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Dáil Éireann díospóireacht -
Thursday, 22 Feb 1990

Vol. 396 No. 2

Written Answers. - Departmental Legislation.

Proinsias De Rossa

Ceist:

143 Proinsias De Rossa asked the Minister for Tourism and Transport, in respect of legislation passed under the aegis of his Department, which required (a) a ministerial order or (b) an order of the Oireachtas to implement (1) the entire Act or (2) any section of the Act, he will list any Act or section of an Act which has not yet been implemented; and the reason for any such non-implementation.

The information requested is set out in the following tabular statement:

Act

Provision not yet brought into force

Reason

Air Navigation and Transport Act, 1988 (No.15).

Section 17 (obligation of owners or operators of aircraft in relation to liability for loss or damage arising from operation of aircraft).

It has not been found necessary to activate this section, by Ministerial Order,to compel aircraft owners/operators to insure against, or otherwise make

financial provision to meet, liability arising in relation to their aircraft operations in, into, out of or over the State, because the procedure for the authorisation of commercial air services by the Minister for Tourism and Transport, under the Air Navigation and Transport Act, 1965 (No. 6), is used to ensure that there is adequate cover for any liability relating to the death or injury of passengers, or the loss of or damage to goods, carried on such services. The position in regard to other aircraft operations (including the use of private aircraft) is under consideration.

Part III and First Schedule (provisions relating to the 1975 Protocols to the 1929 Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air).

None of the 4 Protocols is yet in force internationally as this requires ratification by 30 States in each case. Ireland ratified the 4 Protocols on 27 June, 1989 and the necessary Government Order(s) will be made to bring the provisions of the Act into force with effect from when each Protocol comes into force internationally.

Ratifications to date:

Protocol 1 24 States

Protocol 2 24 States

Protocol 3 18 States

Protocol 4 20 States.

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