Clare Daly (Dublin North, Socialist Party)
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91. To ask the Minister for Transport, Tourism and Sport in view of the recent report from the Irish air accident investigation unit into the Manx2 Cork crash, which identified serious concerns in relation to the regulation of aviation in Europe, if he will outline the Irish regulatory agency or body responsible to ensure that the terms and conditions under which aircraft are operated, or flight crew are employed and managed, will not have any adverse impact on the safety of passengers such as we saw evidenced in the Manx2 accident in Cork; and the steps he will take to ensure that companies in the aviation business will not be able to use aircraft or flight crew under commercial or personal contract arrangements that are not transparent about their potential impact on the safety of aircraft operations. [7995/14]

Clare Daly (Dublin North, Socialist Party)
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The question is about the Irish air accident investigation unit's investigation into the Manx2 accident in Cork, particularly the lessons that have been learned from the analysis. The report identifies concerns about the lack of regulation in the aviation sector in Europe. I wonder what lessons the Department has drawn from it in an Irish context.

Leo Varadkar (Dublin West, Fine Gael)
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I thank the Deputy for the question. As the third anniversary of the tragic accident at Cork Airport has just passed, I extend my deepest sympathy to the relatives of the six passengers and air crew who lost their lives and the six passengers who were injured. The investigation into this accident was conducted by the air accident investigation unit of my Department and I commend the work of the investigation team in producing a very comprehensive report.  The team put an enormous amount of work into it in the past few years and has done a sterling job in its report.

The operator of the aircraft involved in the crash at Cork Airport was licensed in Spain and responsibility for safety oversight of its operations rested with the Spanish regulatory authorities under EU law.  In Ireland the Irish Aviation Authority has statutory responsibility for overseeing safety standards of civil aviation in the State, including airlines and crew members licensed in Ireland and aircraft registered here. 

The AAIU report on the Cork Airport crash made 11 safety recommendations. These were addressed to the International Civil Aviation Organisation, ICAO; the European Commission, the European Aviation Safety Agency, the Spanish civil aviation authority and the Spanish operator of the aircraft involved.

None of the safety recommendations was directed to an Irish agency.  It is important that all of the safety recommendations made in the report are addressed by the organisations concerned.

Ireland has an excellent record and reputation in aviation safety and the report does not bring this into question.  The IAA regulates the sector on the basis of international standards set down by the International Civil Aviation Organisation, ICAO, and on the basis of EU regulations.  It is audited regularly by both the European Aviation Safety Agency and ICAO.  These audits ensure that the IAA operates to the highest standards, and I have every confidence in the IAA's effectiveness in ensuring that Irish aviation is and will continue to be one of the safest in the world.

Clare Daly (Dublin North, Socialist Party)
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As the Minister indicated, there was much work put into this incredibly comprehensive report which identified the lack of regulation that existed in Spain. It also pinpointed a very complex arrangement of companies with apparent responsibility for operating the aircraft, as well as the circumstances under which some of the crew had to operate. The Minister is aware that some of the contributing factors were the tiredness of flight crew and the inadequate oversight of remote operation by the operator and the state.

In an Irish context, who oversees such issues? There are airline staff operating under contracts of employment that may be zero-hour contracts; some contract pilots must fly in order to earn money. That would incentivise these people to report for duty even if they are sick or under stress. Who regulates similar contracts as applied in the Manx crash in an Irish context?

Leo Varadkar (Dublin West, Fine Gael)
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It is important to reiterate that no recommendations were made to Irish authorities or bodies at all, and I would not like to see people bringing Irish industrial relations issues into what was a really tragic incident for which Irish authorities had no responsibility. The purpose of this and any associated investigation is not to apportion blame or liability. A safety recommendation in no case shall create a presumption of blame or liability for an occurrence. A number of entities had safety recommendations made to them, which I mentioned, and under EU law they are required to respond to them within 90 days. We expect them to do so.

There were four recommendations made to the European Commission regarding flight time limitations, to which the Deputy referred; the role of the ticket seller; the improvement of safety oversight; and the oversight of operating licences, which relates to virtual airlines. Three recommendations were made to the European Aviation Safety Agency relating to successive instrument approaches that can be conducted in certain meteorological conditions; the syllabus for the appointment of the commander; and the process by which the air operator certificate is granted. Two recommendations were made to the operator, Flightline SL, regarding its operational policy and training. One recommendation was made to the Spanish agency regarding the oversight of air carriers such as the one in question. One recommendation was made to ICAO regarding the inclusion of the approach and the capability of aircraft, flight crew and plans. It is fair to say that everything from instrumental issues to training and flight time limitations are addressed in the report. In each case, recommendations were made to the appropriate bodies, none of which was Irish.

Clare Daly (Dublin North, Socialist Party)
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The Minister is correct that none of them is Irish, and it is an incredibly comprehensive report which is not about blame but very much about learning lessons. The complex arrangement and crew conditions were identified as a contributing factor to this tragic accident, as the Minister has indicated. I am not interested in blaming anybody. In an Irish context, does the Irish Aviation Authority or somebody else oversee the contracts of flight crew in Ireland? There have been reports of some Norwegian companies seeking air operator certificates from Ireland and using this State as a flag of convenience in that regard. In such a context, is the IAA responsible for overseeing the contracts of flight crew?

Leo Varadkar (Dublin West, Fine Gael)
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That depends on circumstances and there are variations from case to case. In this case it was not the IAA but rather the Spanish authorities that were responsible.

The Irish Aviation Authority is responsible for regulating Aer Lingus and Ryanair. There are some exceptions, however, because IASA and the ICAO have a role also. The entire sector is governed by international conventions and European laws.

Norwegian has already been granted a licence to operate from Ireland. It intends to establish a real operation in Swords, a town with which the Deputy is familiar. It is to be a very big investment. The company intends to base its transatlantic services in Ireland and they will be subject to the exact same safety regulations as Aer Lingus and Ryanair. The Deputy will agree that both Aer Lingus and Ryanair have excellent safety records that are among the best in the world. In addition, Norwegian will be bound by all the labour regulations that apply in all parts of the European Union.