Gerard Craughwell (Independent) | Oireachtas source

I move amendment No. 2:

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

“Amendment of Act of 1993 - Licence Holders Charter

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

“Licence Holders Charter

14B.(1) For the purpose of ensuring that the system of authorisation and licensing is operated in an integrated and transparent manner consistent with the protection of safety, the Irish Aviation Authority shall adopt and operate a Licence Holders Charter.

(2) In this section, a Licence shall refer to any licence, permit, or authorisation that is granted by the Irish Aviation Authority to any person or body in connection with commercial aviation.

(3) The Licence Holders Charter shall make provision for—

(a) the right of a Licence holder and their recognised stakeholder groups to obtain written general guidance from the Irish Aviation Authority as to any matter related to compliance with its Licence,

(b) the right of a Licence holder and recognised stakeholder groups to obtain specific written guidance from the Irish Aviation Authority, and where appropriate, direction on the interpretation of relevant legal requirements,

(c) the right of a Licence holder, in respect of any matter that arose or is arising in the course of the exercise of rights or the discharge of obligations under that Licence, to obtain a written ruling from the Irish Aviation Authority as to its compliance therewith, its duties, or authority,

(d) In respect of paragraph (c), a right to reconsideration of any such ruling by the Irish Aviation Authority, which to the fullest extent practicable, and such reconsideration shall be by persons other than the original decision maker,

(e) a procedure for regular publication of anonymised general guidance under paragraph (a) of specific guidance under paragraph (b), and subject to paragraph (d) any rulings under paragraph (c), and (f) any incidental matters, including procedures.

(4) The Irish Aviation Authority shall be bound by the Licence Holders Charter in respect of its dealings with Licence holders. It shall be without prejudice to the requirements of law in relation to the termination, withdrawal, or suspension of any Licence.

(5) Any right of a Licence Holder under this section may be exercised on its behalf by a recognised trade union or by a recognised stakeholder group.

(6) The Licence Holders Charter shall reflect and take due account of each of the following:

(a) legal obligations of the relevant Licence holder and their corresponding duties independently of those of other Licence holders,

(b) the responsibilities of all Licence holders to take action where necessary to ensure compliance with their legal obligations,

(c) the need to approach compliance in an integrated manner by recognising the individual and collective role and responsibilities of all Licence holders, and

(d) the ‘Just Culture’ requirements of EU Regulation 376/2014.

(7) Within 3 months of the date of the enactment of the Air Navigation and Transport Act 2021(the enactment date), following consultation of the Licence Holders Forum, the Irish Aviation Authority shall publish a draft Licence Holders Charter for public consultation and specify a period of not less than 2 months within which representations with respect to the draft Charter may be made by interested parties or the public.

(8) The Irish Aviation Authority shall consider each of the representations made and provide written reasons for adopting, modifying or rejecting each submission before adopting the Licence Holders Charter, which shall occur no later than 6 months from the enactment date and whereupon it shall become effective.

(9) Any amendments to the Licence Holders Charter shall be subject to the consultation requirements of subsections (7) and (8).”.”.