Since Ryanair announced that it had made a commercial decision to cancel or suspend flights on a number of routes across its European-wide network, officials from my Department have been in regular contact with all the relevant entities including Ryanair, the Commission for Aviation Regulation (CAR) and the Irish Aviation Authority.
I have also been in direct contact with the airline’s CEO and have expressed the Government’s concerns at the disruption caused to passengers by these cancellations, and I will continue to engage with the CAR and the airline to ensure that all Irish passengers’ rights are upheld and that any possible impact upon them is minimised.
The legal framework in relation to protection of air passenger rights in the event of cancellation, denied boarding and delay is set at European level and is governed by the provisions of EU Regulation 261 of 2004. This regulation provides for consumer protections which may include, depending on the circumstances arising, refund of airfares, re-routing either as soon as possible or at a later date at the passengers convenience, care and assistance and compensation.
The Commission for Aviation Regulation (CAR) is the independent regulator for the enforcement of air passenger rights for flights out of Ireland, functioning as the national enforcement body for such matters. The CAR has been working directly with Ryanair since the announcements were made to ensure that the provisions of the regulation were correctly applied in respect of the passengers affected.
On Friday 29 September, CAR announced that it has secured agreement from Ryanair that it will comply with the regulations and directly provide affected customers with the necessary information on refunds, rerouting, care and assistance and compensation. Ryanair has also issued a public statement explaining to customers how and when they will be re-accommodated on other Ryanair flights or other airline flights as necessary. It is understood that Ryanair has also committed to provide weekly updates to CAR on the number of passengers entitled to compensation and expenses, the number of claims submitted and the number of claims closed-out.
The Commission for Aviation Regulation is part of a close network of national enforcement bodies across the EU, including the Civil Aviation Authority (CAA) in UK. It is noted that Ryanair has also recently replied to the UK CAA agreeing to meet its requirement for customer clarification on Ryanair’s obligations under regulation 261, which are in line with those requested by the CAR.
I am satisfied that the Commission for Aviation Regulation is working to ensure that passengers are dealt with efficiently and effectively to minimise disruption to affected customers and to ensure that their consumer rights are fully protected.
As to the cause of the cancellations, that is a matter for Ryanair to clarify and it would not be appropriate to comment on commercial or operational decisions of a private company. Matters concerning staff relations, recruitment, remuneration and other terms of employment are a matter for the company and its employees.
The cause of a flight cancellation is only subject to investigation by a national enforcement body where compensation is requested by passengers but contested by the air carrier. However where compensation is either non-applicable or the air carrier has agreed to pay same in compliance with its obligations, as is the case in this instance, further investigation is not undertaken by a national enforcement body as there is no legal basis to do so.
