Gerard Craughwell (Independent) | Oireachtas source

I move amendment No. 1:

In page 40, after line 37, to insert the following:

"Amendment of Act of 1993 - Licence Holders Forum

59. The Act of 1993 is amended by the insertion of the following section after section 14: "Licence Holders Forum

14A.(1) The Irish Aviation Authority shall establish a standing body to serve as the collective statutory collaborative and consultative forum in relation to air safety and its regulation between the Irish Aviation Authority and persons or bodies that it licenses or authorises who are active in commercial aviation, to be known as the Licence Holders Forum.

(2) Without prejudice to subsections (6) and (7), the Licence Holders Forum shall meet at least twice per annum at which the Irish Aviation Authority shall be represented by its Chief Executive and be accompanied by such other staff of the Irish Aviation Authority as necessary. Secretariat services shall be provided to it by the Irish Aviation Authority.

(3) Each of the following may appoint one representative on the Licence Holders Forum:

(a) any air carrier holding an Air Carrier Operating Licence issued under Regulation (EC) No. 1008/2008;

(b) any recognised trade union or recognised stakeholder group representing 50 or more persons authorised to hold a commercial pilot’s licence or an airline transport pilot’s licence;

(c) any recognised trade union or recognised stakeholder group representing 50 or more persons licenced or authorised by the Irish Aviation Authority other than holders of commercial pilot licences or airline transport pilot licences. Where the particular class of licensed person is less than 50, then 50 per cent of their actual number by function shall suffice.

(4) The Licence Holders Forum shall also comprise such other representatives of stakeholders in aviation safety as determined jointly by the representative of the Irish Aviation Authority and those persons appointed pursuant to subsection (3).

(5) The Licence Holders Forum shall adopt its own procedures including arrangements with respect to the promotion of candour and the treatment of confidential information.

(6) The Irish Aviation Authority shall consult the Licence Holders Forum at least 28 days in advance in relation to the following:

(a) its proposal of a draft statement of strategy pursuant to section 29A(1),

(b) its submission to the Minister of any report pursuant to section 32(1) or 32(2),

(c) its submission to the Minister of an aviation safety performance statement in accordance with section 32A(1),

(d) the adoption of a State Plan for Aviation Safety in accordance with Article 8 of Regulation (EU) 2018/1139,

(e) the making of a decision pursuant to section 36,

(f) in respect of its adoption of any implementing measures (including orders pursuant to section 58) to give effect to any domestic, European Union, or international law requirement concerning or relating to authorisation or licensing, and

(g) all proposed or requested initiatives concerning the authorisation of licencing of personnel or carriers.

(7) The Irish Aviation Authority shall keep the Licence Holders Forum informed in relation to the following matters:

(a) the Irish Aviation Authority’s fulfilment of its regulatory performance plan as an element of its aviation safety performance plan,

(b) the implementation and operation of the Licence Holders Charter adopted under section 14B,

(c) any concern of any representative as to technical or safety standards for aircraft or air navigation or anything affecting or likely to affect the safety of civil aviation, and

(d) any guidance, clarifications, or direction issued under the Charter adopted under section 14B.

(8) Each representative on the Licence Holders Forum may propose for discussion anything in relation to—

(a) the licensing of persons or carriers involved in civil aviation, 2

(b) safety concerns associated with any licence or authorisation issued by the Irish Aviation Authority, and

(c) any issue concerning the safety of aircraft or air operations, whether or not regulated or subject to the oversight of the Irish Aviation Authority.”.”.

Amendment No. 1 proposes an amendment to the 1993 Act to provide for the establishment by the IAA of a standing body, to be known as the licence holders forum, which will meet at least twice a year and will provide a statutory basis for consultation and collaboration between licence holders and the IAA. The Minister and the IAA have written recently to the Irish Air Line Pilots Association, IALPA, stating that their new strategy will provide for a licence holders forum. While I do not question the bona fides of the board and current management of the IAA in this regard, there are great benefits to stating it explicitly in the law.This is because of concerns that there is an existing culture of exclusion in the IAA which may exclude representative bodies including IALPA from participating in this forum. I would like the Minister of State's assurance that she will accept mine and Sinn Féin's amendments to the Bill to ensure that this is not allowed to happen. I would share the concerns of IALPA members that the big airline companies have the clout to influence the IAA into excluding representative bodies and trade unions from being part of the consultative and stakeholders forum. Given the vital nature of input from pilots, particularly relating to safety and regulation, we should depend on organisational culture of goodwill to ensure this. With safety as a key priority all this should be nailed down as explicitly as possible.

I made these amendments available to the office of the Minister of State and I had hoped we could have sat down and discussed them in advance of the Committee Stage. However, IAA has not covered itself in glory in recent times. Members who sit on the Joint Committee on Transport and Communications constantly receive emails about problems with the IAA, which is of great concern to me. There is also a historical background to the clout that the major carriers in this country have and the way pilots have been treated down through the years. We have so many pilots who are on contract in these major carriers. What IALPA is looking for here, and I make no apology for representing IALPA's views today, is that there would be certainty underpinned by legislation for its members when it comes to difficulties with the organisations they work for.

I will move on to the second amendment, which proposes the drawing up of a licenceholders' charter. While I welcome and acknowledge the recent commitment by the IAA to develop a licenceholders' charter, this also needs to be placed on a statutory footing. The key features of the charter would be a system of authorisation and licensing that is operated in an integrated and transparent manner, consistent with the protection of safety. I am aware of the existing facility for licenceholders to report on safety concerns directly to the IAA but experience tells us that the response mechanism is not fast nor as consistent as it should be. In addition while the IAA encourages pilots to raise safety matters through their airline, this can pose serious employer-employee relation issues for pilots who may be perceived as being critical of their employing airline, with sometimes serious consequences. It is essential that the reporting process is placed on a statutory footing. Nothing relating to airline safety should be left to chance, goodwill, or best intentions. These amendments are also cognisant of the just culture requirements of Regulation (EU) No. 376/2014.

This morning I spent a considerable length of time reading the interim report of Rescue 116. One thing I found in that is that there is a culture within the airline industry in this country where people are afraid to come forward with issues. That is simply not good enough. We are talking about the people who carry 300 and 400 people and sometimes more on an aluminium tube to wherever they want to go. These pilots must have their own forum, and the ability to take matters of concern to them forward. After all, the airline has one licence to operate, while the pilot himself or herself has another licence to fly. If there is a conflict between the views of both, then it should be open to somebody to adjudicate on that. It should be that the pilot can access the adjudication process without going through the employer.

I have great concerns about the licensing issues that I have brought up here today. I would ask the Minister of State, even at this late stage, to accept the amendments we have tabled. They are being proposed by the experts in the area, the pilots themselves. They are the people who are asking for this. We should not always let the big airlines have their say, and that is really what is happening here from what I can see, and it is the way the legislation is read. We should not be afraid to bring in legislation that might call one of these big carriers to heel every now and then, and that would not be a bad thing. I ask the Minister of State to consider that, and I await her response.