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Dáil Éireann debate -
Wednesday, 1 Jul 1992

Vol. 421 No. 9

Written Answers. - Departmental Legislation.

Jim Higgins

Question:

82 Mr. J. Higgins asked the Minister for Tourism, Transport and Communications if she will give details in respect of her Department of (a) the legislation promised in the Oireachtas since 1989 and (b) the leglisation introduced to the Oireachtas; and if she will make a statement on the matter.

The information requested is set out in the following tabular statement:

(a) Legislation promised and enacted

B & I Line Act, 1990 (No. 4).

Broadcasting Act, 1990 (No. 24).

B & I Line Act, 1991 (No. 29)

(b) Legislation Promised and not yet initiated

Title

Present Position

Irish Aviation Authority Bill (to provide for the establishment of Irish Aviation Authority to replace Air Navigation Services Office of Department of Tourism, Transport and Communications)

International Carriage by Rail Bill (to give effect to COTIF — Convention Concerning International Carriage by Rail)

Bills being drafted with Government authority. It is hoped to initiate them in Dáil-Seanad Éireann in 1992.

Carriage of Dangerous Goods by Road Bill (to give effect to ADR — European Agreement concerning the International Carriage of Dangerous Goods by Road)

Bus Competition Bill

Proposals for the liberalisation of the bus industry which have been prepared by my Department are being reviewed. As soon as this review is completed, comprehensive proposals in the matter will be brought before the Government. The issues involved are complex and it has been necessary to put liaison arrangements in place between my Department and all the interested parties to elicit the widest range of views in relation to the future development of the bus industry.

Broadcasting Bill

The review of the Broadcasting Act, 1990, and other broadcasting legislation is being proceeded with as a matter of urgency. It is proving particularly complex but it is hoped to conclude the review and submit a comprehensive set of proposals for new legislation to Government in the autumn. It is hoped to initiate the Bill in Dáil/Seanad Éireann shortly thereafter.

Jim Higgins

Question:

83 Mr. J. Higgins asked the Minister for Tourism, Transport and Communications if she will give details of the legislation for which she is responsible, enacted by the Oireachtas, which has not yet come into effect; and if she will make a statement on the matter.

The information requested is set out in the following tabular statement:

Act

Provision not yet gone into effect

Reason

Air Navigation and Transport Act, 1988 (No. 15)

Section 17 (obligation of owners or operators of aircraft in relation to liability for loss or damage arising from operation of aircraft).

It has not been found necessary to activate this section, by Ministerial Order to compel aircraft owners/operators to insure against, or otherwise make financial provision to meet, liability arising in relation to their aircraft operations in, into, out of or over the State, because the procedure for the authorisation of commercial air services by the Minister for Tourism, Transport and Communications, under the Air Navigation and Transport Act, 1965 (No. 6), is used to ensure that there is adequate cover for any liability relating to the death or injury of passengers, or the loss of or damage to goods, carried on such services. The position in regard to other aircraft operations (including the use of private aircraft) is under consideration.

Part III and First Schedule (pro visions relating to the 1975 Protocol to the 1929 Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air).

None of the four Protocols is yet in force internationally as this requires ratification by 30 States in each case. Ireland ratified each of the four Protocols on 27 June 1989. The necessary Government Order (s) will be made to bring the provisions of the Act into force with effect from when each Protocol comes into force internationally.

Ratifications to date—

Protocol 1 25 States.

Protocol 2 25 States.

Protocol 3 19 States.

Protocol 4 21 States.

International Carriage

Application of Act (which gives the

While a Ministerial Order under

of Goods by Road Act,

force of law to CMR — Con-

the 1990 Act can provide for such

1990 (No. 13)

vention on the Contract for the

application in Irish law, an Act of

International Carriage

International Carriage of Goods by

the UK Parliament is required in

of Goods by Road Act,

Road) to carriage solely between

order to make the necessary pro-

1990 (No. 13)—contd.

the State and the United Kingdom

vision in UK law. The UK auth-

of Great Britain and Northern

orities are agreeable to sponsoring

Ireland.

that legislation as soon as there is

a suitable opportunity. The new

Irish and UK law applying CMR

must have the same operative date

in order to avoid any distortion of trade.

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