Ivor Callely (Dublin North Central, Fianna Fail)

I indicated during the debate on Second Stage that Articles 5 to 9 of Annex IV to the revised convention refer to the issues of attaching the en route charge as a lien on the aircraft, making the operator and owner jointly and severally liable. It enables detention and sale of aircraft to enforce recovery. Ireland is under no compulsion to legislate for creation of liens or joint and several liability as to the owner and operator of the aircraft. The State has not made provision for this in the published Bill.

By not introducing the creation of a lien and joint and several liability, Ireland cannot be said not to be discharging its obligation under the new Eurocontrol convention. It is a matter of choice for a contracting party to introduce domestic law to this effect. We are not providing for the creation of liens or joint and several liability in this Bill. The provisions of Articles 5 to 9 of Annex IV to the revised convention will not have any force in Ireland. I have been advised that it is unnecessary to expressly include a reservation in the Bill relating to these articles. I am pleased to hear that Senator Burke is withdrawing the amendments.