Willie Penrose (Westmeath, Labour)
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Question 142: To ask the Minister for Transport if he will take steps to ensure that the rights of disabled people travelling by air are preserved, in the context of the forthcoming decision to be made by the European Parliament on the rights of people with disabilities; if he will ensure that the safety reasons for which they can be denied, within the European Union, are clearly set out to avoid the risk of arbitrary and unjustified denials of boarding; and if he will make a statement on the matter. [11467/06]

Martin Cullen (Waterford, Fianna Fail)
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As the Deputy may be aware, there is a proposal for an EU regulation concerning the rights of persons with reduced mobility when travelling by air. The proposed regulation will mean, among other things, that persons with reduced mobility will have strengthened rights when travelling by air, that they may not be discriminated against in any way and that they cannot be refused a reservation or embarkation on grounds of reduced mobility except in certain circumstances where there may be a safety issue. Furthermore, the proposal will mean that assistance must be given to persons with reduced mobility in airports and when on aircraft, free of charge. Persons with reduced mobility will have to give advance notice of their needs to airlines and airports when making their reservation, and airlines and tour operators must determine whether there is a justified safety reason which would prevent such persons being accommodated on the flights concerned before refusing any booking.

Member states will be required to designate a body responsible for enforcing the regulations and receiving complaints. They must also lay down rules on penalties applicable to infringements of the regulations. Ireland has strongly supported this proposal and will designate an enforcement body when required.

The text of the proposal has been substantially agreed, with legal and linguistic issues to be resolved by the experts of the Council and the Parliament. It is hoped that it will be formally agreed at Council in May. Following adoption of the proposal at European level member states will have to transpose the regulation into domestic law. In Ireland this will probably be done by means of statutory instrument.

In respect of national legislation, the Disability Act 2005 is comprehensive and crosscutting legislation designed to support and underpin the participation of persons with disabilities in everyday life. The emphasis of the Act is to develop services and to put in place the requisite infrastructure in a systematic way. The Act puts on a statutory footing a wide variety of positive action measures to improve fundamentally the position of persons with disabilities in Irish society.

Under section 34 of the Disability Act 2005, the Minister for Transport is required to draw up a sectoral plan covering accessible transport, including transport by air. An outline sectoral plan was published in September 2004 and was the subject of a public consultation process. A second edition of this plan is currently being prepared, which will also be the subject of a consultation process. When finalised the departmental sectoral plan will be laid before the Houses of the Oireachtas by 29 July 2006 as required by the Disability Act 2005.