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PLANS FOR NORWEGIAN Air International (NAI) to operate transatlantic services from the south of Ireland have been grounded for quite some time now.
The long-haul subsidiary was granted a license to operate from Ireland in 2014 after it was moved here by its parent, Scandinavian airline Norwegian Air Shuttle, to avail of the EU-US ‘open skies’ agreement. The parent company already operates flights from Europe to the US.
However, two years after the carrier first made a bid to the US Department of Transportation for a foreign carrier’s permit, it is yet to launch a flight on the Ireland-US route.
The open skies agreement allows airlines registered in either the US or EU to operate flights between the two regions. Since Norway is not a member of the EU, NAI needed to register itself in Ireland – or another EU country – to avail of those rights.
The airline announced that it planned to launch “low-cost” flights from Cork to Boston in May of this year, too much fanfare, with the provision of operating another service to New York in 2017 if the first route was successful. It also hoped to operate flights out of Shannon.
Since then, the scheme has been beset by turbulence – which doesn’t look to end any time soon.
Arbitration
Even though it “tentatively” agreed to grant NAI a permit in June, Washington has continued to postpone its final decision because of strong opposition from US airlines and trade unions.
They claim that Norwegian Air Shuttle is just using the subsidiary to skirt Norway’s strict labour laws and it will recruit cheap staff in Asia to cut costs at the expense of American jobs.
The latest development in this stalemate saw the EU’s transport commissioner Violeta Bulc employ the open skies agreement’s never-before-used arbitration clause.
Under that rule, a tribunal of three arbitrators – one appointed by the EU, one by the US and one independent member selected by both sides – will make submissions and responses and deliver a final ruling on the issue.
That process is due to start in September, but keep your seat belts fastened – aviation pundits expect this to be a long, drawn-out process.
That’s the latest on the story. But let’s look at how we it all came to this.
What the two sides say
While working conditions for pilots and cabin crew have certainly deteriorated over the last two decades, it’s important to remember that aviation is one of the last sectors in North America where unions still have a lot of power.
They objected when NAI looked for an Irish license in the first place, even writing to the then-minister for transport Leo Varadkar. Obviously, they were unsuccessful on that front.
Since then, they have joined together with an alliance of American airlines to make many submissions to the US Department of Transportation urging it not to grant NAI a foreign carrier’s permit – firing off 250 communications since April, it has been reported.
Many of those complaints have accused Norwegian of using Ireland as a ‘flag of convenience’, which is banned under the open skies agreement.
Opponents say that NAI is only in Ireland to evade Norway’s more strict labour laws. They also claim the airline will look to hire crew through Asia, which will lower working conditions at the expense of safety.
The American federation of unions AFL-CIO, European Cockpit Association and other groups that represent cabin crew have backed these claims, as have Delta, United and American Airlines, which say that using cheaper crews will give Norwegian an unfair advantage.
Scandinavian rival SAS and Germany’s Lufthansa airlines have also written to the Department of Transportation saying an NAI license would create a race to the bottom for cheap fares at the expense of working conditions.
Even the Democratic nominee in the US presidential elections, Hillary Clinton, accused NAI of bypassing labour laws.
Her campaign said:
“Workers in the US airline industry deserve rules of the road that support a strong workforce with high labor standards – not attempts by airlines to flout labour standards and outsource good-paying jobs.”
Clinton’s statements came soon after Bernie Sanders, who was still in the running for the Democratic nomination, made similar claims.
The Irish Airline Pilots’ Association also opposes Norwegian’s application, however it has offered to remove its objections if the airline promises to employ only EU or US staff on its transatlantic routes.
What Norwegian says
Obviously, Norwegian Air Shuttle has refuted these claims. While it moved to Ireland to avail of open skies, it says it also chose Dublin as a base because of Ireland’s long history with the industry. The majority of the world’s jets are now owned by Irish-based aircraft leasing companies.
Norwegian – which is the third-largest budget carrier in Europe – has made promises to hire only European and American cabin crew. It dismissed claims that it will hire crew through a Singapore-based company. It said that since NAI is based in Ireland, it is subject to Irish labour laws.
The Irish Aviation Authority (IAA), which is responsible for air safety in Ireland, has backed Norwegian.
It has refuted accusations that Ireland is being used as a flag of convenience to lower working conditions. It has said that, just like any airline that operates out of Ireland, NAI is subject to the IAA’s rigorous safety standards.
The pro-Norwegian side has also accused American carriers of being protectionist because they don’t want competition from a low-cost airline. The majority of transatlantic routes are operated by Delta, United and American Airlines.
What it means for Ireland
A Red C poll indicated that nine out of 10 Irish people support Norwegian in this argument, and why wouldn’t they? Extra flights are good for the consumer because competition is what really drives down fares.
There are already a fair number of transatlantic routes operating out of Ireland, some of which would already claim to be low-cost, such as Westjet and ASL Airlines, which operate flights from Dublin to Canada.
The flights from Cork would be the airport’s first transatlantic routes in over 50 years, which would give the area an obvious tourism boost. It is also costing tourism businesses on the other side of the Atlantic, especially since Ireland has such a strong historical connection with Boston.
Tourism bosses want the flights because it would bring them closer to their 2025 target of 10 million annual visits to Ireland.
Pundits speculate that the outcome of this row is much bigger than Cork, Boston or even Norwegian’s plans.
This could dramatically change how budget carriers behave in the transatlantic market – but we’re likely to be stuck at the departure gate for a long time yet.
Written by Conor McMahon and posted on Fora.ie
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It’s a sad way to turn out. I hope Joan and Enda see this picture they might get a bit of compassion but I doubt it.
Do you really think Enda gives a dam but how about the idiot in DCC he might be able to give a license for a shelter to be opened if he has enough time to organize it, but he might require a top up on his small salary of 190K any brown envelopes out there!!!!!!!!!!!!!!!!!!!!!!
More drivel from christy burke. Attacking the “cops” rather thsn policy
Ah sure what next open up the cells and use them as temporary accommodation?
“I’m sorry but I cannot arrest you tonight as there is someone sleeping in the cell!” Ffs, he needs to get off his soap box. This is clearly not a Garda problem but rather the HSE, but it’s just too easy to drag An Garda Síochána through the mud again…..
Gardaí can’t arrest someone just because they are homeless? This is a social issue not a policing issue.
Since he’s a ‘Home Alone’ Mayor, who in is own words will only occasionally ‘crash’ in the mansion house, how about he open that up and see how he gets on. He is a typical Republican who will have a pop at the Gardai at any chance they get.
You can’t expect a ten year old homeless person to go through all the hoops that are in place in order to get help. A guard would hopefully use a phone on their behalf to get help.
Never heard of a true republican accepting the British title of ‘Lord.’ Christy would not know the significance of the ‘Lord’ in Lord Mayor. What next- will he want a seat in the House of Lords? Or a lunch with Her Majesty? Don’t think she does gur cake, though.
Seems all that stands between a fascist police state are the police themselves, Every do-gooder wants the police to run all State services- when it suits! The rest of the time, they want to get rid of the police!
Not so long ago, they would have handed such things over to Jimmy Savile!
All your ‘hoops’ are the requirements of the law of the land. Not everyone can flout them so easily as you seem to suggest. The Gardai must obey the law- whatever the hob-lawyers may say. And Lord Christy would need to be careful in dealing with homeless children in a free-lance sort of way.
Unless they are On the Run??
Classy from the “Lord Mayor”.
Total ignorance from Burke. There needs to more available Social Workers for such cases.
The Gardai have enough to do than get sued for being good samaritans taking in young people who may be disturbed without proper independent oversight and care from a qualified Social Worker.
Social Workers are highly qualified for a reason. These cases are very sensitive and must be handled properly by people with the right training.
An alternative might be to have a team of specially trained gardai for such situations – but that is totally different to Burke demanding that standard gardai are qualified to handle these delicate matters that can turn very nasty if not dealt with in a professional manner by skilled experts.
You’re absolutely correct and no coincidence that the girl was persuaded to go home after the social worker arrived.
Ok. And until the HSE gets the finger out we just do nothing and let homeless kids wander the streets. Any suggestions for what we do in the meantime then. So are you going to tell a vulnerable homeless child sorry I can’t help you cos we simply couldn’t be bothered for legal reasons, sounds like a cop out to me.Though if you start causing trouble like shoplifting or prostitution we’ll stick you in jail. Great choice.
No that’s not what you’re going to tell a vulnerable homeless child but there are a myriad of reasons why a child is presenting as homeless in the middle of the night. Some run away and parents are waiting for them at home. The problem is that to a 15 year-old, being homelessness can be an exciting prospect initially. I’ve seen kids being accommodated at night through state services and within 3 weeks being hooked at heroin. If you can get them home, then get them home. Follow-up should come locally through family support services.
So really that’s no answer at all. Ok imagine the scenario as at present and imagine your a guard and a homeless minor comes up to you. Are you going to tell him that due to a myriad of issues you cant help him. That’s really cold comfort to a child looking for support today. Really some guards are actually good people with kids themselves who may as a parent be able to have some compassion for a fellow human. Not everything has to be according to the HSE rules, after all isn’t it due to their incompetence that a lot of this stuff exists.they will do whatever possible to disassociate themselves from any responsibility.
For a start you have to have a reason to arrest someone, otherwise it’s unlawful. Secondly, you can’t detain someone for any longer than is necessary, so unless the arrested person is going to be interviewed or there’s warrants for them that equates to a few hours in a cell. Thirdly, Gardaí can’t hold any minor without notifying their responsible adult, when the minor doesn’t have one they must get a social worker in. If the Gardaí started arresting minors for nothing and then held them for hours without notifying the relevant adult Christy would be the first to give out.
Social Workers are highly qualified for a reason. ?????????
LOL . Then you are clueless re training of social workers.
Their training is mainly policy and then a few modules on real problems.
In fairness I did believe they were trained once too, until I had reason to learn otherwise.
@johngahan
You need an education on the Child Abuse Industry in Ireland. I wont bother with correcting everything you said, just say that the CFA only work 9 to 5 Monday to Friday. Read up on Monageer.
“Highly qualified”? You mean like the Roscommon House of Horrors where social workers were involved for 11 year and in the end the children saved themselves?
NoTo42.blogspot.com
I’m not suggesting the guards arrest them. The guards are called keepers of the peace. That’s their title. Look it up. It’s not all we do is arrest people. If a child is obviously homeless and as a result vulnerable isn’t the best thing for a responsible adult ie a guard to look out for them till an agency can be contacted to help them.
Where do you want the Gardaí to keep them? What if the child then wants to leave? Are the Gardaí to detain them against their will? And who do you think the ‘responsible agency’ will send, except the social workers Burke was told about in the first place?
Due to the fact that the HSE don’t provide the proper service in the first place unfortunately the garda reception area or an interview room. Not ideal I admit. If they want to leave and it’s not deemed there a danger to themselves then there free to go as long as there say over the age of 14. I’d hope a child who’s left their home for whatever reason would appreciate any help in getting back on their feet. It’s a bit like the bed blocking in hospitals except that the patients aren’t being admitted in the first place so no blockage. It’s obviously an issue and had been for a while and love or lothe the mayor at least he’s talking about it. Not like the previous fianna fail Gael lackeys.
He should call Obama and the Mexican ambassador again.
It’s just ignorance on his behalf. He should stick to sorting out the ‘Garreth Brooks’ situation.
Or maybe ‘Jarry’ and The Peacemakers?
How the hell did this idiot get to be Lord Mayor?, I would assume he would have a general idea of the duties Gardai carry out.
Ah, now- go aisy on Lord Christy. He’s a titled squireen now.
I think he’s right. I think homelessness should just be outlawed. As it stands it’s legal for a minor to live on the streets here. But if I let my dog crap on the pavement I’m fined 150 Euro. It shows the level of importance we place on child welfare. Maybe if the HSE diverted some of the taxpayers cash it spends fighting EU directives aimed at improving kids rights and placed it at helping them instead we wouldn’t be in this situation.
Open the Mother and Child homes – they did a sterling job.
Fool , there is some things you just don’t joke about .
Didn’t know Chris de Burgh was the Mayor.
They need to hand the child over to a social worker, so it very much necessary to get hold of one at 3 in the morning.
You are absolutely correct Mayor, it seems the Gardai don’t understand Section 12 of the Childcare Act.
Too many people have been brainwashed during the corrupt Children’s Referendum. The lies and spin of the Yes side laid bare when they say that “a parent can literally have their hands around a child’s neck and throttle the child to an inch of it’s life before the State can intervene”.
PART III
Protection of Children in Emergencies
Power of Garda Síochána to take a child to safety.
12.—(1) Where a member of the Garda Síochána has reasonable grounds for believing that—
(a) there is an immediate and serious risk to the health or welfare of a child, and
(b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by a health board under section 13 ,
the member, accompanied by such other persons as may be necessary, may, without warrant, enter (if need be by force) any house or other place (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) and remove the child to safety.
(2) The provisions of subsection (1) are without prejudice to any other powers exercisable by a member of the Garda Síochána.
(3) Where a child is removed by a member of the Garda Síochána in accordance with subsection (1), the child shall as soon as possible be delivered up to the custody of the health board for the area in which the child is for the time being.
(4) Where a child is delivered up to the custody of a health board in accordance with subsection (3), the health board shall, unless it returns the child to the parent having custody of him or a person acting in loco parentis, make application for an emergency care order at the next sitting of the District Court held in the same district court district or, in the event that the next such sitting is not due to be held within three days of the date on which the child is delivered up to the custody of the health board, at a sitting of the District Court, which has been specially arranged under section 13 (4), held within the said three days, and it shall be lawful for the health board to retain custody of the child pending the hearing of that application.
Thank you Joe.
It seems you don’t understand it; subsection 3 states that the child must be handed over as soon as possible to the health board, so gardaí do require the involvement of a social worker.
@Sandbag Oh Please! I don’t understand it? 800 such S12′s are performed every year in Ireland. Gardai take the child and later hand over to the CFA. The Gardai decide, what part of that don’t you understand?
Please tell us all about your experiences of invoking Section 12 of the Childcare Act. You must obviously have first-hand experience of doing so if you’re lecturing us on it.
What are you suggesting? That several social workers be posted at every garda station in the country until if and when a homeless child appears. Or is it that the child presents themselves as lost or homeless to a garda station and the guard doesn’t engage with them and leaves them outside on their own till a social worker can be contacted. I’d hope you’d say that both scenarios could be avoided by the guard simply bringing them in and then taking their details and then contacting the social workers. If the HSE don’t have any staff available they should be held accountable for neglecting their clients ie the children.
The government insists that they only work and be paid between 0900 and 1700 hrs. Do you want to hold government ministers accountable for neglecting homeless children by not employing social workers 24 /7 if they are needed for those hours?? Maybe we could do a citizen’s arrest on enda. I will bring the (too tight) handcuffs. You can bring the cosh if he gets rowdy.
Maybe a disgruntled social worker? The 9a.m to 6 p.m sort? who thinks everyone else is there to do his job for him?
Soon as possible- not ‘ later.’ And it is the Garda who MUST comply with the law- not every Tom, Dick and Joe Burns who have no business in the matter..
The only Bullshit surrounding this story his Mr Mayor claiming that the saga around Garth Brooks led to focus not being given to the homelessness crisis. Was it not Mr Mayor that led the media storm around the silliness that has been the Brooks Debacle, sure his buddy the Mexican ambassador (FFS) was going to sort out everything. Mr Mayor, perhaps you might now focus on your Jobs, that is Dublin, all of Dublin and not whether a concert goes ahead or not. For far too long this crisis and many more have been ignored and sadly and independent Lord Mayor, chosen because of a cosy political cartel will be about as useful as a three legged hamster trying to do cartwheels.
Brain dead Breda
I think the Gardai would be better off prosecuting the dead-beat parents for child-neglect. A lot of ‘experts’ here never actually went through the process of a Section 12 detention- not as easy as the book says!
And, what about enforcing Section 12 for a child who has already walked out of HSE care?
For the Gardai, the HSE and child welfare is a veritable minefield- the HSE is seriously dysfunctional and not fit for purpose as far as childcare is concerned.
Does any ‘expert’ here who wants the Gardai to start turning childcare into a police-state venture not realise that the police should not be central to detentions or committals the Childcare Act or the Mental Health Act?
Christ Burke obviously believes that a police-state is desirable when dealing with our vulnerable children- what a turn-up for the books!!
section 12 of the childcare act 1991 states that:
(1) Where a member of the Garda Síochána has reasonable grounds for believing that—
(a) there is an immediate and serious risk to the health or welfare of a child, and
(b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by a health board under section 13 ,
the member, accompanied by such other persons as may be necessary, may, without warrant, enter (if need be by force) any house or other place (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) and remove the child to safety.
‘other persons as my be necessary’ It is not necessary for a guard to obtain a social worker at 3 in the morning to take a person under 18 to a place of safety as they are fully within their rights and responsibilitys to do so.
are guards aware of this? i do not believe so. do many guards fully understand the childcare act? they do not appear to. do we live in a f##ed up country? we sure do.
The child must be handed over to a social worker, so it is necessary to get one in at 3 in the morning.
Chic hasn’t a clue about what ‘immediate and serious risk’ means- as defined by the courts, obviously. Neither has His Lordship, The Lord Mayor! If there is no immediate and serious risk then that’s the end of the Garda’s legal authority and obligation. Like it or lump it! Chic is a know-all without any responsibility to the law which s/he spouts so loosely. And it’s the Garda that must have reasonable grounds for believing there is immediate and serious risk- not the interfering busybodies who are usually farting beneath the blankets at 3 a.m. when the real work is being done.
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