Dáil Éireann debate -
Wednesday, 29 Jun 2005

Vol. 605 No. 4

International Interests in Mobile Equipment (Cape Town Convention) Bill 2005 [Seanad]: Committee and Remaining Stages.

NEW SECTION.

Ms Shortall

I move amendment No. 1:

In page 3, before section 1, but in Part 1, to insert the following new section:

"1. This Act may be cited as the Air Navigation and Transport (Cape Town Convention on International Interests in Mobile Equipment) Act 2005".

I tabled this amendment for reasons of clarity. I received this Bill a while ago and when I read the Title I did not think it had anything to do with the Department of Transport. The Title is very confusing and would suggest that the Bill had something to do with mobile telephones. We suggest acceptance of this amendment to change the Short Title to "This Act may be cited as the Air Navigation and Transport (Cape Town Convention on International Interests in Mobile Equipment) Act 2005". The existing Title is very misleading and we suggest a Title similar to the Air Navigation and Transport (International Conventions) Act 2004 be adopted. As the Title stands, an ordinary person would think it had something to do with mobile phones.

Mr. Cullen

It is not appropriate to link the Bill with the Air Navigation and Transport Act for two reasons. First, the convention is about financial matters rather than air services. Second, it is envisaged that the convention will apply to other non-aviation financial matters, including railway rolling stock and space assets, for which additional protocols are being prepared. That is why the convention refers to mobile equipment specifically, as the issue is much broader than that of air transport, the aspect with which I am dealing today. The Bill does not deal with railway rolling stock or space assets. Further legislation will be needed to apply protocols to such matters.

The Cape Town Convention was news to me but everyone in the airline business knows about it. The convention is not specific to air transport; it covers mobile assets right across the spectrum. It is also about financing, rather than services and so on which are dealt with in other Bills. I do not propose, therefore, to accept the amendment.

Ms Shortall

I will not press it. While I take the Minister's point, for the sake of clarity, the Bill should refer to mobile assets rather than mobile equipment.

Amendment, by leave, withdrawn.

Section 1 agreed to.

Section 2 agreed to.

SECTION 3.

Acting Chairman (Mr. Sherlock)

Amendments Nos. 2, 3 and 5 are related and may be discussed together.

Ms Shortall

I move amendment No. 2:

In page 3, subsection (1), line 28, to delete "opened for signature" and substitute

"done".

"Done" is the word normally used and is used in both the convention and the protocol. I wonder, therefore, why we are using the strange term "opened for signature". I would have thought it was more appropriate to use the word "done".

Mr. Cullen

The wording is taken from the final Act of the diplomatic conference which states, "The said Convention and Protocol have been opened for signature at Cape Town this day". As there is no time limit after which states may not accede to the convention, it is not clear when the convention and protocol could be said to be done. A contract can be said to be done when all relevant parties have signed it but in this case parties will continue to add their signatures to it. That is the reason we have inserted the phrase in the Bill.

Ms Shortall

I have not seen that done before.

Amendment, by leave, withdrawn.

Amendment No. 3 not moved.

Section 3 agreed to.

Sections 4 to 10, inclusive, agreed to.

SECTION 11.

Ms Shortall

I move amendment No. 4:

In page 6, line 21, to delete "A" and substitute the following:

"The Registrar shall be designated under section 40 of the Diplomatic Relations and Immunities Act 1967 and accordingly a".

This deals with protection of the operations of the international registry. This section was queried in the Seanad and the response was not entirely satisfactory. The purpose of the amendment is to ensure the registrar would be able to function with all the proper protections and immunities available under the Diplomatic Relations and Immunities Act 1967 which I suggest should be extended to cover the registrar.

Mr. Cullen

It is not intended to give the registrar diplomatic status. The registrar is a company with a contract with the International Civil Aviation Organisation for the purpose of carrying out functions under the convention which specifically allows the registrar to be sued for negligence. The purpose of section 11 is to prevent a court from making an order at the request of one aggrieved party that would prevent the registrar from continuing to provide service for all others. In other words, if one airline company was involved in a dispute with the registrar and decided to sue, it would not be able to obtain an injunction to stop business being carried out with other airlines.

Amendment, by leave, withdrawn.

Section 11 agreed to.

Sections 12 to 15, inclusive, agreed to.

SECTION 16.

Question proposed: "That section 16 stand part of the Bill."

Mr. Cullen

Section 16 which amends the Act dealing with the Montreal Convention is in response to a request for an amendment by Deputy Shortall. I am not hard all the time.

Ms Shortall

I am bowled over by the Minister's generosity.

Mr. Cullen

I will try to take some credit. There was an acceptance at the time that the Act should be amended.

Question put and agreed to.

Schedules 1 and 2 agreed to.

Amendment No. 5 not moved.

Title agreed to.

Bill reported without amendment and received for final consideration.

Question proposed: "That the Bill do now pass."

Ms O. Mitchell

I thank the Minister for bringing the legislation before us so speedily and am very relieved it has been passed before the House rises for the summer. I thank the officials for their briefings and work on an extremely complicated Bill.

Ms Shortall

I also congratulate the Minister and his officials.

Mr. Cullen

In keeping with the collegiate approach, I thank everyone for their help in getting the Bill through, including the officials. I am sure this will prove to have been a good day for the aviation sector.

Question put and agreed to.