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

The requirement in Irish law for crew peer support derives from EU Regulation 2018/1042. The regulation was developed in consultation with all stakeholders, including pilot representative bodies across Europe. The final regulation represents a consensual balance of the views of all stakeholders. The regulation came into effect in February 2021. The IAA is the competent authority in Ireland in respect of the regulation. All Irish airlines have a peer support programme in place and the IAA has audited all peer support programmes as per the EASA requirements.

Having listened to the views of Senators on Committee Stage, I introduced section 77, which requires the IAA to undertake a review of the effectiveness of crew peer support programmes and, in doing so, to take into account most of the criteria as originally proposed by Senators, including addressing matters such as the promotion of use of a programme and the trust in it; independence of peers from management or supervisory functions; and the selection and training of peers. Senators Craughwell and Doherty's amendment differs in three respects from the original text of section 77. It requires that a pilot should be able to seek assistance from a peer not working in the same organisation, three-yearly reviews of peer support programmes by the IAA, and a review of the legislative provisions after a period of 12 months.

In respect of the position that a pilot should be able to seek assistance from a peer not working in the same organisation, the EU regulation places the responsibility on airlines to ensure they have effective crew peer support arrangements in place. A critical element in the process is for the airline to be guided by a peer as to when a pilot needs to be rostered off and supported. The airline has to be satisfied the guidance is coming from a source it is satisfied with and has confidence in. What is being envisaged by this amendment is a very different model from what pertains now. It is unclear how it will be operationalised and what the consequences would be. The proposal requires very serious and careful consideration and input from the IAA and EASA reviews and discussion at the aviation stakeholders' forum. The IAA operates within a larger, integrated, single European civil aviation system. We need to be mindful that we do not create a parallel set of national level requirements conflicting with our EU responsibilities.

Turning to the proposal for three-yearly reviews of peer support programmes by the IAA and a review of the legislative provisions after a period of 12 months, it is important to note there will be two significant reviews of crew peer support in 2023 by both EASA and the IAA. EASA has started its process to review the effectiveness of peer support programmes, which it will complete by October 2023. The review will involve relevant stakeholders and will be based on data gathered with support from member states, EASA and other stakeholders. The target stakeholder groups are national competent authorities, such as the IAA, aircraft operators, flight and cabin crew, and other safety-sensitive personnel, in addition to associations representing pilots and cabin crew, airlines, and aviation psychologists and psychiatrists. Section 77 of the Bill as passed on Committee Stage already requires the IAA to undertake a review of crew peer support programmes operated by airlines within 12 months of commencement of the Bill and to publish the outcome of the review on its website. The IAA aims to conduct its review in parallel with the EASA review. I believe the output from these two reviews will provide the evidential basis for policy and legislative development in respect of crew peer support. As such, I cannot accept this amendment.