: Deputies Dukes and O'Malley are taking this section out of context. I thought we might have been commended for ensuring that where there was a conflict there was a clear line of command which would ensure that the Minister would ultimately get the report and would be the one responsible to make the final decision.
There is no need for me to emphasise the commitment to safety on the part of the Minister, the Department and ANSO staff. This section is a further emphasis of our determination that not alone will we adhere to the highest standards, but will be seen to adhere to those standards. Section 36 provides the board, the staff, the Minister and the public with the assurance that the ultimate accountability for safety standards, especially where there is a doubt or disagreement, rests with the Minister. We all hope and confidently expect that there will be little disagreement between the board and its experts. However, if such does happen, and it may happen, it is essential that there is a set framework within which the matter can be rationally and quickly resolved and the decisions arrived at.
I do not see the section as in any way raising doubts about the board or indeed, the staff. The section states:
Before making a decision in relation to or affecting technical or safety standards in relation to aircraft or air navigation or otherwise affecting or likely to affect the safety of civil aviation, the directors of the company shall obtain and consider the opinion of the Chief Executive in relation to the matter to be decided.
We are covering the safety and technical aspects only. A board who takes a decision on those aspects will have to get the opinion of the chief executive, who will be a competent person, with backup professional support available from within his own staff.
If there is a doubt, then the onus is on the Chairman to provide a report to the Minister, who would take the final decision. It is important to emphasise that where there is any doubt about safety or technical issues, there is a clearly defined chain of command to resolve these matters.
It is a good section and I hope the committee can agree to it. I will have another look at the regulatory position within this Authority and if there is any need for change, I will reconsider it for Report Stage.