Hildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

I thank the Senators. There were a number of issues there which were not directly related to the amendment.

I will deal with IAA industrial relations first. I am aware a significant proportion of air traffic controllers have made representations to the Minister, Deputy Ryan, in recent weeks outlining their concerns regarding workplace issues in the IAA. With any commercial State body, workplace issues fall in the first instance to be addressed by the board and executive of that body. Nevertheless, briefings have been sought and received from the IAA on the issues raised in the correspondence.

On the operation of the IAA call-in scheme and any safety implications, IAA executives have affirmed that safety is their overriding priority and at no point has safety been compromised in the operation of the scheme or any risk posed to the safety of air traffic control, ATC, services. I understand IAA's long-standing internal dispute resolution board, established with union agreement, has issued a binding resolution upholding the IAA's position on the operation of the scheme. I understand that, while Fórsa has urged its members to co-operate with the ruling, a significant proportion of ATCs remain unhappy with the operation of the call-in scheme and other workplace matters. In an effort to ensure continued dialogue and to resolve the current issues, the IAA executive recently met with Fórsa and the chairman of the IAA internal dispute resolution board with a focus on addressing outstanding concerns through dialogue. It is important that all sides recognise the need to continue dialogue in a constructive way to bring a resolution to the differences that have arisen.

On section 59, amendments Nos. 1 and 2, I hear Senators' concerns. I empathise with them and know where they are coming from. It is my strong expectation that the new single aviation regulator, once established, will engage with all stakeholders in a comprehensive and effective manner. Communications with licence holders will be responsive and follow good practice. The intention is we will have a new regulator, board, chairperson and CEO with a fresh approach. That is important.

Amendment No. 1 proposes to establish a licence holders forum in primary legislation. The amendment fixes the membership, participants, meetings, matters it considers and communication by the IAA with participants. Amendment No. 2 proposes to establish a licence holders charter in primary legislation. It requires the IAA to provide written guidance to licence holders on any matter related to compliance with its licence, direction on the interpretation of legal requirements, a written ruling as to compliance with its licence and a right of reconsideration of any such ruling.

While I strongly support the objectives of good stakeholder engagement and open and transparent communication with licence holders by the new regulator, I am not in favour of establishing such a forum or charter by means of statute for a number of reasons. First, it is not the norm to hard-code such mechanisms into statute. Second, the amendments risk infringing on the independence of the regulator in transacting its business. Third, by being prescriptive, they fetter the flexibility of the regulator to effectively manage consultation, stakeholder engagement and communications. Fourth, I do not believe prescribing engagement between parties necessarily improves the quality of that engagement.

I fully understand IALPA is passionate about its concerns and it points to the long history of its engagement with the IAA. I hear that loudly. These are complex issues of trust and relationship-building. However, I am confident the new regulator intends to address the concerns of IALPA in a proactive and satisfactory manner on a non-statutory and a consultative basis.

In his letter to all stakeholders on 21 September, the aviation regulator's chief executive-designate invited observations on the preparation of a draft statement of strategy for the new IAA regulator for the period 2022 to 2024. In the letter he proposed the following as deliverables: to review and improve the IAA regulatory processes as necessary; to provide clear information on processes, including compliance requirements; to establish stakeholder forums to inform decision-making; to set out a charter for licence holders; and to establish forums for sharing best practice.

The basis of this Bill is to reform the regulatory structure and create a new independent regulator. Part of that reform will be stakeholder engagement under a new board, chairperson and CEO. It is important to note that IALPA will not be engaging with the IAA in its original form. As such, I cannot accept amendments Nos. 1 and 2.