Olivia Mitchell (Dublin South, Fine Gael)
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Question 233: To ask the Minister for Transport if all EU states have passed legislation to accept liability for so-called dirty bombs which detonate on their national territory; if not, which EU states have yet to do so and the reason therefor; and if he will make a statement on the matter. [5921/06]

Martin Cullen (Waterford, Fianna Fail)
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In common with the other member states, Ireland provided indemnities to the aviation sector when essential insurance cover was withdrawn in 2001. We enacted legislation to provide for this and, in view of the large liabilities involved, we provided a "sunset clause" which resulted in the legislation expiring at the end of 2002. Unlike in Ireland a number of the other member states already had suitable legislative arrangements.

In order to be in a position to provide similar cover if essential insurance is again withdrawn from the aviation sector, the Oireachtas enacted legislation in July 2005 — the Air Navigation and Transport (Indemnities) Act 2005 — which will enable Ireland to issue indemnities for the aviation industry in Ireland. This is necessary because of the expiry of the 2001 legislation and it puts Ireland in a similar situation to the other member states.

Currently, aviation insurers have withdrawn war and terrorism cover in relation to dirty bombs risks for aircraft hulls — that is, the actual aircraft themselves. However, airlines have been willing to continue without this cover, since it is not compulsory to have it. Third party and passenger liability cover, which is compulsory under EU law, is expected to be withdrawn at some stage this year — precisely when is not certain. In view of the enactment of the 2005 Indemnities Act, I am satisfied that Ireland is ready to respond quickly to that withdrawal.

In the time available it has not been possible to obtain exact details of the position in other EU member states. My Department has asked the European Commission for this information and, as soon as a reply is received, I will arrange for it to be forwarded to the Deputy.