Diarmuid Wilson (Fianna Fail)

I join my colleagues in welcoming the Minister of State, Deputy Treacy, and his officials to the House. I am pleased to have the opportunity to speak on the Air Navigation and Transport (International Conventions) Bill 2004. The Bill will allow Ireland to ratify the Montreal Convention, and will give the convention the force of law in Ireland. The Montreal Convention is an updated replacement for the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air (1929), which, together with subsequent amendments, is referred to as the Warsaw system. The Warsaw system provides a worldwide system of standards and rules for carriage by air.

Section 4 provides for the three conventions, the Warsaw Convention with the amendments made by the Hague Protocol in 1955, the same convention with the additional amendments made by Protocol No. 4 of the 1975 Montreal Convention and the 1999 Montreal Convention we are discussing today, to have the force of law in Ireland. I note that the first two conventions are already enshrined in Irish law under the Air Navigation and Transport Act 1936, as amended. The relevant provisions of that Act are repealed in section 11 of the Bill. I welcome that all of the legislation in this area will be conveniently available in one Act.

I mentioned 1936, the year Aer Lingus, our national airline, was formed. On the day the airline announced profits of €78.5 million against the background of the war in Iraq and the SARS scare, I take the opportunity to congratulate the board, the chief executive, his management team and the workers on their success which is a far cry from the depressing state of the airline three years ago.

From the Minister's speech I note that ratification of the Montreal Convention by all EU member states and by the European Community before 1 May 2004 will ensure the Montreal Convention will automatically extend to the ten accession countries, when they become members on 1 May 2004. Otherwise the process will be delayed until all ten accession countries are in a position to ratify the agreement individually, which would be regrettable.

I welcome that the Montreal Convention was signed by 52 countries on its publication in 1999, including many EU member states. Ireland signed in 2000. In November 2003, the United States became the 13th country to ratify the convention thereby causing it to enter into force among the states that have ratified it.

Article 21 provides for compensation in the case of death or injury of passengers. I welcome that the carrier will be strictly liable for the first €118,000 of proven damages for each passenger. I was amazed that the amount under the Warsaw system was only about €20,000. Chapter 5 of the convention deals with carriage by air, performed by a person other than the contracting carrier. This is primarily to cover, what is known as "code-sharing" among airlines. A person may be quoted a price on the Internet for a flight from Dublin to New York and then find a cheaper price through a competing airline. I welcome the developments in this regard in chapter 5.

As an island, aviation is very important to us and I welcome the Bill, which reflects many improvements on the old Warsaw system. I join my colleague Senator Dooley in thanking Members from the Labour Party and Fine Gael for their agreement with this Bill thus far this evening.