I propose to take Questions Nos. 1393 and 1394 together.
The Commission for Aviation Regulation was established under the Aviation Regulation Act 2001 to regulate certain aspects of the aviation and travel trade sectors in Ireland, and its functions include the licensing of tour operators and travel agents in accordance with the Transport (Tour Operators and Travel Agents) Act, 1982 as amended.
The matter therefore is the statutory responsibility of the Commission for Aviation Regulation. I have referred the Deputy's questions to the Commission for direct reply as regards the granting of a tour operator licence to an airline carrier (details supplied). I understand that the Commission were informed by the airline carrier that all customer refunds were completed.
Please advise my office if you have not received a reply from the Commission within 10 working days.
The following deferred reply was received under Standing Order 42A.
Aer Southeast is not an airline. It does not hold an air carrier licence. Neither does it hold a Tour Operator Licence from the Commission for Aviation Regulation, which is the licensing authority in Ireland for air carriers, tour operators and travel agents. Pursuant to the Transport (Tour Operator and Travel Agents) Act, 1982, Irish companies are prohibited from trading as a tour operator or a travel agent without a licence. An important element of the travel trade licensing regime in Ireland is that licensed firms put in place a bond for the protection of passengers in the event of a collapse.When the Commission became aware that Aer Southeast intended to operate a new service, and in the knowledge that it did not hold the required licence, it issued a letter to Aer Southeast to cease trading and provided the company with the relevant application forms to apply for a Tour Operator Licence. As of 27 July 2017, the Commission has not received an application from Aer Southeast for any licence. Accordingly, there is no delay in issuing a licence as this company has never applied for one. The matter of informing customers and processing refunds is a matter for Aer Southeast itself. Given that customers have been dealing with an unlicensed entity refunds do not come within the remit of the Commission.
