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

As I have stated in previous addresses to the Seanad around the expertise, and as Members know, the IAA has extensive and highly regarded technical expertise as it operates as part of the executive framework, but with an obligation to decide on matters within its own remit, and it works on an independent basis. A different approach may be appropriate where it is necessary to have expertise to assess the conduct of the functions of the IAA. The normal approach, for example, to the preparation of draft legislation is that proposals are drawn up by Department officials with responsibility for policy. The Department officials are expert, having built their expertise through their career experience and skills development in public administration, and the acquisition of subject-specific knowledge. Policy decisions are made by Ministers on the advice of officials.

Almost invariably, proposals for legislation are subject to a consultation process. We have had huge consultation in regard to this legislation, giving rise to inputs from stakeholders and interested parties that fall to be considered by officials in the first instance and, where appropriate, by Ministers. Additional expertise was contracted to advise on the provisions in respect of this Bill for search and rescue. As Members know, the Bill was drafted by the Office of the Parliamentary Counsel to the Government.

To reiterate, this Bill is principally about reforming structures to separate regulatory and commercial functions, rather than recreating the regulatory framework for aviation. The vast majority of aviation regulation derives from the European Union Aviation Safety Agency, EASA, and International Civil Aviation Organisation, ICAO, regulations. As Members know, I have also consulted with the Attorney General on the issues raised by Senators.