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J J National Assembly of the First NATIONAL ASSEMBLY OF THE FIRST SESSION OF THE ELEVENTH PARLIAMENT OF GUYANA (2015-2018) J REPORT OF THE SPECIAL SELECT COMMITTEE ON THE CIVIL AVIATION BILL - BILL NO. 1 OF 2017 PRESENTED TO THE NATIONAL ASSEMBLY BY j THE CHAIRPERSON OF THE COMMITTEE J ON j Stn August, 2018 REPORT OF THE SPECIAL SELECT COMMITTEE OF THE NATIONAL ASSEMBLY ON THE ON THE CIVIL AVIATION BILL - BILL NO. 1 OF 2017 Publication 1. The Bill was published on 16th January, 2017. Introduction, First and Second Readings 2. The Bill was introduced in the National Assembly and read a first and second time on 30th January, 2017 and 9th March, 2017, respectively. Committal to Select Committee 3. Following its second reading on the 9th March, 2017, the Bill was committed to a Special Select Committee, by the National Assembly, for consideration. Members of the Committee 4. At a meeting held on 8th May, 2017 the Committee of Selection nominated the following Members to comprise the Special Select Committee to consider the Civil Aviation Bill - Bill No. 1 of 2017. A Partnership For National Unity/Alliance For Change (APNU/AFC) (5) Hon. Carl B. Greenidge, M.P., Vice-President and Minister of Foreign Affairs Hon. David A. Patterson, M.P., Minister of Public Infrastructure Hon. Dawn Hastings-Williams, M.P., Minister within the Ministry of Communities Hon. Annette N. Ferguson, M.P., Minister within the Ministry of Public Infrastructure Mr. Michael Carrington, M.P. 1 The People's Progressive Party (PPP) (4) Mr. Clement J. Rohee, M.P. Ms. Gail Teixeira, M.P., Opposition Chief Whip Bishop Juan A. Edghill, M.S., J.P., M.P. Mr. Joseph L.F. Hamilton, M.P. First Meeting of the Committee and Election of Chairperson 5. At Pt Meeting held on 8th May, 2017, the Committee elected the Hon. David A. Patterson, Minister of Public Infrastructure as Chairperson of the Special Select Committee. Other Meetings of the Committee 5.1 The Committee met on seventeen (17) other occasions, as follows: Thursday, 18th May, 2017 Wednesday, 31st May, 2017 Wednesday, 22nd June, 2017 Wednesday, 13th July, 2017 Monday, 30th October, 2017 Monday, 6th November, 2017 Monday, 13th November, 2017 Monday 20th November, 2017 Wednesday 14th March, 2018 Friday, 23rd March, 2018 Thursday, 5th April, 2018 Thursday, 12th April, 2018 Thursday, 20th April, 2018 Thursday, 14th June, 2018 Thursday, 21st June, 2018 Monday, 23rd July, 2018 2 Friday, 27th July, 2018 5.2 Minutes of the Meetings of the Committee are attached at Appendix (1) Methodology 6. The Committee, at its 2nd Meeting held on 18th May, 2017, agreed to invite the following stakeholders to make oral and submit written presentation on the Bill: Oral Presentation: • Guyana Civil Aviation Authority (GCAA), • Ogle Airport Inc., • Cheddi Jagan International Airport, • Aircraft Owners' Association of Guyana Inc. • Guyana's Airline Pilot Association, • The National Air Transportation Association • Trans Guyana Airways Written Presentation: • Guyana Police force • Guyana Defence Force • Hydro-meteorological Department, Ministry of Agriculture • Civil Defence Commission 6.1 In an effort to promote inclusiveness and avoid exclusion of any stakeholder, by a selective process, the Committee agreed to publish advertisements in the print and electronic media, including the Parliament Office's Website and Facebook Page, inviting submissions on the Bill. Publications in the print media were made on the following dates, with a deadline for submission of 14th June, 2017: • Sunday, 21' May, 2017 • Wednesday, 24th May, 2017 • Sunday, 28th May, 2017 • Wednesday, 31st May, 2017 3 6.2 The Committee was subsequently advised that the Guyana's Airline Pilot Association was defunct, therefore, the Agency could not be invited to make a presentation. Presentation by Stakeholders on the Civil Aviation Bill — Bill No. 1 of 2017 7. At the 3rd Meeting of the Committee held on 31' May, 2017, the Chairman and Board of the Guyana Civil Aviation Authority appeared and made a presentation on the Bill. 7.1 Also at that Meeting the Committee decided that in addition to the Chief Parliamentary Counsel, the Director General and other technical officers of the GCAA, be invited to attend meetings to provide advice and clarification, if necessary, to the Committee. 7.2 At the conclusions of the presentation issues were ventilated and clarification sought by Members of the Committee. 7.3 At the 4th Meeting of the Committee held on 22d June, 2017, stakeholders presented on the Bill in order, as listed, and were each given a maximum of one (1) hour to make their presentation, followed by questions and issues of clarification by Members: • Aircraft Owners' Association of Guyana Inc. • Cheddi Jagan International Airport • National Air Transportation Association 7.4 The Ogle Airport Inc. in a letter dated 7th June, 2017 to the Committee indicated that Aircraft Owners' Association of Guyana Inc. will represent their concerns during their th presentation. Trans Guyana Airways also in a letter dated 7 June, 2017, indicated that the entity will be represented by the Aircraft Owners' Association of Guyana Inc. during the Association's presentation. 4 Correspondence to stakeholders 8. Correspondence dated 27th June, 2017 were dispatched to the following stakeholders inviting written submissions on the Bill, the deadline for submission was 12th July, 2017: (i) Commissioner of Police (ii) Chief of Staff, Guyana Defence Force (iii) Chief Hydromet Officer (iv) Head, Civil Defence Commission Consideration of the Bill 9. At its 5th Meeting held on 13th July, 2017, the Committee discussed the approach it will take when considering the Bill, and agreed to carefully cogitate the following issues: (i) Comparability with other Laws of Guyana, and (ii) Penalties such as, the death penalty. 9.1 The Committee, at this Meeting received a submission dated 7th July, 2017 from the Guyana Defence Force on the Bill, highlighting its concerns. 9.2 At its 6th Meeting held on 30th October, 2017, the Committee commenced consideration of the Bill in conjunction with the proposals and recommendations it received from stakeholders. 9.3 At this Meeting, the Committee received a response dated 20th June, 2018, from the Hydro-meteorological Department, Ministry of Agriculture and considered its concerns on air navigation services. 5 9.4 Also, at this Meeting the Committee noted that it did not receive a submission from the Guyana Civil Defence Commission and directed that actions be taken to follow up the matter. Notably, the Committee never received a submission from that Entity. 9.5 The Committee, at its 10th Meeting held on 14th March, 2018 received information from a Member via email that the Aircraft Owners' Association of Guyana Inc. was disappointed that it was denied the opportunity to meet once again with the Committee. 9.6 The Committee discussed the issue and decided that it would meet with the Association, if there were additional concerns other than those previously expressed. 9.7 The decision was communicated to the Association but it failed to submit any additional information; only a letter of acknowledgement was received. In a letter dated 9th April, 2018, the Committee informed the Association that it had noted that no additional comments or proposed amendments to the Bill were submitted, and the Committee was therefore of the view that the Association had no additional submission on the Bill. 9.8 The Committee, at its 16th Meeting held on 21st June, 2018 took a decision to forward the proposed amendments to Clause 73 to the Aircraft Owners' Association of Guyana Inc. for its consideration, giving the Association a deadline of 13th July, 2013 to respond. 9.9 At the 17th Meeting held on 23rd July, 2018, the Committee considered a response dated 20th July, 2018, received from the Association highlighting its concerns. The Committee examined the concerns, and accepted those that were meritorious and made further amendments to the Clauses. 6 Clauses accepted and amended 10 The following Clauses were accepted as amended: Clauses 1, 2, 3, 4, 5, 7, 8, 9, 11, 14, 15, 16, 17, 18, 19, 20, 26, 27, 29, 30, 37, 39, 41, 44, 46, 50, 56, 57, 58, 59, 60, 64, 67, 69, 70, 71, 73, 74, 76, 77, 80, 83, 88, 89, 91, 92, 93, 94, 95, 96, 97, 98, 104, 105, 107, 108, 109, 110, 111, 112, 113, 115, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 137, 138, 140, 141, 142, 143, 144, 145 and 146. First Schedule: Paragraphs 1, 2, 5, 7 12, 17, and 19. Second Schedule: Paragraphs 7, 8, 9 and 10. Third Schedule: Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9. Fourth Schedule: Text of the Agreement. 10.1. The following Clauses were accepted as printed: Clauses 6, 10, 12, 13, 21, 22, 23, 24, 25, 28, 31, 32, 33, 34, 35, 36, 38, 40, 42, 43, 45, 47, 48, 49, 51, 52, 53, 54, 55, 61, 62, 63, 65, 66, 68, 72, 75, 78, 79, 81, 82, 84, 85, 86, 87, 90, 99, 100, 101, 102, 103, 106, 114, 117, 118, 132, 134, 135, 136, 139, 147, 148 and 149. First Schedule: 3, 4, 6, 8, 9, 10, 11, 13, 14, 15, 16 and 18. Second Schedule: 1, 2, 3, 4, 5 and 6. 11. Also, at this 17th Meeting, the Committee concluded consideration of the Bill. 12. A Matrix containing amendments to the Bill is attached at (Appendix II) Report of the Special Select Committee 13. At its 18th Meeting held on 27th July, 2018, the Special Select Committee on the Civil Aviation Bill - Bill No. 1/2017, agreed that this Report, on its consideration of the Bill, should be presented to the National Assembly. J 14.
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