September 11th terrorist legislation passes all stages

Legislation arising from the September 11th terrorist attacks on the United States passed all stages in the Dáil yesterday.

Minister for Transport Martin Cullen said that under the Air Navigation and Transport (Indemnities) Bill, it would be possible to issue indemnities for private and corporate aircraft registered in Ireland, as well as for airlines, airports and maintenance companies which received indemnities under a 2001 Act.

He added that if the legislation was not extended that way, it would be tantamount to a legislative decision to ban all private and corporate aviation.

"Also, as a consequence of this change, the Bill extends the scope of airports to include all that are licensed for public use by the Irish Aviation Authority. The 2001 Act only included airports with commercial scheduled services."

It should be emphasised, said Mr Cullen, that the State would not be automatically subsidising the operation of corporate jets. "Indemnities will only be granted to the extent that they are essential for the continued operation of civil aviation,"

Mr Cullen recalled that following the September 11th terrorist attack, insurers withdrew cover for third party war and terrorism risks at short notice and it was necessary for governments to provide cover.

In Ireland, the Air Navigation and Transport (Indemnities) Act was enacted at short notice in December 2001. Thankfully, he added, commercial insurance became available by the second half of 2002, and it was possible to allow the Act to lapse in December 2002.

During 2004, it became clear that insurers were worried about potentially ruinous claims in the event of a terrorist attack involving the detonation of what was referred to as a dirty bomb, or an electromagnetic pulse, said Mr Cullen. His department had drafted new legislation to enable the Government to provide indemnities.

Fine Gael spokeswoman on transport Olivia Mitchell claimed there was little point in providing dirty bomb cover for an Irish aeroplane over Frankfurt if they did not receive reciprocal cover. "In short, we are rushing to provide something which is not necessary. At least, I cannot be certain it is necessary or required by the EU."

Labour spokeswoman Róisín Shortall said she was concerned that the House had not been given adequate notice of its introduction.