Dáil Éireann debate -
Tuesday, 25 Jun 2002

Vol. 553 No. 5

Written Answers. - Ratification of Montreal Convention.

Denis Naughten

Question:

330 Mr. Naughten asked the Minister for Transport if his Department intends to ratify the Convention for the Unification of Certain Rules for International Carriage by Air, Montreal Convention; the major elements of passenger rights included in the convention; and if he will make a statement on the matter. [14551/02]

Minister for Transport (Mr. Brennan)

It is my intention that Ireland should ratify the Convention for the Unification of Certain Rules for International Carriage by Air, known as the Montreal Convention, as quickly as possible. Ireland has already signed the convention, along with most other EU member states and the European Community itself. Work on the ratification of the convention has begun in my Department, which will result in legislation being brought to the Oireachtas, before Ireland can formally ratify.

The Montreal Convention will only enter into force when 30 states have ratified it, when it will then be in force in only those states. To date only 19 states have ratified the convention. No EU member state has yet ratified the convention.

The main features of the convention are as follows:

Compensation in case of death or injury of passengers: the convention removes the outdated limits of air carrier liability in cases involving personal injuries or accidental death of passengers with the introduction of a two tier liability system, similar to that provided for under EU Regulation 2027/97.

The first tier of the liability system under the convention provides for strict liability up to 100,000 special drawing rights, SDRs, per passenger, approximately €140,000 – a special drawing right is a unit of currency whose value is determined by the International Monetary Fund. The limit under the Warsaw Convention, as amended, is just 16,600 SDRs or about €24,000.

Under the second tier, unlimited liability applies depending on the cause of the damage, with the onus of proof resting on the carrier – the carrier would not be liable for damage above 100,000 SDRs per passenger if the carrier could prove that the damage was not due to negligence on its part or that the damage was solely due to the negligence of a third party.

The convention provides for advance payments to be made without delay to persons entitled to make claims, if the carrier's national law allows this, to meet immediate financial needs. Such payments would not constitute acceptance of liability by the carrier and any payments made could be offset against any amounts paid later as damages by carrier.

EU Regulation 2027-97 already provides for granting advance payments which must be made within 15 days of not less than 15,000 ecus. These payments are made to survivors of the accident itself and to the immediate dependants of those killed.

Under the convention, an injured party will be allowed to take an action in respect of damage resulting from the death or injury of a passenger in the country where at the time of the accident the passenger had his or her principal and permanent residence. Heretofore an action could only be taken in the place of business of the airline, the place of the accident, the point of origin, or the intended point of destination of the flight. This "fifth jurisdiction" capability is subject to a number of strict conditions.

The carrier is liable for damage caused by delay in the carriage of passengers, baggage and cargo, unless it can prove that it took all reasonable measures to avoid the damage or it was impossible to take such measures. The limits of liability were fixed at 4,150 SDRs, €5,900 in the case of delay to passengers, 1,000 SDRs, €1,400 for loss, damage or delay of checked baggage, and 17 SDRs, €24 per kilogramme for cargo.