Deputy David Andrews has been given permission to ask the Minister for Transport a Private Notice Question, with the exception of the last few words in the question.
Private Notice Questions. - Travel Agency Operations.
asked the Minister for Transport if he is aware of the operations of a travel agency entitled Travel Sales and Services Ltd., and of the concern caused to the public; the action if any he is taking to ensure that the persons who paid for their holidays will be returned safely to Ireland.
In accordance with section 8 of the Air Navigation and Transport Act, 1965, the Minister for Transport, in his absolute discretion, may grant or refuse to grant an authorisation to operate an air service. Where an authorisation is granted, it may contain such provisions and conditions as the Minister thinks appropriate.
On 20 June, my Department received an application from Aviaco, a Spanish air carrier for an authorisation to operate an inclusive tour charter flight from Dublin to Malaga on 5 July on behalf of Travel Sales and Services, Capel Street, Dublin. On 23 June, the Department indicated by telex to Aviaco that the documentation received by way of the application was incomplete in certain respects. In particular, the Department sought evidence that the flights were bona fide inclusive tours and that the associated accommodation had been reserved, paid for and confirmed. Subsequent messages from the Department, which issued on 28, 29, 30 June and 1 July, made it clear that confirmatory evidence detailing numbers of rooms/apartments and period of reservation was required by telex direct to the Department from each hotel/apartment complex involved. As an alternatives, the Department indicated that it could accept a written assurance from Aviaco that the airline itself was prepared to accept complete responsibleity and liability for ensuring that the accommodation arrangements were completely satisfactory.
As the necessary confirmatory evidence was not received by my Department and as the requested assurance from the airline was not forthcoming, the Minister decided on Friday, 1 July, to refuse the application. In arriving at this decision, he was conscious of problems experienced by holiday-markers who booked in 1981 and 1982 with other travel companies with which the owner of Travel Sales and Services, Mr. Joe Fay, was associated.
On Monday, 4 July, additional evidence in relation to the accommodation reserved in Spain was furnished to the Department of Transport by Travel Sales and Services. In addition, a written assurance was furnished by Aviaco that all the accommodation arrangements contracted by the clients of Travel Sales and Services through their Spanish agents were completely satisfactory. The Minister decided, therefore, last evening to reverse his decision to refuse the Aviaco application and granted an authorisation to the airline to operate a charter flight from Dublin to Malaga this morning (5 July), returning on 17 July. Approval has been granted in respect of one charter flight only. An application by the airline for two further flights to Malaga later this month, on behalf of the same company, is at present being examined.
In deciding to approve the Aviaco flight, the Minister took into account the serious inconvenience which his continued refusal would cause to a large number of holiday-makers due to travel to Malaga from Dublin Airport this morning.
I should perhaps mention that the authorisation granted to Aviaco contains, inter alia, the following conditions:—
(i) Aviaco would be responsible for the return of all passengers to their original point of departure; and
(ii) Mr. Fay of Travel Sales and Services would travel out on the charter flight on 5 July and ensure that the accommodation arrangements contracted by the clients of Travel Sales and Services were completely satisfactory.
I can advise the House that Aviaco have confirmed in writing that they will honour the condition about repatriation of passengers and that Mr. Fay travelled to Spain with his clients this morning.
I should also perhaps remind the Deputy that a statutory licensing and bonding scheme for the travel trade under the Transport (Tour Operators and Travel Agents) Act, 1982 will come into effect on 1 November next. The scheme is basically a consumer protection measure necessitated by a number of business failures in the travel trade in recent years which gave rise to a growing amount of public unease. Pending the introduction of the new scheme, the Irish Travel Agents' Association has a voluntary rescue and protection fund which applies to all holidays booked with members of the association. Basically, however, it is a matter for each intending holiday maker to make the necessary inquiries to ensure that his/her own interests are protected.
I thank the Minister for the part of his reply I could hear. I have raised the matter because of concern expressed to me by a number of my constituents during the weekend. Can the Minister say how it is that the individual he named can continue to give the travel agency business a bad name? Why was the decision resersed at such short notice, causing concern to those people who had already purchased holidays from this individual? How can this individual continue to exist legitimately as a travel agent?
The Minister took action in this case because of the individual involved. From 1 November next legislation will come into effect to ensure that people of this nature, or anyone who intends to operate a travel agency, will have to come up to the standards required by the Department. As far as this flight is concerned, going out today and coming back on 17 July, all the guarantees the Department think are necessary have been given by Mr. Fay and Aviaco.
Is Mr. Fay staying with these holidaymakers, because I think that is the only way that they can believe——
I cannot say he is sleeping with them.
This is a very serious matter. On behalf of my constituents and those others who went with this individual I should like to be sure that this person has given them a guarantee that they will be brought back.
We have already given the Deputy a guarantee that they will be brought back.
It is not very encouraging.
Is the Minister aware that under the 1982 Act this particular individual would have been excluded? Is he further aware and, if not, would he read the file, that before I left the Department I left instructions this 1982 Act would come into operation in April 1983 and would he state why the public are put at risk by having its operation postponed until November 1983?
It was to come into operation on 1st November 1983 but certain regulations in relation to the legislation were not brought up-to-date. It was intended to have it in operation on 1 November but nothing could be done about it. I think it will come into operation on 1 November and it should prove quite satisfactory when it comes in.
Is the Minister aware that the customers were pitched about in Malaga last year, caused trouble to our embassy in Madrid, brought our country into disrepute with the tourism industry in Spain and that stories were spread throughout all the tourist magazines in western Europe about the unreliability of the Irish tourism operation?
Why did the Deputy not leave instructions for the Act to be brought into operations last September?
(Interruptions.)
I should like to say to Deputy Wilson and to the House in general that the Government are as concerned as anybody else about people who fly out on holidays regardless of where they go and the Minister for Transport paid particular attention to this application and he is fully satisfied that the people will be brought back.
Would the Minister accept that the thrust of administrative decision in his Department was that the Act should operate from the beginning of the tourist season this year and would he confirm that I sent a civil servant from the Department to check personally on this particular office to find there was nobody there? The bird had flown.
Deputy Gene Fitzgerald has been given permission to put a Private Notice Question to the Minister for Social Welfare.