I should like to thank Deputy Wilson, Deputy Brady, Deputy Manning and Deputy Bruton for their contributions to the Second Stage of this Bill.
Both the amending Protocol to the Convention dated 13 December 1960 and the Multilateral Agreement on Route Charges were signed in Brussels on 12 February 1981 by representatives of the seven member and four contracting states.
The introduction of the Bill in this session is in phase with progress by other states in their ratification procedures. To date three states, France, Luxembourg and Portugal have ratified both the Protocol and the Multilateral Agreement, while Switzerland has ratified the Multi-lateral Agreement. The UK, Belgium, Austria and Switzerland expect to complete their ratification procedures by early 1984. While the Netherlands, Germany and Spain have not given firm estimates of the time necessary to complete their ratification procedures, I am hopeful that the ratification procedures in all 11 states will be completed during 1984.
The purpose of the Bill is to give legislative effect to the provisions of both the Protocol and the Multilateral Agreement. These provisions, when enacted, will enable Ireland to ratify the amended Convention and the Multilateral Agreement. I should point out that there is not a new Convention as such, but the term "new Convention" has tended to be used to describe the consolidation into one text of the 1960 Convention and the amendments arising from the Protocol.
The provisions of the Bill relating to the recognition and enforcement of judgments are similar to provisions being proposed to enable Ireland to ratify the 1968 EEC Judgments Convention. These provisions are not as heavy handed as they might seem. Their intent is to simplify and speed-up the collection of route charges in the event of airlines not eventually paying their debts.
I should explain the situation in relation to unpaid charges. In general, defaulting payers account for less than 3 per cent of the overall route charges payable and about 1 per cent in the case of moneys owed to Ireland. While the Eurocontrol Route Charges Office may initiate legal proceedings against an airline who have continued to default in their payments, in many cases a payment plan is arranged with the defaulting payer so as to assist an airline in every way possible to discharge their debt.
The desirability of reducing the number of international organisations dealing with aviation matters was considered while drafting of the Amending Protocol was in progress. The possibilities included some form of amalgamation with the EEC, with the European Conference of Ministers of Transport or with the European Conference of Civil Aviation.
Difficulties foreseen at that time were the differing memberships of these organisations and that Eurocontrol was executive rather than policy oriented. There were undoubted advantages in continuing with the existing legal "persona".
Eurocontrol is required in the first instance to offer all vacant posts to nationals of the member states. The Department of Transport have been pressing for and will continue to press for more posts for Irish nationals in the organisation. We succeeded in getting three new posts in Brussels for Irish nationals during 1983. The Minister will continue to ensure that as many posts as possible, including those at the highest level, are open to Irish applicants as they fall vacant.
In establishing the route charges system the Eurocontrol member states endeavoured to devise a system which would be as equitable as possible and that could be applied to both upper and lower airspaces. The system is a harmonised regional system in which a single overall charge is invoiced for the area, irrespective of the number of states overflown. However, a separate charge is in fact calculated in respect of each state overflown, the overall charge for a given flight being obtained by adding together the separate charges.
The system is designated a "harmonised" regional system because, although the charge is calculated for each separate State, the calculation formula is identical for all the States participating in the Eurocontrol Route Charges System. Furthermore, the methods used by states in calculating the expenditure incurred by them in the provision of the air navigation facilities is also identical.
This charge is based on the cost, both current and capital, to each state of providing navigational facilities and includes the costs of the staff concerned. These costs, which vary from state to state, are then divided by the estimated level of traffic to give a flat rate. This rate in turn is adjusted to take account of the weight of a particular aircraft as well as the distance flown. The charging system is therefore based on the distance flown in a particular aircraft in a given airspace.
The charges referred to by Deputy Wilson and contained in the Schedule annexed to the Air Navigation (Route Charges) (Amendment) Regulations, 1983 (S.I. No. 82 of 1983) relate to tariffs levied on aircraft flying trans-Atlantic routes only. They do not relate to charges levied at particular aerodromes but rather to route charges incurred when flying to or from these aerodromes from points within specified zones over the Atlantic and along particular routes.
The Route Charges System works as follows:
—States participating in the system notify the Eurocontrol Central Route Charges Office in Brussels of all flights departing under Instrument Flight Rules from their aerodromes, all data regarding departures from Irish aerodromes being forwarded to Brussels through Ballygirreen Aeradio Station, County Clare;
—the Central Route Charges Office then calculates the charge due, based on the aircraft's weight and distance flown;
—this charge is billed to the airline concerned; and
—on receipt of payment, the Central Route Charges Office reimburses the State concerned.
In essence therefore, the Eurocontrol Central Route Charges Office acts as the collection agent of route charges for the States. Reimbursement of moneys to states is made in US dollars which are then converted into national currencies. The total receipts accruing to Ireland in 1982 amounted to £9.3 million and receipts to date in 1983 exceed £11 million. Under the new Multilateral Agreement, Eurocontrol will continue to collect route charges on behalf of the member and contracting states.
Mount Gabriel Radar Station near Schull, County Cork, monitored civil aircraft in the upper airspace within a radius of 240 miles. The facility consisted of two radar heads — one duty and one standby. The station was damaged by an explosion on 20 September 1982. As a priority, Eurocontrol decided to restore one head to operational service. Installation of the replacement equipment is now almost completed and an operational evaluation of the facility is scheduled to commence early in January.
A preliminary estimate of the cost of restoring Mount Gabriel to its pre-1982 status is approximately £2.5 million. Malicious injuries claims have been lodged with Cork County Council both by Eurocontrol and by the Department of Transport. Both claims are now likely to be heard in the Circuit Court in Skibbereen in January 1984.
The development of air traffic control centres involves extensive research relying heavily on data processing. For this reason, Eurocontrol set up an experimental centre at Bretigny, south of Paris. Experimental and simulation work is carried on there as a prelude to the development of automated control centres. Simulation is a technique whereby a real air traffic situation is represented in a computer and conclusions which can be applied to the original system can be deduced from the study of the model.
At Bretigny, real-time air traffic control simulation is carried out in a realistic environment, and includes work positions for controllers, communications networks, radar coverage and automated back-up systems. Officers from the Department of Transport have attended simulation courses and exercises at Bretigny concerned with the development of the Shannon upper airspace control centre. Simulated exercises such as those conducted at Bretigny cannot interfere with live aircraft.
The estimate of £9 million which I gave in my speech as the value of Eurocontrol facilities in Ireland is made up of £3.6 million for the Shannon upper airspace control centre and its extension, £3.4 million for Woodcock Hill radar station and the replacement radars recently installed and £2 million for Mount Gabriel radar station. These figures were agreed with Eurocontrol and, with the exception of estimates for the extension to the Shannon centre and the replacement radar at Woodcock Hill which are not yet fully costed, are the actual costs.
Electronic air navigation aids and communications equipments are provided by my Department for the control of aircraft en route in Irish lower airspace and landing at or departing from the State airports and for communicating with aircraft flying over the eastern part of the North Atlantic. The House can be assured that all aids and equipments necessary for the safety and regularity of aircraft movements have been and will continue to be provided.
Expenditures for the past three years were: 1980, £0.5 million, 1981, £1.3 million and 1982, £3.5 million. Expenditure for 1983 will exceed £2 million. Equipment installed since 1980 includes a primary radar and communication equipment at Dublin, a very high frequency radio beacon and communications equipment at Shannon and a computer and high frequency transmitters at Ballygirreen Aeradio Station, County Clare.
The Irish Government took an early initiative with regard to the tragic incident to Korean Airline Flight 007 on 1 September. The Secretary of the Department of Transport who in his capacity as current President of the European Conference of Civil Aviation was scheduled to attend the 24th Session of the Assembly of the International Civil Aviation Organisation in Montreal later that month, was directed by the Government to work for a common position among ECAC's 22 member states with a view to their adopting a joint approach to prevent the recurrence of such a tragedy. This joint approach resulted in a resolution presented by Ireland which will ensure that this incident is thoroughly investigated and that new binding and effective measures will be taken by the International Civil Aviation Organisation to guarantee the safety of aircraft engaged in civil air transport, including their crews and passengers.
Deputy Manning spoke on the immunity envisaged. This concerns the Director General and the top officials. It is similar to the case of diplomats and is normal procedure.
Deputy Brady indicated that I should visit Dublin Airport, which I have certainly done. I have not, however, visited the installation to which he referred. Some knowledge might be gained from this and I might look into it in the future. The Deputy also referred to instrumentation which, as I have already said, is undoubtedly the best available.
Deputy Bruton raised some points in relation to delays in flights to Spain over France. The delays experienced by our aircraft are comparable with aircraft from other European countries, having regard to the number of flights involved. The Minister for Transport will be President of this organisation in 1984 and I shall remind him of the problem mentioned by the Deputy. Deputy Bruton also mentioned costs. We are not responsible for costs but we recover all costs involved in en route passage of aircraft through our airspace, both current operating and capital costs for the provision of facilities.
Most of the points raised by Deputy Wilson have been dealt with already. Deputy Brady mentioned licensing requirements for Irish pilots. The criteria for Irish licences are as safety orientated as for any other country. The requirements are internationally agreed and enforced. We always strive after greater safety and I can assure the Deputy that I am always conscious of the need to promote increased safety.
I wish to thank all those who took part in this debate.