Noel Treacy (Galway East, Fianna Fail)

We will continue to enhance those facilities going forward.

Senator Dooley, in a wide-ranging contribution referred to the importance of international aviation in terms of the multicultural society in which we live. We are confident that the changes we are making will take account of the opportunities for our country. The convention with which the Bill deals takes account of the major changes taking place on a global basis. Aviation is becoming ever more relevant and practical and is being used by increasing numbers of people.

Senator Browne inquired about the Rome aviation convention. That convention deals with compensation for people on the ground and it has not been ratified by a sufficient number of countries to make it part of international law. It is, therefore, inert at present. The International Civil Aviation Organisation, ICAO, is currently considering revisions to the Rome Convention. We hope that these will be supported internationally and will help to create a more modern, relevant convention which will be acceptable to the vast majority of countries and which will be ratified in the future.

The Montreal Convention does not involve activity by the Department of Transport; it only comes into effect when a court case arises. In other words, the Department will respond from a national point of view in the event of Irish nationals being involved in court cases and similar situations. The old Warsaw Convention was drafted in French. As the baseline documents are all in the French language, the convention cannot be changed. State aircraft are included in the Montreal Convention unless we, as a sovereign Government, specifically exclude them. I thank Senator Wilson for his contribution.

Senator McDowell referred to section 7 and inquired whether it is an Irish provision. The people who drafted the Montreal Convention decided not to include mental distress therein. The limit on damages for mental distress is also included in the Civil Liability Act 1961, as amended by subsequent legislation. It is, therefore, an Irish provision which was introduced in 1961 and which has been updated in the interim.

The Senator also referred to Article 50 of the Montreal Convention which requires aviation insurance to be provided by carriers. Airlines are also required to have insurance under European law and a new European Union regulation is currently nearing completion. This will apply insurance requirements to non-EU airlines, a matter to which Senator Dooley alluded.

Senator Finucane referred to Article 22. This relates only to countries which do not use special drawing rights. The special drawing rights contained in the original convention are used by most countries. In the event that they are not included in the domestic legislation passed by such countries, the bottom line comes down to the interpretation and the comparison in respect of the gold standard situation.