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Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage (Resumed) (30 Jun 2009)

Noel Dempsey: I fail to understand how a departure tax in Ireland could have resulted in reductions in the number of passengers using airports across Europe. Some of the Deputies opposite noted that Belgium and the Netherlands decided to abandon similar taxes. However, the figures show that the rate of decline in passenger numbers in Belgium and the Netherlands is greater than in Ireland.

Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage (Resumed) (30 Jun 2009)

Noel Dempsey: If Deputies wish to make statements on the issue, they should at least consult the relevant figures. Data from the International Air Transport Association on passenger numbers show that the decline is a result of the global recession.

Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage (Resumed) (30 Jun 2009)

Noel Dempsey: Ireland did not impose a departure tax across the world.

Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage (Resumed) (30 Jun 2009)

Noel Dempsey: We have heard nonsense, plain and simple, about this issue.

Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage (Resumed) (30 Jun 2009)

Noel Dempsey: If we were to abandon the departure tax, as proposed by Fine Gael and the Labour Party, it would result in a loss of income or increased charges of approximately €200 million. Will the Deputies opposite tell me where we would generate such a sum in the event that we chose to forego revenue from the departure tax? It is easy to call on me to abolish it, and I would be more than willing to...

Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage (Resumed) (30 Jun 2009)

Noel Dempsey: None of the Deputies opposite has proposed cuts to compensate for abolishing the departure tax. They cannot have it both ways.

Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage (Resumed) (30 Jun 2009)

Noel Dempsey: The problem with the Deputy is he does not want to cut anything. He wants to create the impression that measures can be set aside and refuses to face up to reality.

Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage (Resumed) (30 Jun 2009)

Noel Dempsey: I would like to be constructive. Deputy Broughan asked whether it is possible to change the designation of space. This can be done formally. The diplomatic notes are standard notes which must be exchanged when an international agreement is made. There is no delay in this regard. The State Airports Act was suspended following requests from the airports concerned arising from the current...

Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage (Resumed) (30 Jun 2009)

Noel Dempsey: The agreement allows either party to request a review at any time. Redress is provided for in Irish law but that does not preclude passengers from also pursuing actions in the US. Deputies raised other issues which we may address on Committee Stage.

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: I thank Deputy Broughan for his amendment, which is based on a discussion we held in the Seanad. His colleague in that House wanted increased clarity on the matter but accepted my explanation that the amendment he tabled in this regard would probably cause further difficulties. In accordance with the agreement, preclearance officers will not be allowed to carry any weapon in the preclearance...

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: The people we will be dealing with are law enforcement officers. They are not Irish law enforcement officers but they are law enforcement officers in American terms. From the US side, they will have been checked and cleared for security purposes. Obviously, they are here for a specific purpose, which is to ensure that people do not board planes bound for the United States who should not...

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: If the Deputy looks at the Bill he will see that we are talking about two different subsections, (1)(d) and (e). As a general point, Irish law enforcement officers in the preclearance agreement have extensive powers of search, which are provided for in section 6. Under section 5(1)(d), the search is at all times subject to the consent of the traveller concerned. Section 5(1)(d) states that...

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: The Deputy's interpretation of that is pretty accurate. Unless there is a perceived danger to others, a person can withdraw from the preclearance area and decide that he or she is not going through the procedure.

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: A further full process is not envisaged, but there could be further screening in the preclearance area——

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: No, but there could be such screening in the preclearance area. The best way to describe this is that people currently go through the checks and the pre-inspection at Dublin Airport or Shannon Airport. When they arrive in the US they go through another process at the end. The US Department of Agriculture must clear them through and so on. Instead of that happening on the far side, it will...

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: I move amendment No. 3: In page 8, between lines 24 and 25, to insert the following subsection: "(7) Nothing in this Act shall be construed as permitting a preclearance officer to be in possession of a weapon in the performance of his or her functions under this Act.".

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: As Deputy Broughan said, we had a long discussion on this in the Seanad. I thank Senator Ryan for bringing this to our attention and Deputy Broughan for making another attempt to try to make it as clear as we possibly can. The concern everybody has is the interest of the traveller rather than anything else. I hope Deputy Broughan will accept that amendment No. 5 fulfils the spirit and the...

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: There will be quite an amount of interaction between stakeholders and so on. A consultative group will be in place shortly after this is implemented and, as I said, reviews will be carried out as required. There are different and important stakeholders involved in this. Passengers will want a pleasant experience when they are travelling to the United States. The airport authorities will...

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: I move amendment No. 5: In page 9, subsection (1)(i)(II), line 7, after "expedient" to insert "in the interests of the person being searched".

Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage (30 Jun 2009)

Noel Dempsey: Regarding Deputy O'Donnell's point, at no stage did I put forward the proposition that the Government was providing €20 million for the facility at Shannon or was I being disingenuous about it. I was asked about the capital costs of the facility and I replied what they were. On Deputy Pat Breen's point seeking assistance for Shannon for this, the facility is being paid for by the Dublin...

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