Jan O'Sullivan (Limerick East, Labour)
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Question 135: To ask the Minister for Transport if he will bring forward legislation to curb potentially misleading advertising in the selling of airline tickets and to enforce the EU decision on this matter of 1 November 2008; if he will bring forward legislation aimed at specifically protecting airline passengers from unjustified charges and fees imposed on the price of an airline ticket; and if he will make a statement on the matter. [39855/08]

Noel Dempsey (Meath West, Fianna Fail)
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Regulation (EC) No. 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community came into force on the 1st November 2008. This Regulation is directly applicable in all Member States. It sets down common European rules in relation to licensing of air carriers, access to intra-community air routes and transparency of air fares.

Under the Regulation airlines can freely set their fares but specific requirements are set down in relation to the manner in which information on air fares is published. Article 23 of the Regulation stipulates, inter alia, that air fares (for air services from an airport located in a Member State) available to the general public, shall at all times indicate the final price to be paid. On 31 October, I made Statutory Instrument No. 426 of 2008, to give effect to Regulation (EC) No. 1008/2008 and to lay down penalties for non-compliance with Article 23 of the Regulation.

As I indicated to the House in early October (Dáil Question No. 58 of 1st October 2008) myself and my colleague the Minister for Enterprise, Trade and Employment agreed in principle that the National Consumer Agency should be assigned responsibility for enforcing the new European rules on transparency of pricing information on air fares set down in the Regulation. My officials and officials from the Department of Enterprise, Trade and Employment are currently discussing the transfer or assignment of enforcement powers in this regard to the NCA.