Emmet Stagg (Kildare North, Labour)
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Question 58: To ask the Minister for Transport his views on the new EU rules obliging airlines to offer compensation for delays, cancellations and overbooking; when the Government will establish the independent body to deal with passengers' complaints against airlines, in line with European Commission instructions; and if he will make a statement on the matter. [9695/05]

Martin Cullen (Waterford, Fianna Fail)
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New rights for passengers under Regulation 261/2004 came into force automatically in every EU member state on 17 February 2005. Passengers are now automatically entitled to compensation from an airline, depending on the circumstances, in the event of a long delay, cancellation at short notice or if denied boarding. Passengers should apply directly to the airline concerned for compensation.

No Irish legislation is required to confer these passenger rights, which come into being on foot of the EU regulation directly, but each member state is required to designate a body responsible for the enforcement of the regulation. A passenger may complain to that body if he or she is not getting the assistance he or she is entitled to from air carriers.

My Department is currently finalising its consideration of transposition of the EU regulation, including the drafting of the necessary statutory instrument which will provide for designation of a body responsible for enforcement. Under the draft statutory instrument, the designated body will have the power to prosecute any airline that it considers is not complying with the EU regulation. Passengers may bring legal action against the airlines to obtain compensation if it is not forthcoming from the airline.