I propose to take Questions Nos. 681 and 682 together.
S.I. No. 195/2020, European Union (Reporting, Analysis and Follow-up of Occurrences in Civil Aviation) Regulations 2020, designated the Irish Aviation Authority (IAA) as the competent authority in the State for the purposes of Regulation (EU) No. 376/2014.
In addition to designating the IAA as the competent authority for Regulation (EU) 376/2014, S.I. No. 195/2020 also designated the IAA as the “Just Culture Body” responsible for the implementation of paragraphs 6, 9 and 11 of Article 16 of Regulation (EU) 376/2014.
The IAA’s role under those articles is to ensure:
• there is refrain from instituting proceedings in respect of unpremeditated or inadvertent infringements of the law (Article 16.6) which come to it attention only because they have been reported pursuant to Articles 4 and 5;
• that an employer or an organisation for which the services are provided do not subject any personnel to any prejudice based on the information supplied by the reporter (Article 16.9); and
• that each organisation, after consulting its staff representatives, adopt internal rules describing how ‘just culture’ principles, in particular the principle of non-prejudice, are guaranteed and implemented within that organisation (Article 16.11).
The Just Culture review process is not set out in statute and it is a matter for the IAA. It would not be appropriate for me or my department to comment on an individual just culture case as there are strict confidentiality rules in relation to occurrence reports and the protection of information sources.
In relation to the number of Just Culture investigations opened by the IAA since S.I. No 195/2020 came into force, I can inform the Deputy that Article 16 of Regulation (EU) 376/2014 provides that Member States must send to the Commission a report on the activities of their Just Culture Body every five years. The most recent report sent to the Commission dates from July 2024 and at that time the Just Culture Body in Ireland had received no reports since its establishment.
The IAA may be able to provide further information on the number of more recent Just Culture cases, subject of course to the confidentiality principles of aviation safety regulations and I have directed your question to the IAA for further direct reply.
