aviation Authority Act 1993 and the Air Navigation and Transport Act 1998.

Articles 5 to 9 of annexe IV to the revised convention refer to the issues of attaching the en route charge as a lien on the aircraft, making the operator and owner jointly and severally liable and detention and sale of aircraft to enforce recovery. These provisions are not included in the published Bill. Under the convention, Ireland is under no compulsion to legislate for creation of liens or joint and several liability. Rather, it is at the discretion of each contracting party to introduce domestic law to implement this element of the convention. Passage of this Bill in its current form will not increase our current powers relating to detention and sale of aircraft for unpaid charges. These provisions have been in place since 1988.

The leasing companies have also voiced concerns about the powers contained in earlier Acts dating from 1988 and they have asked that they be modified in the Air Navigation (Eurocontrol) Bill 2005. As a result, the Minister consulted the Attorney General's office and 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. Following consideration of all the views expressed on both sides it has been decided not to make any changes to the existing powers at this point. The reasons for this are as follows.

First, there is a safeguard for an owner in the selling of the aircraft for the purposes of meeting a debt to Eurocontrol in respect of a liability of an operator. To sell an aircraft an application must be made to the High Court and the registered owner would have to be on notice about this proposed sale.

Second, it is not a procedure that has been resorted to lightly in the past. There has been no instance where an aircraft has been detained and subsequently sold due to non-payment of a debt to Eurocontrol. The existence of these powers, however, is regarded as having a significant deterrent effect.

Third, the aircraft leasing companies can afford financial protection by building provisions into their lease agreements with the aircraft operators. This facility is not available to the air traffic control provider when doing business with airlines. Services are provided to all aircraft in airspace in which the air navigation services are provided. For safety reasons, there is no option to decline to provide air navigation services to aircraft. In practice, therefore, an aircraft lessor is usually in a better position than an airport authority or air traffic control provider to monitor the financial status of the operator as it can specify any necessary requirements under the aircraft lease.

Fourth, any amendment to the legislation which would give rise to different legal treatment of leased versus owned aircraft would be inappropriate. Fifth, the provisions apply equally to debts incurred by airline companies for Eurocontrol charges or for airport charges. Any change in the legislative provisions relating to Eurocontrol charges would give rise to different treatment of air navigation and airport charges, which would amount to arbitrary discrimination between service providers to airlines and would not be appropriate.

I am advised that the detention and sale provisions in Irish law are similar to those under UK law, another common law system. Greece also has a detention procedure, while Cyprus has legislation that will become effective on the entry into force of the revised convention which provides for detention of aircraft until judicial measures are taken against the operator and-or owner. Eurocontrol member states which have civil law systems have similar powers to seize aircraft for non-payment of debts. All these procedures, whether under common or civil law, have the same effect of freezing the asset in question and making it available as a security for the payment of a debt.

I am also advised by Eurocontrol that the recovery rate for en route charges in 2004 was 99.4%, of which detention played a minor part. With such an effective rate, it is unfair to state that Eurocontrol recovery procedures are inefficient or lax. The case referred to by Deputy Olivia Mitchell is exceptional and the size of the debt in the case reflects its particular circumstances. The Eurocontrol recovery rate of more than 99% in recent years has benefited all member states, including Ireland. The Irish Aviation Authority recouped more than €90 million in en route charges in 2005.

Deputy Catherine Murphy referred to issues concerning Weston Aerodrome, a privately owned aerodrome which has been operating since 1938. It is licensed by the Irish Aviation Authority, IAA, in accordance with the Irish Aviation Authority (Aerodrome and Visual Ground Aids Order) Regulations, SI 334 of 2000, and in issuing the licence the authority's remit extends to aviation safety standards. The IAA licenses Weston having regard to the standards laid down by the International Civil Aviation Organisation in annex 14 to the Chicago Convention. The IAA applies international standards to the regulation of aviation safety, including matters such as airspace design and rules of the air.

The local authorities are responsible for land use planning at and in the vicinity of Weston Aerodrome in accordance with the Planning and Development Act 2000. In addition, the Irish Aviation Authority is a notice party under the Planning and Development Regulations, SI 600 of 2001, so that any development with the potential to endanger or interfere with the safety or safe and efficient navigation of aircraft is sent to the authority. I understand the IAA is satisfied with safety levels at Weston Aerodrome.

Deputy Dennehy and Deputy Boyle referred to the position of Cork Airport and its establishment as a fully independent and autonomous authority in accordance with the State Airports Act. Deputy Pat Breen also referred to the position of Shannon Airport. The Act provides a framework to allow for an orderly approach to the distribution of the assets of Shannon and Cork airports in conformity with the capital maintenance and other provisions of the Companies Acts.

New boards were appointed at all three airports in 2004. The boards of Cork and Shannon airports are now charged with making preparations to assume responsibility for the ownership and development of the airports. They are also empowered to undertake certain management and operational functions on an agreed basis with Dublin Airport Authority during the interim period.

Under the Act, before any assets can transfer to either the Shannon or Cork airport authorities, the Minister for Transport and the Minister for Finance will have to be satisfied as to the financial and operational readiness of the airport authorities. Accordingly, each airport authority is required to prepare a comprehensive business plan and obtain the approval of the Ministers for these plans before any assets can be transferred.

The three State airport authorities continue to work on the preparation of their business plans with the Dublin Airport Authority, DAA, co-ordinating the process. In this context, a range of issues arise, including the unsustainable cost base at Shannon Airport, the recent airport charges determination for Dublin Airport by the Commission for Aviation Regulation and the optimum mechanisms for the financing of the new terminal at Cork Airport. These are complex issues which the airport authorities must consider carefully and, as the Minister has indicated previously, he has not imposed any artificial deadlines for the completion of the business planning process. A major new terminal development project is being completed at Cork Airport. This will deliver an annual passenger capacity of 3 million people with the facility to expand capacity to 5 million passengers when required.

At an early stage in the airport restructuring process, it was indicated that the intention was that both the independent Cork and Shannon airports would commence on a debt-free basis. However, the intention throughout was that this would be subject to determining the optimum mechanisms for allocating airport assets among the three airports in compliance with the capital maintenance rules and other provisions of the Companies Acts. The position with regard to the transfer of assets to Cork Airport Authority was set out in the course of the passing of the State Airports Act 2004. Owing to the tightness of Dublin Airport Authority's distributable reserves, a phased approach to restructuring was outlined at the time. The option of negotiating a finance lease covering a portion of Cork Airport's assets to facilitate the earlier establishment of Cork Airport as a fully independent airport was mentioned. I assure Deputy Dennehy and Deputy Boyle that Cork Airport's ability to operate on a commercial basis will be fully assessed as part of the business planning process and will be factored into the decisions made.

Deputies Olivia Mitchell, Eamon Ryan, Finian McGrath, Dennehy, Boyle and Naughten raised the question of safety standards in Irish aviation, specifically recently reported incidents. The Irish Aviation Authority exercises safety oversight of the Irish aviation industry according to established international standards and procedures and fully implements international requirements in the monitoring of its operators. The authority regulates the industry to the highest international standards, as borne out by a number of independent audits, including one carried out on behalf of the Minister of Transport to evaluate the performance of the authority and to satisfy himself as to its adequacy and effectiveness. There is no compromise on safety.

Deputy Crowe raised the question of the requirements of military users of European airspace and the flexible use of airspace. Eurocontrol is developing a framework to increase the exchange of information between civil and military air navigation service providers. This is achieved through a much closer working relationship than in the past between civil and military air traffic controllers and through building up air traffic management system interoperability.

The airspace over Europe is a finite resource for use by all airspace users both civil and military. However, as a finite resource some measure of agreement is needed concerning its use and that use needs to be economic and effective. This need became particularly relevant following the massive increase recorded in commercial air traffic in the 1980s and 1990s. There is a clear need for safe coexistence between civil and military operations in a common airspace. Both Eurocontrol and the European Union are agreed that the safe and efficient use of airspace can only be achieved through close co-operation between civil and military users of airspace, mainly based on the concept of flexible use of airspace and effective civil military co-ordination as established by the international civil aviation organisation.

Deputies also raised the issue of military aircraft landing at Shannon. The Minister for Transport is responsible for civilian aircraft carrying weapons or munitions of war into or over Ireland. The Minister for Foreign Affairs is responsible for regulating the activities of military aircraft landing in or flying over Ireland. The carriage of weapons or munitions on civilian aircraft, either landing or flying over, is prohibited under Irish law unless an exemption is given by the Minister for Transport. Before the Minister issues an exemption, the Department of Transport consults the Department of Foreign Affairs regarding foreign policy, the Department of Justice, Equality and Law Reform regarding security and the Irish Aviation Authority regarding aviation safety, and also informs the Department of Defence. The decision to facilitate the US in the transport of troops through Irish airports is a matter for Ireland's foreign policy. The Minister for Transport deals with requests for exemptions for aircraft carrying weapons or munitions on civilian aircraft in that context.

Deputy Crowe referred to Galileo and how it was to be funded. Galileo is Europe's satellite radio navigation programme. It was launched at the initiative of the European Commission and developed jointly with the European Space Agency. As it provides for accurate location pinpointing, it opens potential for the development of a new generation of universal services in areas such as transport, telecommunications, agriculture and fisheries. The total estimated Galileo project cost is €3.6 billion. The development phase will account for €1.5 billion of this and the financing will be split more or less equally between the European Community and the European Space Agency. The cost of the deployment phase is estimated at €2.1 billion, of which one third is expected to come from the EU budget and the rest from the private sector.

I refer to issues raised by Deputy Durkan regarding delays arising from air traffic control. In the past decade, air traffic has grown by more than 50% and this growth is set to continue. Europe's airspace is one of the busiest in the world with more than 9.2 million flights in 2005 carrying some 700 million passengers. In excess of 30,000 flights take place on busiest days with more than 3,000 flights in the air at the same time. Eurocontrol expects this traffic to reach 16 million per year by 2020. Current systems with ongoing improvements should be able to handle this increased load until the middle of the next decade and after that, more radical measures will be called for to avoid serious congestion.

Eurocontrol has as its primary objective the development of a seamless pan-European air traffic management system. The achievement of this objective is a key element to the present and future challenges facing the aviation community which must cope with the forecasted growth in air traffic while at the same time maintaining a high level of safety, reducing cost and respecting the environment. It is confidently expected that the single European sky initiative will lay the foundations of a unified system which will be able to cater for the anticipated growth. This single European sky initiative, launched by the Commission, aims to restructure European airspace as a function of traffic flows, rather than according to national borders to create additional capacity and to increase overall efficiency of the air traffic management system.

Eurocontrol has considerable expertise and experience in these fields, which will be applied to help make the single European sky become a reality. The single European sky initiative marks the beginning of a new, dramatic and exciting chapter in European air traffic control. The development of the single European sky proposal represents a challenge and an opportunity for the air navigation service providers to demonstrate in a practical way the greater efficiencies that can be obtained through the integration and development of services on a European scale while ensuring uniformly high safety standards throughout Europe. The revised convention seeks to provide for a more effective air management institutional policy and decision-making structure for Europe with the overall objective of increasing airspace capacity and reducing air traffic control delays.

Pressure for change came from a number of sources, particularly airlines dissatisfied with the failure to unify and centralise air traffic management in Europe. The convention when implemented will provide for the necessary institutional reforms required to achieve a uniform European air traffic management system for the control of general air traffic in European airspace and in our airports.

Deputy Durkan asked about the long delays in getting compensation. Under the European Communities (Compensation and Assistance to Air Passengers)(Denied Boarding, Cancellation or Long Delay of Flights) Regulations, SI 274 of 2005, the Commission for Aviation Regulation was appointed as the designated body for the purpose of implementing Regulation EC 261/2004, establishing common rules on compensation and assistance to passengers in the event of being denied boarding and of cancellation or long delay of flights and repealing Regulation EEC 295/1991. This legislation deals with concerns raised by the Deputy regarding passengers who are left stranded.

Deputy Pat Breen asked about the implications for Shannon Airport of the proposed agreement between the European Union and the United States on air transport — the so-called open skies agreement. The Deputy will be aware that the Minister for Transport, Deputy Cullen, has negotiated a transition arrangement with the US for Shannon Airport. The Minister indicated at the time of announcing the transition arrangement that he would undertake the development of an economic and tourism development plan for Shannon, work on which is under way in the Department of Transport in consultation with the Departments of Enterprise, Trade and Employment, and Arts, Sport and Tourism.

I agree with Deputy Eamon Ryan that maintaining an optimal balance between economic progress, social development and environmental responsibility is essential. The aviation industry has reduced its environmental impact in recent decades through the development of new technology and the adoption of specific operating methods. Achieving further improvements in environmental performance is a key research and development objective for the aviation industry.

I refer to the contribution of Deputy Naughten. I dealt with the issues raised by the Deputy in regard to tackling the problems arising from the fragmentation of the air traffic control system in Europe. That is one of the reasons the revised Eurocontrol Convention was brought forward and the parallel single sky initiative taken by the European Commission.

I noted Deputy Naughten's comments on security at non-State airports and the importance of the slots at Heathrow. I am very familiar with a number of the non-State airports, particularly the one in my county. While we may not have airport police at the airport, the security level is high. Those employed at the airports to provide the security have been trained specifically for that task. I note also the Deputy's comments about the western rail corridor, an issue with which I am very familiar.

Mar fhocal scoir, cuirim mo bhuíochas in iúl do na Teachtaí a ghlac páirt sa díospóireacht fhíorthábhachtach seo, agus tá súil agam nach fada go mbeimid ag plé na ceiste agus an Bhille seo aríst sa choiste, roimh dheireadh na míosa seo nó ag tús na míosa seo chugainn.