Dáil Éireann debate -
Tuesday, 16 Jul 1946

Vol. 102 No. 7

Air Navigation and Transport Bill, 1946—Money Resolution. - Air Navigation and Transport Bill, 1946—Committee and Final Stages.

Sections 1 to 4, inclusive, agreed to.

SECTION 5.

Mr. Lemass

I move amendment No. 1:

Before sub-section (2), to insert the following new sub-section:

(2) The Minister shall not, in any Order made by him under this Act, make provisions in relation to the customs except with the concurrence of the Minister for Finance.

The Chicago Air Convention provides amongst other things for internationally agreed customs procedures at airports. The Paris Convention provided similarly but under the legislation which implemented the Paris Convention the power of making regulations was conferred upon the Government. Under this Bill the power of making regulations will be conferred upon the Minister for Industry and Commerce. It is obviously desirable that the Minister should not make regulations without consulting the Minister for Finance and the purpose of this amendment is to ensure such consultation.

Amendment agreed to.

Section 5, as amended, agreed to.

Sections 6 to 14, inclusive, agreed to.

SECTION 15.

Question proposed: "That Section 15 stand part of the Bill."

Mr. D. Morrissey

Can the Minister give even an approximate idea of what the expense under this section is likely to be—roughly?

Mr. Lemass

Roughly, about 25,000 or 26,000 dollars.

Mr. D. Morrissey

Per——?

Mr. Lemass

Per year. The Deputy will understand that our payment will be expressed as a percentage of the total cost of the organisation and may vary slightly from year to year, but it will be in or around that figure.

Mr. D. Morrissey

I understand that.

Question put and agreed to.

SECTION 17.

Mr. Lemass

I move amendment No. 2:—

Before Section 17, but in Part II, to insert the following new section:—

(1) Where—

(a) a foreign aircraft to which this section applies makes, while engaged in international air navigation, an authorised entry into territory of the State or an authorised transit across such territory with or without landing, and

(b) the construction, mechanism, parts, accessories or operation of the aircraft infringe any patent, design or model duly granted or registered in the State,

then, notwithstanding anything in the Act of 1927, no action or proceedings shall lie or be taken in respect of such infringement.

(2) Where—

(a) spare parts or spare equipment for a foreign aircraft to which this section applies and which is engaged in international air navigation are or is stored in the State, and

(b) the said spare parts or spare equipment infringe or infringes any patent, design or model duly granted or registered in the State,

then, notwithstanding anything contained in the Act of 1927, the following provisions shall have effect—

(i) no action or proceedings shall lie or be taken in respect of such storage, unless such spare parts or equipment are or is sold or distributed in the State or commercially exported from the State,

(ii) no action or proceedings shall lie or be taken in respect of the user and installation in the State of such parts or equipment in the repair of any such aircraft.

(3) Sub-section (1) of Section 61 of the Principal Act shall not apply to any foreign aircraft to which this section applies which, while engaged in international air navigation, makes an authorised entry into the territory of the State or an authorised transit across such territory with or without landing.

the expression "the Act of 1927" means the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), as amended by the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 (No. 13 of 1929);

the expression "foreign aircraft to which this section applies" means aircraft of a State (other than the State) which—

(a) is a party to the Chicago Convention, and

(b) either—

(i) is a party to the International Convention for the Protection of Industrial Property, or

(ii) has enacted patent laws which recognise and give adequate protection to inventions made by the nationals of the other States parties to the Chicago Convention.

Mr. Lemass

The sole purpose of this amendment is to bring the patent law in regard to aircraft into line with the patent law with regard to ships.

Amendment agreed to.

Section 17 agreed to.

Section 18 deleted.

Sections 19 to 25, inclusive, agreed to.

Question proposed: "That Section 26 stand part of the Bill."

Mr. D. Morrissey

Am I to take it that the intention is that the maximum number of directors will be appointed arising out of the new arrangement?

Mr. Lemass

That is a matter which would necessarily be one for agreement with the parties who will now be joint owners of the company. At present there are five directors, three nominated by Aer Rianta and two by British Overseas Airways Corporation. The company agreement, however, provides for a board of seven, four from the Aer Rianta side and three from British Overseas Airways Corporation, and probably that will be the permanent number.

Question put and agreed to.

Sections 27 and 28 agreed to.

Title agreed to.

Bill reported with amendments.

Bill received for final consideration and passed.