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

The Air Navigation and Transport Bill 2020 provides for further enhancement and strengthening of this framework. It underpins the IAA's role in oversight of Coast Guard aviation activities generally but also aligns this regulatory oversight activity by the IAA with European aviation safety regulations. Further alignment with European aviation safety regulations is planned by exercising the option in Regulation 2018/1139 on common rules in the field of civil aviation, the European Union Aviation Safety Agency, EASA, regulation, to apply certain elements of it to Coast Guard search and rescue aviation activities, which are currently outside the EU regulations. The opting in to the European regulatory framework for search and rescue is one of the recommendations in the report.

Given that the aviation activities of the Coast Guard are not confined to search and rescue, and to ensure consistency across the regulation and oversight of Coast Guard aviation activities, we will opt in to Coast Guard activities as well as search and rescue. This will ensure that whether Coast Guard aircraft and personnel are flying a search and rescue or non-search and rescue mission, specified elements of the basic regulation will apply. National primary legislation is required for this and the necessary provisions are in the Air Navigation and Transport Bill. In practice, the IAA already applies European commercial air transport standards and procedures to the majority of Coast Guard aviation activities. Exercising the option in Regulation 2018/1139 will formalise this and provide European oversight by EASA to the regulatory role of the IAA in search and rescue.

On regulatory oversight and responsibilities, it should be noted that wholesale reform of aviation regulation in Ireland, which will separate the regulatory and commercial functions of the IAA, is being advanced through the Air Navigation and Transport Bill 2020. The Bill has been passed by the Dáil and is currently before this House. All the necessary administrative arrangements are being made in preparation for the new arrangements.

There has been some commentary around the production of aeronautical charts. In accordance with the International Civil Aviation Organisation, ICAO, Annex 4, the State is responsible for producing certain charts, including the ICAO 1:500,000 and 1:250,000 visual flying rules aeronautical charts. The Irish Aviation Authority Act 1993 assigns this responsibility to the IAA, which produces these charts on behalf of the State. The report does not make any findings regarding the accuracy of the charts published by the IAA. The report does, however, recommend a number of actions to ensure the appropriate maps are provided for flight crew, acceptable navigation data sources are used and minimum heights are stated. The IAA will oversee the implementation of these recommendations by the operator.

As regards the Department's oversight of the IAA's role in regulating search and rescue and other aviation activities, the Department engages aviation expertise for periodic oversight audits. Periodic review of the IAA by the Department is built into the IAA 1993 Act. Section 32 of the 1993 Act requires periodic examination of the performance by the IAA of its functions insofar as they relate to the application and enforcement of technical and safety standards for aircraft and air navigation. The examination is a safeguard to ensure safety standards are upheld. The most recent section 32 examination was carried out in 2019. The examination work included a focused review of search and rescue oversight by the IAA. This work provides us with an external review of the oversight role of the IAA in respect of matters raised in the AQE 2018 report on search and rescue aviation oversight in Ireland. The findings of the examination gave assurance regarding the performance by the IAA of its oversight function.

This year, at the request of my Department and following the public tender process, the IAA engaged consultants, Bureau Veritas, to complete an independent review of the IAA role as national civil aviation regulator, addressing areas of regulation that are outside the EU regulatory framework. The scope of the review, agreed with the Department in advance, covered the full range of activities in respect of aircraft operations, airworthiness, licensing, aerodromes and air navigation services. I can report that the review found no gaps in the areas examined in respect of the provisions of the Irish Aviation Act 1993 and associated statutory instruments in meeting obligations in ICAO annexes. The IAA is also regularly audited by EASA and ICAO. The IAA performs strongly in safety regulation within the European and global regulatory framework.

I record my thanks to the AAIU for its report, which comes after a long period of investigation and deliberation. I accept its recommendations, addressed to the Minister, and I and my officials will accord the report the time and consideration it deserves in the coming weeks. I am confident that measures taken to date since receipt of the final draft report in 2019 by my Department will strengthen the safe conduct of search and rescue operations. Uppermost in our thoughts right now are the crew of R116 and their families and loved ones. We must all ensure the findings and recommendations set out in this report of the investigation are fully implemented to prevent similar accidents occurring in the future.