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Dáil Éireann debate -
Thursday, 3 Feb 2000

Vol. 513 No. 5

Adjournment Debate. - Air Transport Safety

Is the Minister who will reply to this matter present?

I have been waiting for the Deputy. I will be happy to reply and I am sure the Deputy's contribution will be well worth waiting for.

The record of Irish aviation with regard to incidents and safety is exemplary. The confidence passengers have built up over the years in the safety, security and ongoing maintenance of the aircraft leaving Irish airports must not be undermined or eroded through legislation or directives from Brussels.

The recent European Directive No. 96/67/EU on ground handling proposes to open up access to European airports for the purpose of providing competition on all ground handling operations at airports. While I have no objection to this in principle, I am deeply concerned that potential operators might not operate under the same rules and regulations that apply at our airports. I am concerned there will not be social or environmental elements to the directive when it is incorporated into pending legislation covering airport regulation.

The suggestion that the Minister or her Department has confirmed the regulator will operate solely and exclusively on an economic basis and will not have regard to safety standards or environmental or social issues is unacceptable to me, the people working at Dublin Airport and, I am sure, the travelling public, if they were aware of it.

Given that ground handling service contracts will be granted on the basis of economic criteria only, it is appalling it is proposed that there will not be independent monitoring of safety standards for operators – people who carry goods on and off aircraft – who interact directly with aircraft.

The various statutory bodies responsible for safety and aviation standards will not have responsibility for the safety and technical standards of non-airline companies providing ground handling services directly to the aircraft. This loophole must be plugged. On the basis of the new regulation, a non-airline ground handling cowboy company could tender for services irres pective of the technical and safety standards of its personnel. Ongoing training carries a cost and it must be brought into the equation.

I understand the Minister's officials acknowledged a gap in the system, but they are unwilling to empower an independent authority to maintain and enforce safety standards in all aspects of air transport, particularly with self-handling and third party ground handling

It is estimated that airlines suffer around $20 billion per year in damage to aircraft on the ground. Unreported damage to an aircraft's skin or structure caused by ground damage could lead to a major flight disaster. That has not happened here because we know with whom we are dealing. The possibility of this occurring in Ireland would be increased if ongoing safety standards and training are not part of the ground handling tendering equation.

In the interests of the Irish aviation industry, its employees and passengers, I demand that the acknowledged gap in the proposed legislation is plugged. I look forward to the Minister of State's response.

I thank Deputy Ryan for raising this important issue. One of my Department's objectives for the aviation sector is to ensure that the standards, safety and security of aviation continue to inspire confidence in the use of Irish airspace and technical infrastructure.

This policy is based on standards which are set internationally, mainly through the International Civil Aviation Organisation Convention to which Ireland is a signatory. Effect is given to this policy through the Air Transport and Navigation Acts and the Irish Aviation Authority Act, 1993. Government policy and the development of these standards are designed to ensure continuing acceptable passenger and aircraft safety levels.

The Irish Aviation Authority has responsibility for regulating the technical and safety aspects of civil aviation and for the provision of air traffic standards and the authority monitors the activities of airlines in this regard. In its regulatory capacity the IAA oversees the safety standards in the operation, maintenance and air-worthiness of Irish registered aircraft, the Irish air navigation services, Irish airlines and aircraft maintenance organisations, the competency of Irish pilots and aircraft maintenance engineers and the operation of Irish aerodromes.

Under its Act the authority regulates matters relating to aircraft safety through competent persons or organisations licensed or certified by it, such as aircraft operators, maintainers and aerodrome licensees. Aircraft operators are responsible for ensuring that the ground services they have contracted for are properly and safely rendered. To the extent that they affect air safety, the IAA monitors the operators' supervision in this area.

Companies providing ground handling services are not and have not ever been regulated by the authority as they are considered to provide ser vices in support of operators and aerodrome licensees only. The opening of competitive access to ground handling companies through this directive does not change that situation.

Ground handling broadly comprises all those services required by an aircraft between landing and take off. An airline may chose to provide services for itself, self-handling, or contract with another company, third party handling, be it another airline or a dedicated ground handling company.

The purpose of EU Directive No. 96/67/EC of 15 October 1996 was to liberalise the ground handling market. Regulations to implement the ground handling directive were signed by the Minister on 16 December 1998. The directive seeks to eliminate a range of restrictive practices, which have generally applied at airports in Europe as regards the provision of ground handling services. At present, only Dublin airport is required to meet all the provisions of the directive. Cork and Shannon must meet the self-handling provisions. The smaller regional airports are bound only by general provisions regarding free access to providers of related services.

The directive provides that there shall be free access to airports by ground handling service providers subject to certain conditions. It also provides that access may be restricted in respect of the core ground handling services, provided it is restricted to no fewer than at least two providers for each category of service at a given airport and a minimum of two self-handlers.

With particular regard to the deregulation of self-handling and third party ground handling at Irish airports, I am aware of concerns regarding the need to ensure minimum standards in respect of ground handling services at airports. The Minister has received considerable correspondence on the subject, as have other Ministers and Deputies.

When airlines use sub-contractors to provide ground handling services, it is the airlines' responsibility, in the first instance, to satisfy themselves as to the adequacy of the standards, procedures, equipment and training of the service provider.

Companies providing ground handling services are subject to the health and safety legislation in the normal manner and to the by-laws in force at airports as regards safe working practices. Where the provision of ground handling services does not impinge on aircraft safety, such as catering supplies or aircraft cabin cleaning services, it is the responsibility of the existing agencies such as the regional health board's environmental health service for food safety, the Health and Safety Authority for safe work practices and the Environmental Protection Agency to enforce the legal standards in the same manner as for any other industrial activity or service in Ireland. The general standards which airport authorities require ground handling companies to meet will be in addition to the regulatory requirements set out above.

The Health and Safety Authority will continue to carry out regular inspection of airport activities to which the safety and health laws apply, including compliance with the duties imposed on either those who control workplaces or who employ workers. In addition, the authority would provide such information as it may have or other references to good safety and health practice applying to operations at airports.

It is the view of the Health and Safety Authority that there are no statutory safety standards applying specifically to ground handling at airports, and unless the case is established for such, the industry should agree on current best practice standards.

I am confident that the Irish Aviation Authority, as the independent authority for aviation safety, and the Health and Safety Authority, with its responsibility for safety in the workplace, will continue to monitor the situation regarding ground handling and advise the relevant Ministers regarding any additional safety requirements that may arise in future.

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