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Dáil Éireann debate -
Wednesday, 25 Jun 2014

Vol. 845 No. 2

State Airports (Shannon Group) Bill 2014 [Seanad]: Second Stage (Resumed)

Question again proposed: "That the Bill be now read a Second Time."

I want to deal with the pensions issue primarily but first I wish to make a few points about the operation of Shannon Airport itself. Yesterday I had the privilege of spending the day in Ennis courthouse with peace activists Niall Farrell and Margaretta d'Arcy who were before the court for breaching airport by-laws and who faced the criminal charge of allegedly interfering with the proper use of the airport when they went onto the runway in September 2013. During the course of the trial yesterday the defence presented very compelling evidence which proved that Shannon Airport is not being used in a proper manner and is in fact a key strategic hub and part of the US global military operation, facilitating the movement of over 2 million US troops to Iraq, for example. During the course of the trial, defence expert Dr. Tom Clonan made the point that he had met representatives of Hezbollah who had remarked on the airport in County Clare and spoke of their disappointment with the Irish Government in that regard. What is going on there is not only wrong for the people of the Middle East; it is also exposing Irish citizens, at best, to hostile scrutiny and at worst, to danger by making them targets. In fairness, the judge was very strong in his summing up yesterday. He told the authorities at Shannon Airport that he recognised the seriousness of the matters raised in the court. He said that it beggared belief that this would be treated as a criminal matter and that the authorities at Shannon Airport should deal with it themselves. The peace activists were sentenced to two weeks imprisonment, suspended if they agreed to certain conditions. We all know that Margaretta d'Arcy will not be agreeing to those conditions and will probably end up back in jail. The point that came across strongly was that the Government and politicians generally have ignored this issue, as have gardaí but conscientious citizens will not allow it to be ignored. We can call Shannon Airport whatever we like. We can reconstitute it, as this Bill does, but as long as it operates as a cog in the US war machine, it will never be a proper airport. We must deal with that issue.

I turn now to the most controversial aspect of the Bill, that is, its impact on the IASS pension scheme and specifically the provision which allows workers to be taken out of that scheme without their agreement or consent. As workers have said, the Bill removes all existing safeguards. I must declare an interest here - I am a member of that pension scheme having been an employee of Aer Lingus. I am aware that the Minister justified this in the Seanad on the grounds that it was allowing employers to take their members out of the scheme without being constrained by the fact that it was a multi-employer scheme and that they could negotiate with their members on that. However, that avoids the key problem here, namely that negotiating with and hearing the views of the members of that scheme has been hugely problematic. We saw that clearly with the expert panel and its total lack of engagement. When this Bill was before the Seanad, which was prior to the expert panel producing its report, the Minister said that it would be hard to imagine that the expert panel would not deal with existing or deferred pensioners. In fact, that is exactly what it did. The expert panel excluded existing pensioner from its adjudication.

The deferred pensioners have highlighted very clearly the problems that exist. The Pension Ombudsman does not represent them on this issue, nor does the Pensions Board. The industrial relations bodies are precluded from dealing with them under current legislation and the companies will not deal with them. The trustees are on record as telling them to go to the unions because they have all the strength while the unions are telling them to talk to the trustees. This group of people, numbering over 5,000, does not have a voice in the process. To add insult to injury, their colleagues in the UK and US who worked with them under the flag of Aer Lingus will have all of their pension rights secured but this group will not.

The deferred pensioners have made the point that this provision in the Bill is unprecedented in that it would allow two solvent companies to wind up their defined benefit pension scheme without fulfilling the minimum funding standard. In effect, it replicates a wind-up which is precisely what the Minister claims he is trying to exclude. That is a real difficulty. People also object to the fact that this legislation is being rushed through just before the recess, as happened with the Social Welfare Bill before Christmas which also impacted on peoples' pensions, despite the fact that problems with this scheme have been well known for some considerable time.

The Minister made a number of errors this morning in his opening statement. First, he said that the scheme was now closed to new entrants which is not strictly true. What has happened is that the employers are refusing to allow new entrants to the scheme. There is nothing to preclude that from happening other than the fact that the employers have chosen not to allow it. More importantly, the Minister has said at every stage of the debate that the problems with the scheme are primarily the fault of the workers.

I did not say that.

He said that the pension contributions were insufficient, which is incorrect. It is certainly not correct from the workers' point of view. The pension contributions of the staff were set by an actuary and were reviewed every three to five years to make sure that they would meet the benefits required under the rules of the scheme. Pensioners paid into the scheme for a period of 45 years. Over the course of that time, the contribution structure for the pensioners increased seven times for those on an uncoordinated pension. What happened during the same period? The employers' contribution decreased three times. In addition, the actuarial report was based on certain assumptions with regard to the so-called early leavers, namely, the deferred group. These were people who were enticed out of their jobs on the solid promise of an expected standard of living in their retirement years. They had a legitimate expectation and in a recent court case relating to IBM in Britain, it was stated that it is a reasonable expectation which should be protected in law.

The major drawback with the scheme was that it never provided for the massive staff reductions which took place over the years. When the actuary and the trustees became aware of this problem they pointed out to the employers that if they continued with their massive staff reductions, significant stress would be placed on the scheme. All of the issues were well flagged. The attitude of the employers was that they did not really care because they were going to establish their scheme in any event. The problem with the legislation before us is that it lets those responsible off the hook. The Bill does not contain any reference to an employer covenant. Instead, the victims, namely, those whose pensions are going to be affected as a result of poor management decisions, are going to be obliged to pay the price.

One of the other reasons there is a problem with the scheme relates to a number of ill-judged and ill-timed decisions taken by the trustees of the scheme. The Minister is aware that the scheme sold assets of €1.4 billion in 2001 as part of a freeze and de-risk strategy. This equated to utter lunacy on one level, particularly when one unravels what the trustees actually did. The trustees took the decision to sell a number of assets which were the property of the members of the pension scheme. In other words, it sold a prime commercial portfolio and shareholdings and reinvested the moneys they obtained in sovereign bonds. The latter under-performed massively in the context of the yields achieved. The trustees decided to divest themselves of the assets to which I refer at a time when commercial property prices were beginning to rise. As a result, one of six properties sold by the IASS to IPUT for €58 million was valued at €67 million by the end of last year. This means that the assets of our pension scheme were literally given away for no valid reason. The rent roll on the property in question was €6.5 million annually. The proceeds of the transaction to which I refer were invested in bonds which under-performed.

Even more sinister, another property - that formerly owned by IASS, located across the road in Molesworth Street adjacent to the offices of Jones Lang LaSalle and currently home to the Passport Office - was purchased by IPUT. That property is subject to a planning application which includes the Passport Office and the offices of Jones Lang LaSalle. The people who are the potential beneficiaries of the sale were also the advisers to the IASS at the time the sale took place. The decisions to which I refer have impacted upon the pensioners involved and the legislation before us penalises them rather than addressing the issues to which I refer.

The Minister has previously stated that he cannot interfere in the activities of a private company. The DAA is a fully public company and there is still a 25% public shareholding in Aer Lingus. What is happening here is a case of double standards. It is ironic that soon after the Bill went through the Seanad, the Minister for Jobs, Enterprise and Innovation amended the relevant legislation as a result of concerns expressed with regard to the transfer of Forfás workers to various bodies. Those concerns related to the fact that the terms and conditions of the workers in question would not be sufficiently protected and that remuneration and non-remuneration aspects were not adequately covered. The Government is saying that the rights and pension of those public sector workers can be enshrined but that those of the members of the IASS, who historically operated as part of a public scheme, cannot.

On Committee Stage we will debate the fundamental problem that exists, namely, that the legislation exposes existing pensioners, deferred members and those paying into the scheme, overrides the limited protections that are currently in place and allows decisions to be made without their being consulted. In addition, those who previously made poor decisions - the employers and the trustees - will not be obliged to take responsibility for their actions. Instead, the Minister is choosing to penalise the members of the scheme. Section 34 of the Bill must be deleted.

I wish to focus my comments and add to what Deputy Clare Daly has been saying. I am particularly shocked by the position in which the deferred members find themselves. I do not understand how what currently exists could have been allowed to develop under any fair system of judgment or decision-making process. I can only conclude that the deferred members have been treated as they have because they are the weakest members of the pension scheme. The Minister will be aware that in this instance deferred pensions are being paid to people who, as Deputy Clare Daly pointed out, decided to take voluntary redundancy at a stage of their lives when it seemed suitable to do so. They got a deal which seemed fair at the time and were provided with advice by both of the companies involved to the effect that they would receive a lump sum, a small income stream and, on reaching the requisite age, a guaranteed pension. Apparently, a large amount of the latter is now going to be denied to them.

I have spoken to members of the pension scheme and some of the leaders of the action group about this matter. They are realistic in that they understand the reasons it may be necessary for them to take a cut, they are of the view that said cut is discriminatory in that it is greater and more damaging than those being visited upon others. Let us move away from the argument about cuts to pensions for a moment and concentrate on the case of the deferred members. As the Minister and everyone else knows, those with deferred pensions are weakest of all those involved. There is nothing they can do because they cannot withdraw their labour anymore. They walked out into a limbo with a guarantee that was based on a certain amount of goodwill and they now feel totally and utterly betrayed because they are the weak link in this tripartite pension scheme. The Minister should reconsider his position. He should not stand aloof and say that it is not his place to interfere in the business of a private company, namely, Aer Lingus, in circumstances where employees or former employees of the DAA are involved. The Minister has brought forward a Bill which specifically changes the terms upon which the latter obtained their pensions. In my opinion, he cannot have it both ways.

The position is even worse than I have described. Wherever the deferred members turn, they hit a brick wall. The trade unions have told them to go and jump in a lake because they cannot represent them because they are no longer employees. They have not received a positive response from the Pensions Ombudsman, the Pensions Authority or the Labour Court. Aer Lingus and the DAA have behaved in an unscrupulous and disgraceful manner and left them in a very difficult position whereby they could face near penury. They are completely disillusioned as a result of the actions of the expert panel and the trustees. The Departments of Social Protection and Transport, Tourism and Sport are washing their hands of the matter and are refusing to accept - in any meaningful way - representations.

What is proposed here is a very cynical manoeuvre. The Minister should think again and actively intervene. He must understand the feeling of real injustice among the members of the pension scheme. Let us consider what is happening to them. They have stated that 50% to 60% of their benefits could be removed as a result of the enactment of the Bill. I accept that it is a once-off situation but they also state that their employer can move them from one pension scheme to another. In that way they will not realise the benefits that will accrue to current members. This is because they will be moved into a pension scheme that has no value in terms of increasing in the future or the others who are currently there will be moved into another pension scheme or will be the beneficiaries of a separate scheme, which will give them a huge advantage.

They are looking for only one thing. They are looking for fair play and a certain degree of honour, which they were promised in the first place. I simply cannot understand it. It prompts a serious question which all employees in the private and public sectors must now face: how can anyone take voluntary redundancy in the future if the agreement is not worth the paper on which it is written? The people concerned accepted a voluntary redundancy deal. They gave up not only their employment but also their prospects of future employment on this basis. They now find that the requirements of their employers are so ruthlessly implemented that they can no longer depend on them to honour the original agreement, although there may be a case for a reduction or dilution.

Let us compare their position with that of those who are continuing in the same pensions scheme. The Act breaks the honourable link that was in place. I appeal to the Minister to recognise this. Why is a difference being made between one and another, if not simply to kick them in the teeth because they are vulnerable? It seems the company is taking on the people concerned because they have absolutely no way of fighting back. What will happen, as sure as night follows day, is that this issue will end up in the courts. The Minister will be aware that an action group has been set up by the people concerned who are desperate and frustrated and they will take him and others to the courts. This is unnecessary; it is discriminatory. I am unsure of what the merits of the case are, but certainly it is very unfair. Approximately 5,000 people are involved in the exercise, in other words, a large number feel unjustly treated. I appeal to the Minister to at least intervene or else repeal or delete section 34 which is the offensive part.

I am pleased to contribute to the debate. This is a good news day for Shannon, the mid-west and the wider region. I commend the Minister, Deputy Leo Varadkar, for bringing forward the legislation. I have always been of the opinion that it is impossible for a person to compete with his or her employer, but Shannon Airport was operating under the Dublin Airport Authority and effectively competing with its employer. My view has always been that this is impossible. It has now broken from these shackles. The fact that it is now independent and doing well is testament to the merits of making it independent.

The legislation is set out in a structured way. It provides for Shannon Group bringing together the Shannon Airport Authority and Shannon Development. This is being done in a structured way. It allows the land bank and buildings available to the Shannon Airport Authority to be used in a way that could bring about synergies. This is closely linked with national aviation policy, on which we are in consultative mode. I gather submissions are due to be made by early July. The policy will allow for an international aviation services centre and a centre for business aviation at Shannon Airport. It has a history, from leasing to repairs, and there are fantastic companies in the area. The fact that we intend to put in place an international aviation services centre and a centre for business aviation is welcome. No doubt these plans will find their way into the final report.

On passenger routes, Shannon Airport has come a tremendous distance in 18 months. Additional flights have been added recently. On transatlantic business, United Airlines operates a daily service from the airport to Chicago, with 88% additional capacity compared to last year. Delta Airlines operates a daily flight to New York, while US Airways operates a daily flight to Philadelphia and Air Transat a weekly flight to Toronto. Coupled with this business is a long-standing relationship with Aer Lingus which now operates daily flights to Boston and six weekly flights to New York. One sign of positivity is that these flights are now available all year round for the first time since 2009. There are nine new United Kingdom or European routes on which services are offered by Ryanair. Aer Lingus Regional operates a service on a new route to Bristol.

Let us consider the United Kingdom market. Shannon Airport has always been synonymous with Limerick city and when there are extra flights, it has a major impact on the entire mid-west region. In fact, it has been estimated that over 35% of the people who come from the United Kingdom spend time in Limerick. We hope this figure will increase. The corresponding figure for the European market is over 36%, which is fantastic. This shows the benefit Shannon Airport brings that in the short time since it became independent we have seen a significant increase in the number of airlines flying into and out of it, as well as an increase in the numbers of passengers. A terrific management structure is being put in place, which is most important. I am a firm believer in putting people with great experience into the right positions. Mr. Neil Pakey was manager of Liverpool John Lennon Airport. He has come to Shannon Airport and made it a great success in the relatively short time he has been with us - I hope he will be with us for a long time - under the stewardship of Ms Rose Hynes, chair of the board.

When I was reflecting on the matter, several points struck me. Recently a report was published by Professor Jim Deegan for the Shannon Airport marketing consultative committee. In it he put forward the case that Shannon Airport should be prioritised to be awarded the fifth freedom of the air. This relates to the freedom of airlines to fly in other countries' airspace. Shannon Airport already provides pre-clearance facilities. I call on the Government to support the calls for it to be given this status on the basis that it has pre-clearance facilities and is now independent.

It is an old-fashioned term, but there is a need for balanced regional development. Clearly, Shannon Airport provides a counter-pole to the eastern seaboard, in particular, Dublin. It is fair to say that in any objective assessment of Ireland there is too much of a concentration of the population in Dublin. To ensure a sustainable future for Ireland Inc., we need to provide a counter-pole along the western seaboard in terms of population, tourism and other industries. Shannon Airport is located centrally along the western seaboard. It provides an economic engine for the entire region in bringing people into the country and accessing export markets, which is very much to be welcomed and advocated.

This is well crafted and good legislation. One of the issues that has come up relates to pensioners, to whom reference was made. Several former employees of both organisations and people with deferred pensions have come to us.

They have asked how this legislation will impinge on their rights. This matter relates to section 18(4) of the Bill. Is there merit in the Minister considering how to accommodate these pensioners to ensure their rights are maintained and they receive equity of treatment? This issue is of major concern to them.

The Bill provides a new dawn for Shannon Airport and the region. The airport must continue to thrive in its core activity, that being passenger transport. It must continue to develop its aviation services in terms of aircraft and training. Will the Minister also consider awarding the airport the fifth right?

(Interruptions).

I commend the Bill to the House. This is a good news day for Limerick, Shannon Airport and the mid-west. It is only the start. In the years to come, this will prove to be significant and beneficial for Ireland Inc., as it provides the airport with the opportunity to become a counterpart to the eastern side of the country in terms of balanced regional development.

I apologise for interrupting Deputy O'Donnell and agree with his points on balanced regional development.

The Bill concerns itself with the reorganisation and restructuring of Shannon and Cork airports. It makes provisions for pension schemes and the commercial relationships between the airports and State agencies. However, it also represents a determined intent to transform, modernise and prepare our airports for commercial interaction in what has become an incredibly competitive industry. Across the Continent, airlines are engaged in what can only be described as intense and sometimes vicious competition on particular routes and in particular regions. Due to the European recession, that competition has resulted in difficult business decisions being made, the results of which are well known domestically. Unfortunately, airports like Sligo and Galway no longer provide commercial services, some airlines have gone out of business and routes have been discontinued. For this reason, it is all the more important that the Government should step in during hard economic times and protect vital regional infrastructure. This should not be done stupidly or at any cost by pouring money into chronic loss-making entities, but by investing in regional airports with an understanding of their critical nature to regional economies and of the social benefits gained from direct air services.

The impact of a regional airport goes well beyond the direct effect of an airport's actual operation on its immediate location. Accessibility through direct air services is important to regional business growth and consumers. If we are to achieve appreciable growth rates in the coming years, we must continue investing in an efficient transport system, one that allows us to take full advantage of the Internal Market and globalised trade. This is what the Bill is concerned with.

It has not been easy for my regional airport in Waterford and the past few years have been a struggle for everyone involved, but it is fair to say that the work and patience displayed by the Minister and departmental officials are paying off. Like others, I have made the case in recent years that the Government's financial investment in Waterford Regional Airport would eventually produce an economic dividend for the region. The figures supplied to me in respect of the first five months of this year strongly indicate this is the case. I hope they represent a turning point after a number of difficult years.

Flybe operates two commercial routes to the UK from Waterford - one to Birmingham and the other to Manchester. There was an increase of 74% in passenger traffic on those two routes in the first five months of this year compared with the same period in 2013, amounting to more than 12,000 inbound and outbound flights. The take-up of seats or passenger load figures continues to increase. The increase in the Birmingham service is 70% plus and the newer Manchester route is improving steadily, with an increase of more than 60%. Some of the factors in these substantial increases are good marketing, an uplift in the UK economy and, perhaps most importantly, a determination on the part of the Minister, the Department, the airport's management and everyone involved to make this work. It is working. Slowly but surely, Waterford is proving business can be found if an airport sticks at it.

This is not to say that there are no unresolved issues. Money continues to be raised on the ground to supplement a Government investment that I hope will continue. The planning process for the runway extension is nearing completion and an arbitration process will proceed within the coming months, all of which should amount to an additional 200-250 m of runway. Talks are continuing with commercial operators regarding the restoration of the Waterford-London route. We are hopeful that the figures for the first five months of this year will help in that regard. It is also fair to say that the region's local authorities have helped a great deal by making the airport a priority and stepping up their involvement.

This Bill and primary and secondary legislation like it are vital to economic recovery. For my region, they are fundamental. Thankfully, the Department and the Minister seem to share this view and are actively working on that basis. I am not going to bash the previous Administration but, for the life of me, I could never understand why barely a penny was invested in Waterford Regional Airport in the years when we had money to spend on infrastructure. There were plenty of announcements by sitting Ministers, but nothing happened. This Government has initiated a process with the airport management that is contingent on money being raised locally. I hope it will lead to additional business. The key factor is that the Government has the imagination to see the possibilities and to invest in critical infrastructure when times are tough. The figures I have cited should go some way towards reassuring the people central to these decisions that a focused regional airport strategy can work.

When the National Treasury Management Agency Bill was before the House a couple of weeks ago, I referred to the Ireland Strategic Investment Fund, ISIF, that formed part of that legislation. The fund consists of €6.8 billion of public money, which it is hoped will link with private funds in commercial investments around the country. The weakness in the fund is that no consideration for a balanced regional spread has been included in the legislation. Almost all of the money could conceivably end up where it has exclusively gone for the past 20 years, namely, Dublin, Cork and Galway. I hope that the Bill will be amended in the coming weeks to include references to the balanced regional development to which Deputy O'Donnell alluded and to have the ISIF administered on that basis.

That aside, our continued targeted investment in regional airports achieves the same thing to a great extent because the allocation of foreign direct investment is lopsided and goes, for the most part, to three particular locations. It is important that we stay the course when it comes to Shannon, Cork, Waterford and the other regional airports and hopefully this legislation will achieve the same thing and make investments in these regional airports more important than ever for the obvious reasons, namely, attracting new inward investment from outside the area and especially overseas companies, retaining existing companies in the area, securing the expansion of existing companies in the face of competition with other countries, promoting the export success of companies located in the area by providing passenger and freight links to key markets, adding to the quality of life of citizens by enabling ease of travel, and attract inbound tourism to any area, generating employment in the tourism industry.

I appreciate the work the Minister and his Department have put into the Bill and hope they will consider what I have said. The 74% increase in passenger numbers at Waterford Regional Airport this year, albeit from a very small base, is not only significant for my constituency but it should be significant for all regional airports and for everyone working in and associated with them. It is also significant from a policy perspective. When a recession bites it is even more important that a government spends its money wisely. I hope the 74% increase in passenger numbers at Waterford Regional Airport demonstrates that additional CAPEX and OPEX funding for Waterford and the other regional airports is smart business and is a positive for the country's economy as a whole.

The next speaker is Deputy Thomas Pringle who is sharing his time with Deputy Ruth Coppinger.

That is correct.

The Deputies will have ten minutes each. Is that agreed? Agreed.

I welcome the opportunity to contribute to this debate on the State Airports (Shannon Group) Bill 2014. It has been generally welcomed across the House and I share in that welcome. It sets up a new commercial semi-State company, Shannon Group plc., which combines the Shannon Airport Authority and Shannon Development and it should act as a lynchpin in terms of the future development of the mid-west region by allowing the airport to concentrate on its own business and the lands available around the airport to develop infrastructure that can support the entire region, and that is very welcome.

There is, however, one significant blemish on Shannon Airport - a matter the Government should have moved to deal with - the use of Shannon Airport by US troops and our facilitation of an illegal war in Iraq and facilitation of the United States in projecting its military power around the world by allowing Shannon Airport to be used by US forces as they travel to the Middle East to impose their imperial will on the people there. We should have addressed that, as should this Bill. I hope Shannon Group plc will make a strategic decision to move away from and end the practice of allowing US troops to come through Shannon Airport. As this company starts off and sets its corporate goals and policy to develop the region, the perception of such practice at the airport will certainly hinder its development. The programme for Government commits that, "We will enforce the prohibition on the use of Irish air space, airports and related facilities for purposes not in line with the dictates of international law". We can see how that has come to be developed into the continued support for the use of Shannon Airport by the US military, turning a blind eye to rendition flights through Shannon with little emphasis being placed on the fact that armed military aircraft have come through Shannon Airport also. It augurs very poorly for the future development of the airport. As the airport looks to its future development, it should not continue this business as a practice into the future. I hope it will decide to end it. Given that the Government did not have the guts to do it, perhaps the new company will realise the commercial value in presenting a corporate image of itself that presents Ireland as a country that is good to visit and good to do business in and not associate it with illegal wars around the globe. Perhaps the group will decide to do this.

Aside from the use of Shannon Airport by the military, this legislation has the potential, as has been said by other Members, to counterbalance the unbalanced development in the State in terms of regional development. We can see the development of the east coast taking place as Government policy has focused on that region to the detriment of the rest of the country. This legislation should provide the midwest with an opportunity to counterbalance that development by developing the wider region. I note from the submissions made to an Oireachtas joint committee by Galway, Shannon and Limerick chambers of commerce that the legislation has a wider reach than the Shannon and Clare areas and the potential it provides for development within the midwest is vital. I hope the airport will be able to grow passenger numbers and not be subservient, as it has been in the past, to Dublin Airport and grow the region on that basis. That is an important aspect of the Bill and an important aspect of the creation of the new company. It builds from the establishment of the Shannon Airport Authority 18 months ago, which I note has seen a slight increase in passenger numbers this year. I wonder if these passenger numbers include the American military or are commercial passengers. If the latter is the case, that is welcome and it is good to see an increase in passenger number which shows, even at this early stage, that the possibility of having an independent airport authority has allowed Shannon Airport to start to develop its business for the benefit of the entire region.

I share some of the concerns other Members expressed about the potential impact on pensioners in that it appears the group can decide to move existing and deferred pensioners on to a new scheme that might undermine their terms and conditions and the amount of pension benefit they get. The Minister should examine that matter to ensure they are protected and be satisfied they can be protected under the legislation.

The legislation offers an opportunity for the mid-west and Shannon Airport to develop further but the ongoing facilitation of the use of Shannon Airport by the American military is a blemish on the card of Shannon Group plc. I hope the company will decide to end that business when the Bill is passed and they have control over it.

I welcome the opportunity to speak about the Bill. From my viewpoint, representing the mid-western region, the Bill is long overdue. The reason the Bill is important will have been clearly visible to anyone who has been using Shannon Airport in recent years. The carpark at the airport, which is a good indicator of how an airport is performing, was getting increasingly easier to access, which indicates that fewer people were using it. The separation of Shannon Airport from the Dublin Airport Authority was initiated under the Government as a measure designed to prevent the airport from falling into further decline. In the period since the Booz report was published, the discussions that took place on foot of it in government and at the Oireachtas Joint Committee on Transport and Communications proved that the recommendations brought forward and the legislation before us was the right thing to do.

It was a little disappointing to hear some Opposition spokespersons earlier bemoan the introduction of the Bill as a little late. The simple reality is that they had 14 years to deliver the Bill and did not do so and on their watch, especially in the years from 2007 onwards, the decline in Shannon Airport was very visible.

Shannon Airport has a wider impact than on County Clare alone. It is on this basis that I speak. Shannon Airport has its foundations in my constituency in the port town of Foynes on the banks of the Shannon Estuary. It was there the first commercial flight from Ireland to North America took off in 1939. It was a Pan American Yankee Clipper Flying Boat which flew to North America via Newfoundland and connected for the first time the west of Ireland and the Shannon Estuary to North America. The mid-western region has since had a strong affinity with the aviation industry and North American regions serviced out of Foynes and Rynanna, now known as Shannon Airport. I am delighted that the Minister, Deputy Leo Varadkar, and others will be in the port of Foynes in the coming weeks to celebrate the 75th anniversary of that historic event, which led, as we know, to the birth of Shannon Airport, now an independent Shannon Airport which has seen passenger numbers increase following severe declines, including from €3.6 million at its peak to €1.4 million at the time this intervention was made.

There is another important Limerick dimension to this, namely, the land bank which the new Shannon Group will own. From my point of view, there is an opportunity now for the Government and the new Shannon Group to work towards the provision of balanced regional development. Shannon Development owns a considerable land bank in my county. For example, in Limerick it owns 250 acres in Plassey, 300 acres in Raheen, 220 acres in Askeaton and 15 acres in both Kilmallock and Newcastle West. Under the stewardship of the very able chairperson, Ms Rose Hynes and chief executive officer, Mr. Neil Pakey, who I believe have transformed the airport, there is a willingness now to transform the industrial remit of the new Shannon Group company.

The Government has in the past few years focused on aviation and aviation services as one of the stimuli that will reverse the neglect to which the mid-western region was subjected for many years under the previous Administration. This is due in no small way to the fact that the Minister for Finance happens to be a native of the Foynes area. This focus, together with the designation of the tier 1 port at Foynes, the unification of the Limerick local authorities, the transfer of Shannon Development's role to the new Shannon Group, the establishment of the LEOs, with the educational infrastructure such as Limerick Institute of Technology, LIT, the University of Limerick and Mary Immaculate College, puts the region as a whole in a much stronger position than it was in at the time this Government took office. If one needed any clear indication of what is happening in the region one need only look to the skyline in the Limerick city area to see that the cranes have returned. They were sorely missed.

I welcome the Bill. I believe some of those who are opposing it do so for opposition's sake, which is their job. It is a pity they do not see the positives in it. Before he left the Chamber Deputy Thomas Pringle asked if the transformation in Shannon was due to real people. I can tell him that the transformation in Shannon is due to real people, real passengers, real flights and real connections being re-established. An important element of that is the removal of the over-reliance on one airline. I believe the new board, CEO and chairperson have been every effective in terms of building a relationship between the airport, which is the most westerly airport on the island of Ireland and, perhaps, in the European Union, and further afield.

The Minister previously announced funding for the N18, Limerick to Galway Road. Now that Shannon Airport has the independence it needs to drive the economy of the mid western region, there is an opportunity for the Minister to look at how Shannon Airport and the Shannon Foynes Port Company, could achieve more together. I have raised in the House on several occasions with the Minister the need for connectivity of the port of Foynes, which is across the river from Shannon Airport, to the remainder of the national road and rail networks. It is a key part the national infrastructure to which the Department of Transport, Tourism and Sport should turn its attention. Everybody is aware of the current condition of the road network. It is in dire need of upgrade. That being said, the connection being achieved between Galway and Limerick through Shannon and Ennis will definitely provide something of a counterbalance for the west-mid-west region to the burgeoning east and south regions. There are those who believe that Shannon Airport is getting an unfair advantage. Historically, it has been starved of inward investment and Government attention or any real reform that would have allowed it to achieve its full potential as Ireland's transatlantic hub.

There are opportunities arising from this. I would like to see the Joint Committee on Jobs, Enterprise and Innovation engaging on a much more regular basis with the new Shannon Group when established. In regard to the land bank across the mid-west, particularly in my own county of Limerick, it is important that we do not, in the words of a former Member of this House, have the rabbits running around the land as much as running around the runway. The person to whom those words could be ascribed would himself be smiling today in that it is passengers boarding planes in much larger numbers than was the case up to the point when this Government came to office rather than rabbits that are running around the runway at Shannon Airport. I have no doubt that that growth will continue. This is a good day for the mid-west and Shannon. Perhaps at some point in the future - this may be a little controversial - consideration could be given to the name of the airport reflecting its nearest city. That being said, this is historic legislation that gives one of Ireland's most important pieces of infrastructure its independence and lets it determine its own future, which I wholeheartedly support. I wish the airport and everybody associated with the very best.

I, too, welcome the Bill. While it is predominantly about the independence of Shannon Airport I know having heard the Minister's contribution earlier and having read it that it makes reference to Cork Airport and moves towards its independence. Many of the points made by Deputy Patrick O'Donovan also apply to Cork. Of significant importance has been the focus of the Government on regional development. Previous Governments spent a great deal of time and effort on decentralisation, gateway towns and so on and so forth. As soon as that process commenced, backbench Fianna Fáil Deputies stepped up crying, "My town, my village", which I suppose is understandable.

The reality for a small country like Ireland that is dependent on its capital city is that to have proper regional development one must first break off the bigger regions and cities. It is interesting to note the following in relation to the two other countries that like Ireland were in programmes. Almost half of the population of Greece lives in Athens city and more than 40% of Portugal's population lives in Lisbon. In terms of the European Union, Dublin which is home to almost 30% of Ireland's population, comes third in this regard. What always fascinates me is that when people talk about Cork city they are focused on the boundary and when they speak about Dublin they often include four or five other counties. Nonetheless in the Dublin region there is a disproportionate population when compared with the remainder of the country.

Everybody accepts that rebooting and driving the economy must start in the capital city. However, what we have started to see happen is that the other engines such as Cork city, the mid-west region and Galway are also starting to attract significant investment. It is to be welcomed that cities such as Cork, Galway and, to a slightly lesser extent, Limerick, in addition to the mid-west, are following closely the growth and job creation evident in Dublin. To that end, I compliment the Minister. The spine of roads between Cork and Limerick and also between Limerick and Galway represents the next stage of infrastructural development in the country, as the Minister will acknowledge.

Cork Airport, in particular, has always played a very important role in the economy. Cork people, including politicians, are more than aware of its importance. However, I still feel the potential for co-operation between airports is enormous. When I was Lord Mayor of Cork, a delegation from the west coast of the United States flew to Shannon Airport from where they travelled to Cork city centre to meet me and a certain group. They complimented us immediately on having a transatlantic airport so accessible to Cork city. They were talking about Shannon Airport. They had travelled for two and a half hours to an airport in the state of California. We know from data collected on many flights leaving or entering Shannon Airport on transatlantic routes that approximately 50% – in some cases, more – of the passengers are travelling either to or from destinations in County Cork. Perhaps the mistake we have made politically is to posit the existence of an either-or scenario. Certainly, airports have the potential between them to develop transatlantic flight status.

There is a view - it is being addressed to a certain extent in the Bill - that Cork remains in the shadow of Dublin. The question of the title, Dublin Airport Authority, is being addressed. It always gives the impression that Cork is a junior partner in the context of activities in Dublin. As the Minister acknowledged, we must not forget that, by some distance, the second biggest and busiest airport in the country is Cork Airport. Cork is the second largest centre for large multinationals in the region. While those who visit Cork infrequently are happy to do so via Shannon Airport, Dublin Airport or, perhaps, London, the reality is that many executives and others who work in some of these large companies, both international and Irish, have for a long time requested and required a transatlantic option from Cork Airport. I fully accept that the decision is a commercial one for the airlines, but there is a strong belief that until Cork Airport is completely independent, it will not be able to offer the same negotiating terms — competitive terms — as some of the other airports. There is no ambition in Cork to replace routes from Shannon Airport.

Let me consider the issue of the debts of all airports. Terminals were developed in different economic circumstances, certainly in Dublin and Cork. From my experience of having flown from terminals in both cities, they make travel extremely pleasant. That said, one would have to agree that, given their scale, the debt that hangs over both of them seems excessive. However, the money has been spent and the importance of airports to an island economy cannot be overestimated in any way.

Given what is happening in France and Belgium, I ask the Minister to point out to his colleagues in the other ministries for transport around Europe, when he gets a chance to do so, that a dispute essentially about what the French Government will charge airlines for flying through its airspace, bringing ordinary citizens of countries all over Europe to their knees, is totally unacceptable. During the years the French, in particular, have believed it is totally appropriate to comment on issues in Ireland and how we conduct ourselves, perhaps in taxation matters. It is appropriate, therefore, that we be able to comment on how the French conduct their industrial relations and this affects other member states. This issue will have to be addressed at the highest level.

I do not expect the Minister to comment on my next point. We have a magnificent airline. Not everybody loves Ryanair, but we should realise it has driven down the cost of air travel all over Europe. Many of its flights have been grounded and many ordinary people who work very hard, very many for 50 weeks a year, have had holidays and other travel arrangements significantly affected. The Minister, given the State’s relationship with the airline industry generally, is in a stronger position than most to make this point to his colleagues in both Belgium and France.

All airports are vital to us in the Republic. I welcome what the Minister has done for Shannon Airport. We are watching closely, enthusiastically and optimistically in the southern capital in the hope Cork Airport can continue to join Shannon, Dublin and other airports in being a driver of economic growth, bringing visitors to our beautiful country and allowing people to travel abroad to promote their businesses and the country for many generations to come.

I am sharing my time with Deputy Róisín Shortall.

I am thankful to have the opportunity to speak about the Bill. Like many Deputies and the Minister, I have received many letters and e-mails specifically on the implications of section 34 on the Irish aviation (general employees) superannuation scheme. Delegations have also approached me about the issue. There is grave concern and anxiety among many of my constituents about the effects of this section, particularly on the deferred members of the superannuation scheme.

I welcome the majority of provisions included in the Bill which create Shannon Group. This will involve creating an umbrella group with responsibility for Shannon Airport, the lands around it and the companies operating there. This follows the report of the Shannon aviation business development task force of November 2012 and the separation of the Shannon and Dublin airport authorities. People who represent Dublin have no problem with Cork Airport also receiving its independence or being included in any name. The three international airports and also the airport at Knock are vital for the future development of the country.

Section 6 permits the creation of the new Shannon Group and section 10 outlines the functions. It has to be said, of course, that Shannon Airport and the mid-west generally have suffered in the economic crash since 2008, with a huge decline in passenger numbers at the airport itself. Thankfully, I note that its most recent annual report indicates a slight recovery, with an increase in passenger numbers. Hopefully, the provisions of the Bill before us will build on this improvement.

I also note that some restructuring has already taken place at Shannon, with the Shannon Airport Authority plc having taken over the management in the last year and a half. The chairperson, Ms Rose Hynes, has indicated in the 2013 annual report that there is a positive future outlook for Shannon Airport based on the improvements that have taken place in passenger numbers and in business at the airport recently.

An over-reliance on military stopovers in the past ten or 12 years provided short-term gains but it was unsustainable. We remember the US military stopovers and also remember constantly questioning the Taoiseach, Mr. Ahern, about these matters when he was in the seat opposite. Ireland's role in US military stopovers at Shannon Airport was, on balance, damaging to the reputation of our country. Over the years, I have strongly supported the distinguished activist, Mr. Roger Cole, and the Peace and Neutrality Alliance organisation in their brave stand against the militarisation of Shannon Airport.

The Shannon Free Airport Development Company, SFADCO, was a very successful and innovative company in terms of the economic development of the country. I note the new CEO, Mr. Neil Pakey, is developing new structures and improving the management of Shannon Airport and its associated companies. There has been a recent increase in the number of routes from Shannon Airport, including the provision of a range of new routes by Ryanair, and Aer Lingus is also extending its services from Shannon Airport, with new routes to Bristol and Malaga and increases in the Manchester and Birmingham routes. United Airways is also planning to increase capacity.

Shannon Airport was always a standard bearer in the avionics and aviation engineering area, as well as in aircraft leasing and financing. Again, there is huge potential to develop these industries further in parallel with developments in the Dublin Airport region. Therefore, I welcome Part 8, which provides for the final step in giving effect to the Article XI (Alternative A) of the Aircraft Protocol to the Cape Town Convention, as the Minister told us. This means we will now replicate the 60-day waiting period for creditors which is the general modus operandi in the United States.

I particularly welcome the inclusion of the "dazzling" offence in section 44. The Minister said there were 281 reports of lasers being shone at aircraft in 2013, with 60% of these taking place in Irish airspace. As transport spokesperson for the Labour Party, I remember this was a complaint we received in the vicinity of Dublin Airport on a number of occasions. It is a very serious crime and a potential disaster for crews and passengers, so it is good it is included here at long last. In addition, I note traffic management powers have been given to the airports, and these are also long overdue.

Part 9 contains amendments to update laws concerning tour operators. However, the Minister seemed to be saying that we are not able to defend the 1982 Act and, in other words, EU-based travel operators can come here and operate very freely without licence, based on the reasoned opinion the Minister received from Europe. In his response, the Minister might indicate how Irish customers can be protected in regard to foreign travel companies and foreign airlines, which are so extensively used here.

I am very concerned about the contents of the Bill which relate to the IASS. The new section 32 of the Air Navigation and Transport (Amendment) Act 1998, as amended, seems to give large powers to trustees and companies and, at the same time, remove powers from members and deferred members. Deferred members of the IASS are particularly concerned about this provision, as the Minister knows. I understand there are close to 15,000 people involved, with approximately a third being active current members, a third being pensioners and a third being deferred pensioners. The Minister told us earlier that 69% of the members work or worked for Aer Lingus, 26% for the DAA-SAA and 5% for SR Technics.

The current pension concerns relate directly to the trauma suffered by workers at SR Technics when it closed a number of years ago. The closure was totally unnecessary and stupid. It was carried out by Sheik Mohammed Bin Maktoum of the United Arab Emirates, who simply wanted to move the large aviation engineering centre at Dublin and Zurich to the Middle East as a successor industry for a time when the oil begins to run out. As a result, many of our workers lost their jobs and had to retrain, and they are now desperately concerned about their pension entitlements.

In March this year the IASS scheme had a maximum funding standard deficit of €769 million. The impact of the Pensions Act 1990 meant that residual funds available for active and deferred members would be only 5% of the expected benefits. There has also been the recent controversy in regard to the Aer Lingus CEO, Mr. Mueller. I welcomed the Government position, which followed my own call in regard to the approval of a large pay and bonus package for the Aer Lingus CEO at a time when its pension fund continues to be in crisis.

There are grave concerns at the treatment of the IASS fund in the event of full privatisation. The Minister might give his view as to whether workers who gave 30 to 40 years service in the semi-States are now being unfairly targeted. Does the present fund meet pension regulations standards? What solution is the Minister coming forward with to protect the fund?

I note the recently published report of the expert panel on the resolution of the industrial relations issues in the IASS dispute makes key recommendations. The expert panel based those recommendations on earlier opinions of the Labour Court but, significantly, it has recommended increased contributions by both Aer Lingus and the DAA to the IASS pension fund. In the case of Aer Lingus, the panel has recommended that it would put in a total of €146.7 million for active employees and, in the case of the DAA, the panel recommends an increased contribution of €57.3 million and a further €850,000 from the DAA to deal with the resolution and wind-up of the Aer Rianta supplemental superannuation scheme, ARSSS. Significantly, the panel's report mentions the situation regarding deferred members. The report notes that meetings took place and recommends that the companies should amend the manner in which funding for their former staff who are deferred members of the IASS is to be made available so as to alleviate as much of the impact of the IASS trustee proposal as is possible.

The Minister maintained earlier today that section 34 was designed to facilitate in a pragmatic manner the implementation of the expert panel's report, and he also said he would amend some of the provisions of section 34. However, he continues to support new pension scheme provision by the DAA and SAA which he says will not replicate the so-called inflexibilities of the IASS. To many of my constituents, this just reinforces the grave and ongoing concern among deferred pensioners, especially about the future of their pension entitlements and the lack of any consultation with them on any future pension changes, which section 34 seems to copperfasten. The question is why the Minister has come forward with section 34. He said it was to facilitate the response of the expert panel but what it has done is create huge anxiety and concern among people who have given lengthy service to our airline industry in Dublin and who now feel desperately threatened.

The Minister should withdraw section 34. Given a failure to do this, the Bill has to be opposed, despite its positive aspects for Shannon Airport and other areas of our aviation administration. I ask the Minister to rethink and, in his response, indicate clearly how the mess in this area can be cleared up. He is the responsible Minister.

I thank Deputy Thomas P. Broughan for allowing me to share time.

I want to confine my comments to what was originally section 33 of this legislation in regard to the pension provision of the IASS. I make the point that it is very unsatisfactory to deal with such a significant issue in the context of a Bill which is designed to address something entirely different in regard to developments in the Shannon area. While I am not going to comment on that, in general terms, those proposals are to be welcomed.

It was wrong to include such a provision in this legislation - originally in section 33 and now in section 34 - because it means that it has not received adequate attention or consideration. When the Bill first appeared, the explanatory memorandum stated that section 33 provided for amendments to the existing superannuation provisions governing the State airport authorities and also facilitated changes to the Irish Airlines (General Employees) Superannuation Scheme, IASS. It does not give any idea regarding the provisions of that section. I think this is misleading and indicates that it was a mistake to include it in this legislation. Equally, the Bill digest produced by the Oireachtas Library and Research Service includes virtually nothing on these provisions. When I queried that, the view was taken that there is nothing new in this but this is not the case.

This legislation has very significant implications for a very large number of people, particularly those living on the north side of Dublin, many of whom live in the Minister's constituency. Those most affected are the 5,000 or so deferred pensioners from the IASS. These people have been particularly badly treated over the years. They were very much encouraged and in many cases pushed to leave what were very secure jobs they held for many years in the national airline and Aer Rianta. The Government of the day regarded them as surplus to requirements. In order to slim down Aer Rianta and the national airline, they were enticed and in many cases pushed to leave. Life became very difficult for many of those people and the squeeze was put on them to leave the companies in a number of attempts to reduce the workforce.

When they agreed to accept offers made to them, those offers were very serious offers that were in writing. All of the people received one of these letters of offer which set out their entitlements. There is a very strong case for the view that these letters of offer constitute a very clear legal contract between the individuals and the company. Details and guarantees were given that when these people reached the retirement age of 65 years, they would have a very specific and clearly defined pension entitlement. It now seems that a very definite attempt is being made to withdraw the guarantees that were given and to renege on the agreements that had been reached in good faith with the people concerned from the two State companies.

We know that deferred pensioners are in a very difficult situation in so far as they are not entitled to any kind of serious representation or consultation. This is a major problem. They have been overlooked to a large extent by the representative bodies. Of course, we know that deferred members are not allowed to have union representation and are not represented by the Pensions Ombudsman or the Pensions Board. The Ministers for Transport, Tourism and Sport and Social Protection are leaving it all at arm's length and saying that it has nothing to do them and that these are semi-State companies. If that view is taken and followed through on, it would be fine but it does have something to do with the Minister for Transport, Tourism and Sport when he is prepared to introduce legislation to seriously curtail the entitlements people understood they had. He is entering into it and playing a part in the very basic legislation that underpins what deferred members believed was a right they had.

This legislation seeks to remove members from the scheme and over-ride what everybody understood were the existing rules. An attempt is being made to do that without a single safeguard for the members of the IASS. I think this is extraordinary. It seems to be unprecedented in law and is impossible to defend. It gives very wide-ranging powers to employers to transfer members to a new scheme without any consultation. In particular, it gives very wide-ranging powers to the trustees to unilaterally make amendments to provide for the cessation of benefits and contributions by all members and their employers. We know that under the law as it stood this was not possible. It seems that under the provisions of this legislation, the employers on one occasion only can direct that any one or more of the current or former employees must transfer to a replacement scheme. The amount to be transferred will be determined by the trustee on the advice of the actuary. All of the powers are with the trustees and employers and scant regard has been paid to the entitlements or rights of the deferred members.

This legislation effectively allows two solvent companies to wind up a defined benefit scheme without fulfilling the minimum funding standard as required by the Pensions Act. Allowing Aer Lingus and the Dublin Airport Authority to transfer members into a new scheme without preserving their defined benefit for past service effectively replicates a wind up. I know the Minister has said in the Seanad that it is not a wind-up because if it was the equivalent of a wind-up, there would be nothing left. However, it is in effect the same as a wind up even though there is funding there. What it means is that the benefits and entitlements which all the members understood they had are now being extinguished. In effect, the Minister is proposing to give the powers that would be allowed in a wind-up.

It is very hard to understand why he decided to take this course of action. We were waiting for the report and deliberations of the expert panel. It has been a provocative move to include in this legislation relating to Shannon a provision that has such far-reaching implications for so many people in terms of their income in the future. It is an unacceptable approach to tackling a difficult issue. The fault lies with the actions of a number of the Minister's predecessors. Nonetheless, two State companies entered into legal agreements with their deferred pensioners. These agreements by law should stand. They do stand in the absence of the legislation proposed by the Minister to extinguish these rights. This is not an acceptable way to treat people and it is not acceptable for the Minister to say that these are commercial semi-State companies and that it has nothing to do with him. It does involve him. He has facilitated the ill-treatment of people through sponsoring this legislation. If nothing else, as a 25% shareholder in Aer Lingus, he also has a clear responsibility to ensure that the company of which he is a part and the Dublin Airport Authority treat people properly and with dignity and respect legal agreements that were reached in the past, however inconvenient they may be to him at this point.

I welcome the opportunity to contribute to the debate. It is a parochial issue for me. I was disappointed that Deputy Pringle criticised US military traffic through Shannon Airport. This business has passed through the airport since the Second World War and has generated significant revenue for the people of the region and I am supportive of this. The United States and the airport have developed a strong relationship over the years and it is important to acknowledge the contribution that has been made by that country.

Deputy Patrick O'Donovan, my good colleague from Limerick, suggested the airport should be rebranded as Limerick international airport. The Shannon brand is famous all over the world and changing the name would be a bad idea at this stage because this is a good brand. No matter where one goes, people have heard of Shannon Airport, and it is important to build on the brand, which has given so much to the region over the years.

I pay tribute to the Minister and his commitment to developing the aviation industry. The industry is worth €4.1 billion annually and it supports 26,000 direct jobs and 16,000 jobs in the supply chain. It is significantly important in generating economic activity, particularly given the fact we are an island nation. Having well connected air access is critical, particularly in boosting inward investment and tourism. For the first time in 20 years, the Minister has published a draft aviation policy and this will play a major role in ensuring we maximise the benefits of the industry and the role it can play in our economic recovery over the next number of years. He is presiding over the most radical overhaul of our airport infrastructure, which is in stark contrast to his predecessors. The indecision of the previous Government regarding the enactment of the State Airports Bill 2004 stymied the industry. This was particularly true in the case of Shannon Airport.

The establishment of Shannon Group will facilitate the development of core and non-core aviation business at the airport and adjacent to the airport, where there is a substantial land bank which can be utilised to generate more aviation-related activity. Setting the airport free from the control of the DAA has allowed for the rebirth of the innovative and enterprising spirit that marked the early years of its development and, in only 15 months, the transformation has been remarkable. An air of confidence has returned and the airport's international credibility has been restored. The pro-tourism budgetary measures introduced by this Government, especially the abolition of the travel tax, have contributed significantly to the airport's return to profitability. I commend both Ryanair and Aer Lingus on their positive response to the abolition of this tax. The airport's traffic has increased significantly over the past number of years and it returned to profit in its first year of independence, which is remarkable.

Historically, Shannon Airport had a strong share of the transatlantic market, but when the open skies policy was introduced it lost a significant share of the market. I am delighted that the new airport authority is working hard to win back this business. Last year transatlantic traffic increased by 18% and new routes to Chicago and Philadelphia were introduced. This growth will accelerate this year, given the return of year-round Aer Lingus services to New York and Boston using new narrow-bodied Boeing 757 aircraft. This will increase capacity and tourist numbers in the country, particularly from the east coast of the United States. United Airlines, in particular, and Delta Airlines should also be commended as they provide a year-round service, with United Airlines increasing the number of flights into the airport by 90 this year.

I was delighted to represent the Government in the absence of the Minister at the launch of the Boston service earlier this year and I have not witnessed such confidence at the airport among staff and tourists for a number of years. One will notice this confidence every morning in the airport. Airport management is also making significant strides in expanding its short-haul network. The addition of eight Ryanair routes was a major boost, and five of these routes - to Berlin, Fuerteventura, Krakow, Paris and Warsaw - will be retained this winter, which will double the airport's capacity during that season. Aer Lingus Regional has also bolstered its commitment to the airport, and a new route to Bristol will bring in 200,000 passengers before the end of the year.

I expect management to continue to build on the growth it achieved last year. There is a dynamic board under the chairman, Ms Rose Hynes, and we are fortunate to have secured the services of Mr. Neil Pakey as chief executive officer. He has huge experience, as he has transformed Liverpool and other airports. He is an asset to the Shannon Group. The most important people at the airport are the staff, because they are determined to make it succeed, and their efforts must be commended. What the management and staff have achieved in only one year as an independent airport is remarkable, especially when this is benchmarked against other European airports. According to Airports Council International, almost half of Europe's airports were loss-making last year, at a time when the numbers using air travel had increased. Airports in countries that have been hit hardest by the recession, such as Ireland, Greece, Portugal, Spain and Cyprus, are enjoying the greatest recovery in the aviation sector. I suspect the reason for the increased demand is that low-cost operators are using these countries. Ryanair is a model in this regard.

It is important, therefore, that Shannon Airport continues to expand its short-haul network and to pursue a two-airline strategy, which is important. Competition between Ryanair and Aer Lingus is the key to ensuring the airport does not become over-reliant on one airline, and I am pleased that one of the key proposals in the aviation policy is that the State will continue to pursue such a strategy, which is important. A scenario cannot arise again similar to that which occurred in early 2010, when the airport was deserted because it was over-exposed to one airline. Thankfully, that has changed, and the mood is different.

The advantage of the formation of the Shannon Group is that it will allow the region to refocus on maximising its potential. In the early years of the airport's development, the late Mr. Brendan O'Regan recognised the need to expand the infrastructure around the airport, and the pioneering initiatives undertaken at that time included the setting up of an industrial estate, a model that has been replicated in many other countries, such as China. I visited such a development in Shenzhen. Most Chinese delegations that travel to Ireland want to visit County Clare, not because of its beauty but to see how the Shannon free zone worked. They also take in the Cliffs of Moher, which is important for tourism. Shannon Development was set up to manage the world's first industrial free zone. It was the only regional economic development agency and it would be remiss of me not to acknowledge the contribution made by the management and staff of Shannon Development down through the years. They pioneered and delivered a number of significant initiatives and their contribution to the development of our region should never be forgotten.

The Shannon Group will have access to the property assets and strategic lands, including the land banks, adjacent to the airport. This is important because it will allow the group to push ahead with the development of an international aviation centre of excellence. The Shannon region has a strong international reputation for aviation-related business, with up to 30 companies involved in aviation-related industries located there. Two of our largest maintenance, repair and overhaul, MRO, companies are based at Shannon Airport - Shannon Aerospace and Transaero - and the University of Limerick provides an aeronautical engineering degree course, which ensures a stream of highly qualified graduates is available. International students have also been attracted to the region, given its reputation for excellence.

We also have a strong international reputation in aviation leasing and Ireland is one of the leading players in the industry, on which we want to build at Shannon. With nine of the world's largest aircraft leasing companies based in Ireland, it is estimated that 3,000 aircraft - 50% of the entire global fleet of leased aircraft - are managed here. Avolon which in four years has become one of the top global leasing companies was founded by a Clare man, Mr. Domhnal Slattery, in 2010. I hope we can further exploit opportunities in this area and hope the Minister of Finance will create more opportunities in the budget in this regard.

In my capacity as Chairman of the Oireachtas Joint Committee on Foreign Affairs and Trade, opportunities often arise to meet CEOs of airlines and aviation companies in general and I am aware that many airlines are discussing developing routes to Shannon Airport. Airlines make money when their aircraft are in the air. They can avoid long inspection delays at US international hubs by using the US pre-clearance facilities available at Shannon Airport, which means that when flights arrive in the United States, they are classified as domestic airline flights and land at domestic terminals. This is a very attractive option for airlines from the Middle East and Asia, in particular. There is potential to develop further business, especially on the cargo side, at Shannon Airport if the US pre-clearance facility were extended to cater for freight. If the airport were in a position to provide cargo pre-clearance facilities, it would be in a stronger position to compete for this business. I ask the Minister to pursue this possibility with his US counterparts when he is next in Washington DC.

Like many speakers, I am concerned about the existing, retired and deferred pensioners of the Irish airlines superannuation scheme, IASS, under section 33 of the Bill, now section 43. While the expert panel has published its recommendations, including that Aer Lingus and the DAA make additional contributions to plug the €780 million shortfall in the scheme, there remains considerable concern among the scheme's members that, without an amendment to this section, their future benefits will be undermined. Many speakers have raised this matter. There are approximately 5,000 deferred members of the scheme, workers who left Aer Lingus and the DAA under the various redundancy schemes and spent 20 to 30 years working for these companies but who have not yet reached retirement age. They would have reasonably expected that when they reached retirement age, they would have receive the pension deferred for them when they left the company. They are very concerned that this may not be the case.

This section has been designed to facilitate implementation of proposals that emerge from the negotiating process to resolve the funding issue. The main contention is that, without amendment, the section could give wide-ranging powers to employers to transfer members, without consultation, to a new scheme. Concerns have also been expressed by many in the Shannon region and County Clare that the trustees of the scheme could make amendments to provide for the cessation of benefits and contributions by all members and their employers. The staff and pensioners have told me that their pensions have already been depleted owing to a number of factors. They fear that if total power is transferred to the IASS employers and trustees, their situation will deteriorate even further. Like other speakers, I ask the Minister to amend the section to address these concerns in order that there will be no confusion about the intent of the section and to clarify that it is not being introduced to undermine the members of the scheme.

As Chairman of the foreign affairs and trade committee, I meet airline CEOs, particularly from non-EU countries, and the issue of fifth freedom of the air rights is regularly raised with me. Fifth freedom rights would apply where non-EU airlines were allowed to pick up and drop off passengers at Irish airports en route to the United States. I very much support the recent call by Professor Jim Deegan, head of the department of economics and director of the national centre for tourism policy studies at the University of Limerick. In response to the publication of the national aviation strategy, he prepared a paper on behalf of the Shannon Airport marketing consultative committee proposing that the Government prioritise the awarding of fifth freedom rights to Shannon Airport. The airport is well placed, has the facilities, is not overcrowded and would be a great hub for many long-haul carriers to land at, use the pre-clearance facilities and travel on to the United States. Professor Deegan's contention is that it would help to redress the economic imbalance between Dublin and the remainder of the country and complement the development of international aviation services at Shannon Airport. I concur with his views and ask the Minister to consider them.

The liberalisation of rights should not be extended to all Irish airports because extending fifth freedom rights to Dublin Airport would probably undermine the operations of the national carrier, Aer Lingus, in Dublin. It is important that we stimulate business at the other airports. Dublin Airport does not need these rights because it has sufficient business and is operating close to capacity. However, if these rights were transferred to other Irish airports, including Shannon Airport, it would benefit the national economy and play a significant role in assisting the new airport group at Shannon to grow its transatlantic business, both passenger and cargo.

Today marks a very important day for Shannon Airport. The passage of the legislation will end the uncertainty that hindered the airport's development from 2004 until 2011. Shannon Airport is strategically the most important piece of infrastructure in the region, underpinning thousands of jobs in its industrial and tourism hinterland. We have seen the positive impact of Ryanair's increased service from Shannon Airport and how busy the airport is in the mornings. There has been an impact on tourism in County Clare. Tourist numbers have increased in Kilkee, at Loop Head, Spanish Point, Ballyvaughan and Killaloe and this is directly attributable to the increased connectivity with Shannon Airport. The Wild Atlantic Way has been a great success for the west coast and was a very cheap project because the route along the beautiful coastline was already there. All it meant was the commitment to erect additional signs and have various points along the route to attract tourists to the entire region. Last year 18,000 people visited the newly opened Loop Head Lighthouse which this year, with the Cliffs of Moher, is one of the strategic points along the Wild Atlantic Way. It is a tremendous success for tourism on the west coast from County Donegal to County Cork.

Cork Airport also has a very important role to play and it is important that the two airports work together, although they must also compete. We are very lucky to have two transatlantic gateways into Ireland, a small country of 4 million people. I visited the Czech Republic this year and Prague, one of the most beautiful cities in Europe, does not have a year-round transatlantic service. Our two direct transatlantic links, through Dublin and Shannon airports, are extremely important. We should preserve them and hold onto what we have, ensure Irish carriers serve both airports and attract other airlines from the United States and the Middle East to use the pre-clearance facilities available here.

Given the determination of the management of Shannon Group, I have no doubt that the region has a bright future. I wish it well. I thank the Minister for his commitment to the region. Without it and were it not for the fact that he was direct, straight and got the business done, we would still be in limbo.

The way we structure legislation is very important. My first impression of the Bill is that while there are connected matters within it, they are only tenuously related to each other. We have Shannon and Cork airports, DAA pensions, the Cape Town Convention and tour operators all falling under one Bill. It is important to have well crafted and tidy legislation. We must consider how people will view the legislation looking back and how easy it will be to navigate. I have concerns that a great deal is going on in the Bill. I would like to see the ratification of international conventions provided for in stand-alone legislation. It makes sense. When legislation contains as many matters as the Bill, it can be confusing.

Rather than making a typical Second Stage statement, I will raise a number of questions. I would like to know, with regard to the establishment of Shannon Group, what the broad philosophy will be in terms of its ownership into the future. Is it intended that it will be 100% State-owned or is there a plan? There are a number of things in the Bill that suggest otherwise. I would appreciate it if the Minister dealt with that issue in his response to the debate. Will the legislation prevent Shannon Group from selling any shares to non-governmental organisations or diluting its 100% ownership of any of the four subsidiary companies - Shannon Commercial Enterprises, Shannon Heritage, IASC, and Shannon Airport? Will the Minister explain why it is forbidden for the shares in Shannon Group to be issued without ministerial consent, while that is not the case with Cork Airport? There is something different happening with both. Why is one approach being taken with one and another approach to the other?

It is clear that the Government has bent over backwards to ensure the smooth setting up of this new entity, Shannon Group. The €100 million debt owed by Shannon Airport to the DAA has been cancelled or, in any event, what was a shared liability will be a DAA liability. We already know the DAA is struggling. There is a huge pensions black hole. Is this going to contribute to a difficulty for the authority? When a sizeable portion of Aer Lingus was sold off in 2005 and 2006, the CEO made the point that some of the money should have been used at that point to cover what was known to be a large hole in the pension fund. That did not happen under the previous Government and the problem has become worse. I ask the Minister to address the matter.

We have transferred 75% of the staff costs of Shannon Development to other public bodies. What is the exposure of organisations such as the Institute of Technology Tallaght? Was it a natural fit and did they require the personnel transferred to them? I am not 100% sure of the position. We seem to have transferred the pensions liability to the Department of Jobs, Enterprise and Innovation. What is the exposure in that regard? In relation to Shannon Group, we have transferred the entire €200 million property portfolio to Shannon Development. There is a big asset transfer, but it must go there as it will be the basis for the legal entity. All Shannon Airport lands will also be transferred to the Shannon Group. There is also Shannon Heritage. The Department of Finance is foregoing taxation which might accrue in a commercial sense, which I understand as it is almost accounted for there. However, it appears that all of those things add up to a significant question mark. The question mark is over packaging something. It is fine if it makes it viable and it functions as an entity in its own right, but if we are packaging it to strip out any of the liabilities and make it attractive for sale, I have serious concerns. I would like to know what the objective is in order for me to establish whether I can support the legislation.

I am absolutely in favour of balanced regional development. The airport has the potential to be a serious asset for the region, as it has been in the past. The region is not well populated, which is part of the problem. The Minister announced two years ago a plan to merge the Shannon Airport Authority with the Shannon Development free zone. At the time, he said:

We want to recapture the pioneering spirit of the people who gave us the airport and the Shannon Free Zone concept, so that we can provide exciting and innovative opportunities which benefit business, tourism, and job creation in the region, and across the country.

It is good for the greater Dublin area to have balanced regional development. It is not one at the expense of the other. The congestion in Dublin would give way to a more normal arrangement if there were more balanced regional development.

This must be seen as a driver for the region. I am very concerned that instead of being a resource for the mid-west, it may become a nicely packaged opportunity for an investment fund to purchase, with some of the costs accumulated to date having been stripped out.

My focus is on section 34 of the Bill which will have very serious consequences for workers in the airline sector. Why is the Minister facilitating solvent companies in taking thousands of workers out of a pension scheme, particularly when negotiations have not finished? The provisions will have a devastating impact on the workers who paid into the scheme, as they will lose up to 50% of their income.

Like all of us, the Minister will have received letters and e-mails from staff in Aer Lingus, the Dublin Airport Authority and SR Technics. One correspondent makes the point that part of the reason there is a danger of collapse in the scheme is the failure of Aer Lingus to fund it properly, coupled with the fact that a previous Government implemented cost reduction measures which saw many people leave the airline at 55 years of age, which was very early in their working lives. Huge amounts of money were paid out as a result. Previous Government policies therefore ate into the contributions. All of the e-mails written anticipate a 50% loss of income when these workers retire. In other words, they face poverty in their old age, having paid into the scheme for 20 or 30 years.

These are solvent companies. Aer Lingus made a profit of €39.5 million last year. Its passenger numbers increased by 12%. The Dublin Airport Authority made a profit of €26 million, also seeing an increase in passenger numbers.

There is no reason these companies cannot contribute and sustain a viable pensions scheme.

This is part of the race to the bottom, whereby pensions are to be raided and cut back to facilitate companies. The Minister is well aware of SR Technics, as many people who live in the Dublin West and Dublin North constituencies worked there. The company was closed in February 2009, with the loss of 1,100 jobs. These losses were needless, as it was viable for the company to conduct other business or it could have been taken over by the Government. The workers were dumped on the scrapheap a few years ago and will now find out, whenever it emerges from the four walls of this Chamber, that they will lose 50% of the pensions scheme and have no say in whether they are taken out of or left in it. Recently I visited the picket line of the Aer Lingus cabin crew and all of the workers used the phrase "race to the bottom". They see management of Aer Lingus trying to get rid of them off the books by using bad rotas and attacks on their conditions. They will be replaced by a flexible bunch of young people who will be chewed up and spat out without any pension liability.

Major pension companies have been exhorting governments and employers to get rid of workers from defined benefit schemes into defined contribution schemes, to the extent that it is anticipated that one third of those in such schemes will be lost by 2020. This is part of a policy of employers and the Government. Some 65,000 workers have been affected by the loss of these schemes since 2008 and many more are on the verge of collapse. It seems the Government and the Minister are facilitating workers in ending up in these situations with, effectively, a gun to the head in the negotiations under section 34 of the Bill. Companies are using the recession to rationalise and cut back and every worker knows that pensions are up for grabs. It is scandalous that the Government is facilitating this. When word gets out, whatever losses were suffered in the recent local and European elections will become serious when workers in various constituencies find out that the Government is allowing this to happen.

I welcome the opportunity to speak about the State Airports (Shannon Group) Bill 2014 which also has an impact on airports other than Shannon Airport. It has an impact on all three State airports and their workers, in particular, Cork Airport. I will concentrate on the pension provisions for workers, as mentioned by Deputy Ruth Coppinger, the impact of the changes in the ownership structures of the State airports and the future and potential of Cork Airport.

The issue of pensions has been raised by many people working at Cork Airport who are concerned about the pensions scheme. In March it was reported that the scheme had a deficit of €769 million and everyone acknowledges that this is not a sustainable position. It is a source of grave concern for those who worked for years thinking they had a secure pension to look forward to on retirement that perhaps it might be not paid now.

The Minister has informed us that the expert panel was formed to investigate how a financial resolution of the industrial relations issue relating to the pensions scheme could be secured. The expert panel has consulted various parties, including representatives of employees, and made recommendations that need to be considered in detail. Just because an expert panel makes a recommendation does not mean that the concerns of workers have been adequately addressed, nor does it mean that the workers have been reassured about the future of their pensions. Everyone accepts that the difficulties with the pensions scheme pose serious challenges. A solution must balance the interests of employees, pensioners, deferred members and employers. It is vital that certainty is provided for those who rely on the pensions scheme to provide for future income. I ask the Minister to ensure he remain vigilant on this issue in order that, after the Bill is passed by the House, there will be continued dialogue between all parties.

One of the main parts of the Bill, Part 5, deals with the restructuring of the various airport companies. Section 30 deals with Cork Airport Authority plc. It provides for the dissolution of the Cork Airport Authority and gives the power to reincorporate the authority at a later date, which I welcome. This move reflects the reality in which Cork Airport has found itself since the passsage of the State Airports Act 2004. How we remember the previous Government's proud boast in 2004 that Cork Airport would be debt free and that it was envisaged that it would be separated from the other State airports. For a variety of reasons, that has not happened and, at this juncture, is not immediately realisable. Since 2004 the Cork Airport Authority has effectively been a shelf company. Although it had a board of sorts, it had little autonomy and was operating under the control of another group. I commend the Minister for his initiative on this point. Unlike the previous Government, he has been more proactive with regard to the airport. There was a lot of rhetoric from the previous Government about the provision of a new terminal building, but they were false promises and the false rhetoric has now come home to roost. Dissolving the Cork Airport Authority, in the context of the reality of public policy since 2004, makes sense. There is no point in having a company in place for the sake of it. It is in the interests of the airport and the Cork region that the management and operational structures in place facilitate the day-to-day activities of the airport and its ability to grow. There is no point in having a company in place that is the relic of an outdated policy long left behind. It is welcome that the Minister is allowing for the Cork Airport Authority to be re-established at a later date under section 31. When the time comes, it may be financially feasible for Cork Airport to be a separate entity, when it has the ability to operate on its own. The Cork Airport Authority could then be re-established.

When the Minister took office, he conducted a comprehensive review of aviation policy and restructured the State airports. This decision effectively spun Shannon Airport from the airport group, making it an independent airport that could compete against the other two State airports. The decision was taken in considering the overall detailed picture, both historic and future, facing all three airports. It recognised the business opportunities, the opportunities for growth at the various airports, as well as the financial challenges at the time. The result has been the creation of an independent Shannon Airport and leaving Cork Airport operating under the umbrella of the DAA. We now have a situation where the second busiest airport in the country, Cork Airport, has to compete against Shannon Airport, while not having the same freedom to take commercial decisions that could enhance its business and business case.

I accept the reasons for not making Cork Airport independent, the two most significant being that the airport's operating costs exceed its revenue and that the level of debt arising from the new terminal building puts it in a difficult position. In the short term, in order that the issue of debt can be addressed and that the pensions issue can be resolved, this is the correct decision. However it was made, the climate in which Cork Airport operates is difficult. This can be seen by the number of new routes opened up from Shannon Airport at a time when a similar number of new routes have not been opened up from Cork Airport. Despite Cork Airport being in proximity to a much larger population, the politics of the decision within the aviation sector means that one prominent airline has been slow to consider Cork Airport for the introduction of new routes. This is at a time when Cork has the roads infrastructure that allows people to travel faster to it from Portlaoise. From areas in Munster, it is perhaps faster to travel to Cork Airport than to Dublin Airport.

I have outlined some of the challenges facing Cork Airport. Unfortunately, they can be seen in the continued decline in passenger numbers. Last year the airport welcomed 2.3 million passengers through it, but this represented a decline of 3.5% on the figure for the previous 12 months, a trend that has continued for too many years.

I welcome the appointment of Niall McCarthy as CEO, who has shown himself to be a breath of fresh air in Cork. Despite the fact he may have difficulties with his staff in bringing about change, I hope that as CEO of Cork Airport, he can bring about a new dawn for the airport, because staff and management have worked hard together to return passenger numbers to growth and are actively engaged with airlines to bring this about. I commend them for this. While the airport faces challenges, a number of route options are available. Last year, 16 airlines served 54 separate routes and the five scheduled airlines, Aer Lingus, Aer Lingus regional, Ryanair, Jet2.com and Wizz Air, offered a total of 44 scheduled destinations from Cork last year. In the past eight years, only once were there more scheduled routes available from Cork. That was in 2008.

I also want to highlight the excellent customer service available at Cork Airport. Last year the airport was ranked as the world's best regional airport for customer service by both business and leisure travellers. The airport came first for overall customer satisfaction in the global airport service quality, ASQ, regional survey of passengers, carried out on behalf of Airports Council International, ACI. This is an achievement that needs to be broadcast widely and it was only possible because of the efforts of management and staff at Cork Airport. For this they must be congratulated. When passengers use Cork Airport, they have a great experience, but for many the difficulties begin before they ever get to the airport. The decision not to use Cork Airport is often down to a lack of route options.

The lack of options can be seen when we look at a map of Europe. There are no direct flights to Madrid or northern Spain, Rome or southern Italy, Germany, apart from Munich, Denmark, Scandinavia, Austria, Switzerland and the majority of eastern European countries. The fact that huge swathes of Europe are not directly accessible from our second city and second busiest airport is a major concern. However, of even more concern is the fact that there is now no direct air link between Cork and Dublin. I still do not buy the argument given by those involved in the industry in regard to the lack of that service.

We are aware of the challenges for Cork Airport, but we must set out a positive way forward. I welcome the Minister's decision to establish a new high level stakeholder body, the Cork Airport development council, which will provide a forum for senior stakeholders from a range of sectoral and geographic backgrounds who have an interest in the development of Cork Airport to engage with management at the airport and help contribute to traffic and route growth. This initiative has the support of the business community in Cork; it was part of the publication - A Ten Year Masterplan for Cork Airport - published by Cork Chamber last January. I believe the plan now needs to be centred on development and hope the development council remit will include the creation of a long-term plan to develop Cork Airport.

The Cork Airport development council established by the Minister has representatives from organisations such as Fáilte Ireland, the Cork Chamber of Commerce and even EMC, which among others will ensure that local views will contribute to the future development of the airport in order that it meets the tourism and business needs of the region. This will ultimately benefit the economy of the entire Cork region and the wider national economy. The first item this group should focus on is expanding the air connectivity available from Cork. In looking at this, a priority must be developing air links with key international hubs, with flights at times that suit businesses and business people. In tandem with this, we must protect and develop key routes such as Heathrow, Gatwick, Amsterdam, Paris, Frankfurt, Munich and Rome, but perhaps more important an air link to Dublin. Despite the fact we have a very good road link, an air transport link is important.

Having this range of flight options will ensure that passengers using Cork Airport, for both business and tourism, can get direct flights to key international hubs, enabling them to link to destinations across the globe. This is why Heathrow is so important in the context of Cork. Focusing on these routes will enable Cork businesses to grow and expand internationally. This will benefit the international schools in UCC and CIT and the many leading international businesses in the pharmaceutical and IT areas and the tourism sector.

One challenge we must consider in the context of Cork Airport is that of transatlantic flights. These would be a huge addition and are not just a pie in the sky aspiration for Cork, if they can be delivered. When I was on the regional authority, we met with representatives from Nova Scotia. Having links with the United States and Canada should be a medium-term goal for the airport, and given the population base of the region and the large number of multinational businesses located in Cork, there is a demand for these services.

Regrettably, the challenges facing Cork airport are compounded by the high level of debt that the airport carries. An article in the Irish Examiner by Joe Gill on 9 April summed up the situation very well . He wrote: "In the same way that puppies are not just for Christmas, expensive airport terminals are in place for decades and carry with them residual borrowings." We cannot escape this, but that said, all parties involved in Cork Airport must continue to explore ways to reduce the debt levels it is carrying. Reducing this burden will allow the airport to reduce prices and attract airlines. Unless the debt is reduced, the ability of the airport to reach its full potential will not be delivered.

The reason Cork Airport was not made an independent airport was because the debt levels it would have to carry would not make it a viable commercial entity. That is acceptable and fair for those of us who are passionate about Cork Airport. However, the airport should not be expected to operate under the restricted umbrella of the DAA and still be subject to the same debt levels as if it was an independent airport carrying the full debt. Across the country businesses are dealing with the consequences of over-borrowing, borrowings made in a market that no longer exists and borrowings that must be repaid at a time when incomes have fallen. In this regard Cork Airport is dealing with the same problems that continue to affect so many parts of the economy.

I hope the development council will be the catalyst that will enable Cork Airport to grow in order that it can reach its full potential. We have a fantastic and committed staff there. We have seen that the staff members serving on the board of directors are passionate about the airport. They represented their members well, but saw the bigger picture of Cork Airport. I hope the input of people from outside of the DAA group will facilitate a detailed consideration of how to restructure the debt at Cork Airport in order that it does not continue to be a heavy weight preventing the airport attaining its obvious potential.

I have focused on Cork in my presentation. As someone from the second city and as a person passionate about the airport, I see this as an issue that must be allowed to be debated in this Chamber. I hope we will have a wider debate on the use and growth of Cork Airport and I hope the aviation sector will also have an honest debate on Cork Airport. It rankles with people in Cork and the area around Cork Airport that airlines come to other airports and offer a wide range of routes. Our objective is to grow and develop Cork Airport in order that it can offer choice to the business community, the tourism sector and passengers who want to come in and out through Cork Airport.

I will finish by referring to section 44. I commend the Minister on the issue of dazzling in the context of the offence created in the Bill. It is important we protect our pilots and air traffic controllers. It is a concern that there have been incidents regarding the use of lasers and laser beams at some of our airports. I was stunned to hear from people in the airline industry that there has been a wide range of reports of this offence occurring. It is important to legislate for this and I commend the Minister for it.

This may well be the Minister's last Bill before the reshuffle. If it is and if he is moved, I commend him for the work he has done in this area.

The Chairman of the health committee is getting his congratulations in early.

I hope he is not moved because he is very good for Cork Airport, for which I commend him. However, this may well be his last Bill in this area. If it is, I want to thank him for what he has done on behalf of Cork Airport. I hope that if he remains in office, he will prioritise Cork Airport because ours is the second city and our airport, of all other airports, has the greatest potential in terms of the population base it can serve. People can get to Cork Airport faster from the Red Cow than they can to any other airport in the country. Cork Airport is more accessible than Shannon and Dublin Airports and offers a great passenger experience. The city of Cork is a great place to come and stay if one is flying out in the morning. There are a wide range of activities in Cork city, the tourism potential is vast and the shopping, cuisine, night life and entertainment are fantastic. There are also excellent sport facilities and the Munster finals on 6 and 13 July will show Cork is the place to be.

What we need is an airport that is vibrant and commercially active and that has the support of everyone.

It sounds like Deputy Jerry Buttimer is making the case for himself to be appointed as Minister for Transport, Tourism and Sport in the reshuffle.

The Minister has done a lot of great work, for which I commend him. I also commend the Bill, but I hope Cork will not be forgotten or lost and will be prioritised post the enactment of this legislation.

I welcome the opportunity to contribute to this important Second Stage debate on the State Airports (Shannon Group) Bill 2014. This Bill is positive for Shannon Airport, County Clare and the mid-west region generally. On many occasions I have sought an update on the status of this Bill during the Order of Business in this House and in discussions with the Minister. It is good that it is being debated here today and will be enacted prior to the summer recess.

I sincerely congratulate the Minister for Transport, Tourism and Sport on the dramatic changes he has brought about at Shannon Airport in the last three years. Throughout its tenure the Government has prioritised Shannon, and the State Airports (Shannon Group) Bill is the final piece of the legislative jigsaw which will lead to a bright future for the mid-west region. The airport has always been recognised as the engine of the mid-west, strategically located between the cities of Limerick and Galway, with Ennis, the county town of County Clare, nestled between the two. Recognition and rhetoric are easy, but ensuring that Shannon Airport fulfils its undoubted potential has been more difficult to achieve.

I recall meeting Deputy Leo Varadkar in the weeks after he was appointed Minister in 2011 and anxiously putting in front of him a document entitled Shannon: A New Beginning, which I drafted with the assistance of others from the Shannon region. I am more than pleased to say that the proposals in that document have been implemented by the Minister to a significant extent. Back then I suggested the future of Shannon depended in the first instance on a restructured airport, independent of others and properly resourced. Most importantly, the airport needed to be independently empowered in a manner capable of achieving success. While we are still in the initial phase of that change, the new structure is clearly identifiable and progressing. There is a renewed energy and vitality in the airport. The structure is based on a clear strategy of independence for Shannon, with responsibility lying with those at board, executive and staff level for its future.

There is, of course, a further implied responsibility on the people of the mid-west to support this vital piece of infrastructure, and especially now, as this Bill puts in place the final elements of the plan envisaged in the report presented by the Shannon aviation business development task force in November 2012. The number one priority for the new independent Shannon was to bring about an end to the dramatic reduction in passengers using the airport over the previous five years. The passenger data for those years, from 2006 to 2012, illustrated a most depressing and frightening trend of large-scale losses in passenger throughput, with over two thirds of business at the airport lost. The new structures as introduced by this Government have brought about a halt in the devastating passenger decline, with an initial modest growth in passenger numbers in 2013. More importantly, in the year to date, passenger traffic is up by 10.4%, and when one compares May 2013 with May 2014, traffic is up by 20%. This growth is mainly due to increases in scheduled services by both Aer Lingus and Ryanair and is also due, in part, to the abolition of the travel tax and the retention of the 9% VAT rate for the tourism and hospitality sectors.

While these figures are hugely encouraging, big challenges still lie ahead. The Minister and the Government have clearly delivered on their responsibilities and the challenge now is for all of us who are stakeholders in the Shannon region to deliver on the opportunity created by the Government. This is the implied responsibility to which I referred earlier. In this regard, I compliment the chairperson of the new Shannon board, Rose Hynes, on the energy, commitment, flair and skill she has shown in the past two and a half years. She has been a significant player in the creation of a new atmosphere and renewed confidence in the Shannon region. Under her guidance, the airport authority has achieved its stated goals for 2013, including stabilisation of the financial position and putting a stop to passenger decline while entering passenger growth mode, together with achieving greater connectivity. I also pay tribute to Mr. Neil Pakey, the new chief executive officer, who has proved that he is a world-class addition to the team at Shannon Airport. I also compliment members of the board, the management team and employees on their hard work and commitment.

One of the initiatives needed now is to enhance the level of engagement of the new Shannon with all of the stakeholders in the region. In this regard, I am interested in the Minister's reference to the initiative undertaken by the DAA in Cork, with the setting up of the Cork Airport Development Council, CADC. I have from the outset argued that such a forum would be worthy of consideration in Shannon. It would tie in all of the stakeholders who are not necessarily directly represented on the board. Such a forum, as is the case with Cork Airport, should include senior representatives from the business, commercial, tourist, leisure and community sectors in the mid-west region and further afield, with a view to creating a stronger sense of ownership from as broad a region as possible. Such a structure existed in the 1990s with the Shannon status committee, which was probably the only time in the history of the airport that an interface between those responsible for the running of the airport and the broader community who depended on it was in place.

As well as taking the decision to create an independent airport in December 2012, the Government also made the decision to combine the airport with a restructured Shannon Development. Following the enactment of this legislation, Shannon Airport will become part of the Shannon Group plc, a new commercial semi-state company with a clear strategic and commercial mandate. Shannon Group plc will comprise four strategic business units, combining the property ownership and management activities of Shannon Airport together with the activities of Shannon Commercial Enterprises, which is the restructured Shannon Development, Shannon Heritage and the International Aviation Services Centre. Shannon already hosts 40 aviation-related companies, and this legislation will act as a driver for further growth in this industry. I am pleased to see the two-pronged structure for Shannon and it makes sense that those responsible for the airport and the separate commercial activity in the region will now be reporting and answerable to one board. In my opinion, the lack of clarity and unity of purpose between the entities that were previously responsible caused problems on occasion.

As the whole process comes to a conclusion with this Bill, the focus in the past 18 months has almost exclusively been on Shannon Airport. It would be remiss of me and other Members of this House not to place on the record the significant contribution made by Shannon Development to the region since its inception in 1959. It has served the area well and with distinction. In developing and operating 52 business and technology parks around the greater mid-west area, Shannon Development has a unique insight into what works throughout the region. The expertise it developed with respect to tourism and the introduction of specific tourism products is another area in which Shannon Development excelled. I fully expect that as a primary part of this new entity, it will bring a unique perspective and expertise.

I note in the recent Seanad debate that Independent Senator Sean D. Barrett gave us the benefit of his knowledge of the efficiency and cost base of our three main airports. He particularly identified the poor productivity levels at Shannon compared with Cork. Obviously, this is a challenge for the new Shannon management and structure, but I believe it can be significantly addressed by increasing passenger numbers and levels of activity at the airport without increasing the operational cost on a pro-rata basis. He raised a valid point and one that must be kept under constant review.

I made reference at the outset to my early meetings with the Minister following his appointment, in which we both reflected on the concerns for staff in any restructured Shannon Airport. My concern for Shannon Airport was not just with regard to the urgency of revitalising the airport for the benefit of the whole region. I was always conscious that revitalisation of the airport could not and should not be done at the expense of staff.

The employees at the airport, past and present, are key stakeholders and their views and opinions are critical and invaluable in all major decisions on its future. In that regard, I acknowledge the constructive and sensitive comments of the Minister in both the Seanad and this House on matters pertaining to the pension entitlements of the staff at Shannon Airport. There is no doubt that this is a significant issue and, like many other Members, I have received representations in respect of it. I hope, however, that the legislation will not be defined by this matter alone. It is ultimately in everybody's interests that Shannon Group, as an economic entity, be both vibrant and profitable and that it be able to contribute to the future stability of the airport and offer a return on pensions.

The proposals contained in the Bill fit very well with the sense of empowerment, responsibility and innovation at the core of the thinking of the men and women who developed Shannon Airport during the past 70 years. I particularly highlight the debt owed to people such as the late Dr. Brendan O'Regan and those public servants of Aer Rianta whose vision not just for the airport but also its ancillary activities always ensured the airport punched above its weight. Innovative products and initiatives such as Bunratty Folk Park, the Shannon School of Catering, the Aeroflot fuel farm, the industrial park at Shannon and the international duty free service are all landmarks in the proud history of the region. Those to whom I refer would strongly support the new structures being put in place, particularly as they dovetail with the spirit of innovation and can-do attitude displayed by the individuals in question. I am sure Dr. O'Regan would see this as a great challenge and opportunity to which everyone in the region should respond.

I thank the Minister for displaying such interest in the Shannon region, persevering with this issue and bringing about a structure that is clearly working for the benefit of the region. I compliment the management, board and staff employed at the airport on the sterling work they are doing on our behalf. I look forward to the Bill's passage through the House.

I thank Deputies Joe Carey, Kieran O'Donnell and others for their kind words about my role in respect of the Shannon Airport project in the past couple of years. I also thank my officials and advisers in the Department who made an enormous effort to get us to this point. I further thank the staff, board members and others at Shannon Airport.

Deputy Timmy Dooley and others referred to the viability of Shannon Airport. It is important to point out that since Shannon Airport gained independence from the DAA 18 months ago, it has shown that it is able to stand alone. It has halted the decline in passenger numbers and there is going to be renewed growth this year, both in the numbers of routes and passengers. The latter is very much normal growth brought about by airlines in increasing the numbers of passengers into the airport. The number of military flights has actually been falling in recent years. While it is true that the airport will not reach the passenger levels forecast in the 2012 business plan, these forecasts were very ambitious, rightly so. Factors which contribute to this are lower than anticipated transit traffic such as that of a military nature and a delay in concluding an agreement with Ryanair on new services. The agreement to which I refer has now been concluded. However, post-2014, the Shannon Airport Authority, SAA, expects terminal traffic levels to catch up with the business plan estimates, albeit military traffic is likely to remain on a downward trajectory. In effect, the airport is lagging just one year behind the traffic estimates in the business plan.

Under the corporate structure outlined in the Bill, the SAA and Shannon Development will be wholly-owned subsidiaries of Shannon Group. That is deliberate and one of the reasons is to ensure there will not be cross-subsidisation between these two entities. While this structure has many advantages, my Department worked closely with the Attorney General's office to ensure state aid rules would not be breached. I have no doubt but that Shannon Airport can and will prosper in its own right under the board and management now in place.

Aside from halting the disastrous fall in passenger numbers last year, the airport also broke even financially. It had been making losses since 2008. There has not really been a negative impact on the airport as a result of the delay in establishing Shannon Group in legislation. Last year was about stabilising the airport which had previously been in free-fall and the board, management and staff are to be congratulated on their success in this regard.

On the IAS scheme, some time ago I heard Ms Ingrid Miley, RTE's industry and employment correspondent, refer to the scheme as the most complex industrial relations matter she had covered for some time. The issues relating to the scheme are complex, partly because the scheme is complex, inflexible and involves multiple employers. The issues relating to the scheme have been ongoing for a number of years and a resolution is urgently required. We will serve no one's interests by kicking it even further down the road. The objective of the Bill is to facilitate implementation of whatever solution we all hope will emerge from the parties to the scheme. The report the expert panel brought forward last week is extremely important in this regard. As stated in my opening contribution, I will be tabling amendments to the Bill on Committee Stage. These will include removal of the provisions to which Deputy Dessie Ellis and others referred and which would have permitted the employers to withdraw from the scheme. I reiterate that these provisions were intended to be used only in a fall-back, as an alternative to a forced wind-up of the scheme by the Pensions Authority. We are taking the steps to which I refer in order to ensure that where such a wind-up occurred, there would be a better outcome for members.

It is important to point out that Aer Rianta International was not referenced in the 2004 State Airports Act. That was because it was never intended to move it from the ownership of the DAA - previously, Aer Rianta - to which it had always belonged. It was always the intention that while the debts associated with Shannon Airport would remain with the DAA, Aer Rianta International would also remain with it. Aer Rianta International operates in a rapidly-changing, highly competitive market and needs to adapt in order to survive and prosper. The global travel retail market is large, growing and profitable. Aer Rianta International can maximise its potential within DAA ownership, benefiting from the latter's funding, borrowing and balance sheet capacity.

A number of Deputies referred to civil servants at Shannon and Cork who transferred to Aer Rianta in 1970s. I understand this issue was reviewed during the years on a number of occasions by a number of my predecessors, the Department's legal adviser and the Office of the Attorney General. The position remains that Aer Rianta - now the DAA - complied with its obligations to this group of people on retirement in accordance with the terms agreed to at the time. The individuals in question accepted a contract of employment with Aer Rianta in 1974. However, in response to the concerns raised by Deputies about this matter - much has changed in the interim - and without making any commitment, I will ask my officials to examine the matter afresh and make a formal submission to me on it.

There are no plans to change the current arrangements for the use of Shannon Airport by the US military which involve a long-standing practice in place for well over 50 years. Deputies will be aware that the transit of foreign military aircraft through Shannon Airport is subject to strict conditions. Permission to land is only given on the condition that aircraft are unarmed, carry no arms, ammunition or explosives and do not engage in intelligence gathering and that the flights in question do not form part of any military exercise or operation. As stated, the volume of these flights has been decreasing in recent years. Rather than being part of what was referred to as an American imperialist scheme in the Middle East, in many instances, the military aircraft in question carry soldiers who are transiting to and from bases in countries such as Germany where they are present at the invitation and request of host governments. I was somewhat confused when one Deputy suggested Hezbollah was very disappointed by us. Neither I, the Government, my party, nor the country has ever really sought the approval of Hezbollah. Perhaps the Deputy meant something else.

Deputy Timmy Dooley suggested Shannon Heritage remain part of the group. I have no difficulty with this. If it is not broken, one should not fix it. However, it is intended to carry out a proper review in due course in order to determine what other options are available.

Deputy Dessie Ellis and several other Members suggested it might be sinister that we had included several other provisions in the Bill. It is the State Airports (Shannon Group) Bill, not the Shannon Group Bill, and includes a variety of measures pertaining to State airports. Shannon Airport simply happens to form the main part of it.

Deputy Dessie Ellis suggested deferred members had been granted a meeting only four days before the expert panel published its report. It is important to indicate that it was actually the second meeting they had had with the panel.

Deputy Finian McGrath pointed out that he represented many airport staff and former staff. He told me with some passion that we should listen to people on the ground. I agree with him - I imagine every politician does - but we must also have regard to the fact that we represent others. We also represent the 1,000 people working at Dublin, Cork and Shannon airports who do not have the benefit of any pension scheme. We represent in all of our constituencies tens of thousands of taxpayers and ordinary citizens. Whoever is responsible for the deficit in the scheme, it is certainly not these taxpayers and ordinary citizens. We must ensure any solutions to these problems recognise the fact that the tens of thousands of taxpayers and ordinary citizens who live in our constituencies have their own debts, deficits and problems and should not be held responsible for the deficit in the scheme.

Deputy Clare Daly made a valid point in respect of deferred members not having access to the industrial relations machinery. I gather that in the past they had access to the Labour Relations Commission, LRC, and the Labour Court, but that access was removed. The Deputy makes a good point in that regard, but it is beyond the scope of this legislation to change the way the Labour Court and the LRC work. It is something that should perhaps be considered elsewhere and could involve me and, more particularly, the Minister for Social Protection, Deputy Joan Burton, and the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, who are responsible for pensions and industrial relations policy.

Deputy Clare Daly also suggested I was somehow blaming the workers for the deficit in the pension scheme. That is certainly not the case and very much misrepresents anything I have said on the record or elsewhere. What I said was that the reason there was a deficit in the scheme was during the years the companies and members had not made the contributions that might have been necessary to meet the promises given or their expectations. That is different from suggesting the workers are to blame and, certainly, I do not take that view.

Deputy Clare Daly pointed out that the Irish airlines superannuation scheme had made some poor investment decisions. That is the case, but it is a private pension scheme. Many pension schemes make investment decisions that work out, while many make investment decisions that do not. That is in the nature of financial investment, private sector investment in particular. I do not believe the public and taxpayers should be responsible for the investment decisions of others from which they would never have benefited had they gone the other way.

While it is absolutely the case that many in Aer Lingus, in particular, were encouraged to retire or take early retirement, it is also worth pointing out that these packages were agreed with the trade unions at the time. Those who left the companies often received generous exit packages and, furthermore, some, in fact, returned. There are deferred pensioners from an airline who now work for the airport and vice versa. That should be taken into account also. I was accused of double standards at one point, but that is happening to a fair degree all around.

Deputy Kieran O'Donnell and others raised the issue of fifth freedom air traffic rights for Shannon Airport. What is envisaged under aviation policy is that Ireland as a whole would take a more liberal approach in respect of fifth freedom air traffic rights such that if airlines wished to fly in and out of Irish airports, they would be allowed to do so. We are going to try to minimise the restrictions when it comes to fifth freedom air trafic rights. It will not be a free-for-all, but we are going to take a liberal approach using a case by case assessment. It is suggested that we extend these rights to all airports, not only Shannon Airport. The idea is that the airports in Dublin, Cork and Knock or any international airport would be included.

Some Deputies made good points about regional development. I agree with Deputy Catherine Murphy on the matter. We should never see regional development being confined to Dublin and the east coast. That is a flawed way of looking at it. In reality, when the greater Dublin area competes for investment, it tends to compete not with other parts of Ireland but with Tel Aviv, San Francisco, Amsterdam and Luxembourg. When we compete for tourists, we compete not with the west of Ireland - the experience of a city break in Dublin is very different from a holiday in the west - but with Copenhagen, Edinburgh, Amsterdam and such places. Often it is the case that when something is lost to Dublin, it is lost to Ireland. We should consider regional development differently and ask what each region can do best and most competitively and then support it to do this. This could mean, for example, promoting pharmaceuticals and maritime activities in Cork, tourism in the west or food production in the south east. However, the view that somehow it is possible to move investment, spending and development from Dublin to other parts of the country by Government fiat is simply mistaken in what is a globalised environment. This also applies when it comes to fifth freedom air traffic rights. If we only gave such rights to the airport at Shannon and not Dublin, what would we do in the case of an airline that only wished to fly to Dublin? Would we indicate we did not want it to fly Ireland at all? There could be such a scenario, which would be a mistake.

Deputies Dara Murphy and Jerry Buttimer spoke eloquently about Cork Airport. They have pointed out, rightly, that it is the busiest airport in the State after Dublin; that although passenger numbers may be down this year, the airport has a new management team; that it is well run; that it serves over 50 destinations; that it scores highly in terms of customer service, which is a tribute to the quality of its staff; and that it is pursuing various opportunities in respect of new routes, particularly to places without many connections to Cork Airport, for example, northern Germany, the Nordic countries and Spain.

One issue stands out in Cork which makes it different from the airports at Shannon and in Dublin. At Shannon and in Dublin the split is roughly 50:50 in terms of inbound and outbound passengers. Cork Airport is different. Fully 70% of passengers are leaving, while only 30% are coming to visit Cork. That is why we need to have a broader approach to the airport, rather than one based solely on aviation. It should take into account tourism, in particular. Cork has a considerable amount to offer tourists and I am keen to see far more people flying to Cork Airport for holidays, whether in the city or other parts of Munster.

Deputy Róisín Shortall referred to some legal agreements in place for deferred pensioners. If there are such legal agreements, ultimately decisions will be made in the courts, not in Parliament. We cannot adjudicate on legal disputes.

Deputy Catherine Murphy asked if it was intended that Shannon Airport would remain 100% in State ownership. I can confirm that this is the case, but obviously it is for future Governments to decide for themselves. Certainly, it is the decision of the Government that it will remain in State ownership in its entirety.

Deputy Catherine Murphy also asked about the laying of orders. The orders that would be made directly by the Minister would be under sections 28 and 38 transferring ownership of the Shannon Airport Authority and Shannon Commercial Enterprises to Shannon Group and ownership of the land at Shannon Airport which Shannon Development currently operates from the Minister to the company. These orders will implement the parts of the legislation that have been debated and decided on by both Houses. Therefore, there is no reason for the House to consider them a second time.

Deputy Thomas P. Broughan raised the matter of travel agents. An updated package travel directive is at an advanced stage of consideration in the European Parliament. Its implementation will allow us to update all related legislation in Irish law such that Irish travel agents and tour operators will be able to compete on a level playing field with their counterparts in other European countries. The current amendment is simply a temporary holding measure until such time as the new directive comes into force and a comprehensive revision of the legislation can take place.

Reference was made to deferred members. It is important to point out that the expert panel made recommendations in this respect. It recommended that the trustees and employers engage under agreed principles in respect of the deferred members. I understand these discussions are ongoing. I hope whatever outcome is reached in the process, the deferred members will be treated no less favourably than other groups affected by the pensions dispute.

Forfás is not a commercial body, unlike the Dublin Airport Authority or Aer Lingus, and is completely different in this context. The IAS scheme is a private one and has serious solvency issues.

The amendments included in the Bill are designed to facilitate a resolution of these issues and nothing more.

I have probably covered everything raised by Deputies. I thank everyone for what has been an interesting and pertinent debate.

Question put and agreed to.
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