Conor McGuinness (Waterford, Sinn Fein)
Link to this: Individually | In context

Before I get into the substance of the issue, I add our support to the matter that was just under discussion. My colleague, Deputy David Cullinane, and I both co-signed that Topical Issue to lend our support to it because it is an issue that affects the whole south east. I know Deputies from Tipperary, Waterford and Kilkenny are supportive of that and working in unison to get the Government to do the right thing by the N24.

To the substance of the issue that Deputy Cullinane and I are raising, the working time arrangement that is now applied to the Coast Guard helicopter crews is unsafe, unlawful and utterly unsustainable. We have a situation where full 24-hour duties, during which crews must be in immediate readiness and are confined to strict response times on site, are being logged as only 16.5 hours of work. It would be bad enough if that was just a misunderstanding by the operator but it is a deliberate reclassification of active duty as standby.

European working time law and the Irish regulations that give effect to it are absolutely clear. There should be no ambiguity about this. When a worker is under the employer's control and required to maintain readiness for immediate deployment, that is working time. Across Europe, the courts have repeatedly affirmed that where a worker's freedom is severely restricted in terms of keeping them on site and being in a state of readiness, as a search and rescue crew's freedom clearly is, that time must be counted in full.

In Waterford, this is not an abstract issue. It is something that is a matter of life and death. We already saw a preceding Minister, former Deputy Eamon Ryan, try to cut Waterford's search and rescue base out of the tender documents for the new contract. A popular campaign locally on the ground in Waterford and across the south east forced a U-turn on that. We do not want to see a diminution of safety standards. We do not want to see workers' rights under attack in this way. We certainly do not want to see a service that is not fit for purpose and where crew safety and the safety of those they serve is jeopardised.

David Cullinane (Waterford, Sinn Fein)
Link to this: Individually | In context

I also lend my support to the previous topic that was raised. The fact that the N24 was not funded for this year is a disgrace, given that the preferred routes were in place.

Conor McGuinness (Waterford, Sinn Fein)
Link to this: Individually | In context

Hear, hear.

David Cullinane (Waterford, Sinn Fein)
Link to this: Individually | In context

In fact, the only funding that was given from the Government this year was to buy out the contract of the company that actually did the work on the preferred route. There are real concerns that this vital road is now being put on hold. The Waterford to Limerick road really needs to be improved. Deputy Conor McGuinness and I, and all the Oireachtas Members from across the affected counties, will continue to raise this to ensure that it gets proper funding next year.

Today, we are here to raise very important issues about workers whose bravery goes above and beyond the call of duty. These are our air search and rescue crews. We saw that recently in a tragedy in Waterford when an aircraft crashed just outside Waterford airport. Unfortunately, there was a fatality. The air search and rescue service was on the scene very quickly. These are crew members who work 24-hour shifts. They are required to be on site and remain on base for the full 24 hours. At any moment, they can be called to be deployed. They are in a state of immediate preparedness and have to respond, sometimes in a matter of minutes, and they do. We saw that last week.

Bizarrely, the Irish Aviation Authority and, by extension, the Government do not recognise their full 24 hours as work time. In fact, one quarter of the time they do as part of these 24-hour shifts is bizarrely labelled as standby time or rest time. That is clearly not the case. We are asking the Government to listen to the concerns that have been raised by the representative trade union and by crew members whom Deputy Conor McGuinness and I met over the course of the past few weeks. They are raising very genuine safety and fatigue issues. We ask the Government to intervene and that the Irish Aviation Authority ensure they are fully compliant with the European working time directive for these vital workers.

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

I thank the Deputies. At the outset, I acknowledge their work and commitment. I acknowledge their support and the support of their party for the N24 on behalf of the Government and recognise their contribution to that debate previously. On behalf of the Minister of State, Deputy Seán Canney, who has responsibility for international and road transport, logistics, rail and ports, I thank them both for raising this very important matter on behalf of their constituents.

The Irish Coast Guard search and rescue, SAR, aviation services are provided under a contract that is currently transitioning to Bristow Ireland Limited. The previous contractor, CHCI, has operated the service since 2012. On 30 May 2023, the Government approved the decision to award a contract for provision of the next national SAR aviation service to Bristow Helicopters. The decision to award the next contract for the delivery of an enhanced contract specification followed a comprehensive and robust public procurement process, which was undertaken fully in accordance with all national and EU procurement rules. Bristow Ireland is a subsidiary of Bristow Group Incorporated, a US-based multinational company. Bristow Group Incorporated currently operates similar contracts for SAR services in other jurisdictions, including the UK and the Netherlands. They also have extensive experience in supporting the offshore oil and gas business internationally.

The total cost of the new contract, as signed on 11 August 2023, for the standard ten-year contract term for rotary wing element, plus the five-year minimum term for the fixed-wing elements, amounts to €816 million, including VAT. The Minister has the discretion to extend both the rotary and fixed-wing elements to a maximum of 13 years.

The new enhanced contract specification provides for the operation of six AW189 helicopters, five of which are newly built and have already been accepted into service by Bristow, with the sixth helicopter scheduled to arrive in Ireland later this year. These helicopters utilise latest-generation search and rescue technology, including modern night vision flying equipment. In addition, for the first time, the new contract includes a fixed-wing element, which is being delivered by 2Excel Ireland, subcontractors to Bristow Ireland Limited, BIL, using two King Air aircraft. The fixed-wing service is a notable addition to the State, enhancing the Coast Guard’s SAR capabilities, including inland and maritime provision of top cover communications for longer range helicopter missions; a life raft drop capability; maritime environmental protection measures, including investigation of pollution and ship casualty reports; and capacity to transport up to three ambulatory patients for emergency national or international transfers.

The new integrated aviation service will enhance the Coast Guard’s ability to deliver on its core services, including maritime and inland search and rescue; maritime environmental monitoring, including pollution checks; providing aeromedical supports to the HSE and the National Ambulance Service, including helicopter emergency supports and interhospital transfers; the provision of day and night-time aeromedical support to the offshore island communities; and provision of aviation supports to other State organisations. The new contract also provides improved crew accommodation facilities and enhanced mission management technology.

As with existing arrangements, the new contract provides for the operation of four search and rescue helicopter bases located at Sligo, Shannon, Waterford and Dublin at Weston, and for a fixed-wing service also located in Shannon.

Aidan Farrelly (Kildare North, Social Democrats)
Link to this: Individually | In context

The Minister of State's time is up.

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

The operation of four helicopter bases provides an inherent resilience that enables continued delivery of nationwide services-----

Aidan Farrelly (Kildare North, Social Democrats)
Link to this: Individually | In context

The Minister of State is 20 seconds over now.

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

I have to finish this.

Aidan Farrelly (Kildare North, Social Democrats)
Link to this: Individually | In context

You can finish in your second slot-----

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

No, I cannot. I have to finish this.

Aidan Farrelly (Kildare North, Social Democrats)
Link to this: Individually | In context

The time is up. We are 20 seconds over-----

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

I am sorry, but I have to say this.

Aidan Farrelly (Kildare North, Social Democrats)
Link to this: Individually | In context

Minister of State, listen-----

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

When bases go off-line for reasons such as technical outages-----

Aidan Farrelly (Kildare North, Social Democrats)
Link to this: Individually | In context

The Minister of State's time is up.

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

-----helicopter maintenance, short-term staff unavailability etc., these interruptions are to be expected in the normal course.

Aidan Farrelly (Kildare North, Social Democrats)
Link to this: Individually | In context

The Minister of State is 45 seconds over his time.

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

The resilience of the four-base strategy has been well proven over the years.

Aidan Farrelly (Kildare North, Social Democrats)
Link to this: Individually | In context

You have been nearly five minutes speaking at this stage.

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

The base location also provides-----

Aidan Farrelly (Kildare North, Social Democrats)
Link to this: Individually | In context

Your speech is written out here and we can all see it.

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

-----for a geographic distribution of skilled local employment.

Aidan Farrelly (Kildare North, Social Democrats)
Link to this: Individually | In context

I call Deputy McGuinness.

Conor McGuinness (Waterford, Sinn Fein)
Link to this: Individually | In context

With respect, the Minister of State provided a lot of information that we already knew about the service provided. We know it because we have met air crews, because we have been following this case and because we do our jobs and keep abreast of these issues. The question we are putting to the Minister of State and his colleagues in government is whether the Government will act to resolve this issue to ensure compliance with the working time directive and aviation regulations so that the working time that search and rescue crews are actually doing is recorded as such. This is about safety and combating fatigue. It is about ensuring that our search and rescue air crews are at their very best when they are answering a call, be it to an offshore island, be it to a fishing trawler in trouble off our coast, be it to a road traffic accident along the N24 the N25 in Waterford, or any of the issues they are asked to respond to. Communities like mine in Waterford know the value of a search and rescue presence but we are concerned when we are hearing from crews themselves that their lives and their ability to do their work have been put in jeopardy by the Government's failure to act.

David Cullinane (Waterford, Sinn Fein)
Link to this: Individually | In context

I think the Minister of State is conflating fatigue risk management systems with accounting of hours. Crews would say they are two completely different things. Of course there should be fatigue risk management systems but this is counting one quarter of their hours as rest time. The Minister of State acknowledged in his response that these crew had to remain on base and were ready to be deployed at a moment's notice. The Minister of State said that this was a HR issue, was not for the Department, and was between the employer, the Irish Aviation Authority and the crew. This reminds me of the HSE where everything is at arm's length, where it is not the Minister's fault, it is not the Department's fault, it is some other agency's fault. There is a responsibility on the State, including the Department and the Government, to ensure that when the crews we send out in the worst seas, in the worst conditions and in the worst weather raise very serious safety issues, fatigue issues and workers' rights issues, they and their representative trade unions are listened to. We ask again that the Minister would intervene, notwithstanding what has been said here about the role of the regulator. There is a role for the regulator, but as importantly, there is a role for the Government.

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

I apologise to both Deputies for not having time to give them an oral response in full, which they also now have. I recognise their concerns. Following on from what I said, I will be bringing this to the attention of the Minister. I also understand the Cathaoirleach Gníomhach's time constraints.

The Department of Transport is prioritising the safe and effective transition of the aviation contract, without the interruption of services, and is ensuring that the two contracted operators, CHCI and BIL, are providing sufficient capacity, expertise and resources to maintain safe search and rescue operations on a 24-7 basis across all areas of the country throughout this process. The Department engaged with both contractors to facilitate revised transition timelines. The transition timeframe, following engagement and agreement between the two operators, was extended by just over six months. The transition will be completed in February 2026 at no additional cost to the Exchequer and without interruption to the four-base strategy. The operation of four bases continues to provide the resilience for service delivery so that when individual bases become temporarily unavailable for whatever reason, the workload is shared amongst the other bases and the specific requirements for each mission are assessed as they arise. In the case of both contracts, availability of any base can range from full availability to partial availability to temporary unavailability.

The new contract operated by Bristow Ireland will increase the capacity and the capability of the Coast Guard to provide a range of essential services that are of strategic importance to the State, including maritime and inland search and rescue; aeromedical support; maritime environmental monitoring; and aviation support to the other State entities.

The Minister particularly recognises the critical importance of this service to our offshore island communities who rely on the Irish Coast Guard to provide day and night aeromedical support.