Judges too lenient with air rage offenders, warn pilots

JUDGES have been accused of being too lenient when dealing with drunk, abusive and violent air rage offenders.

Pilots claim many judges approach cases as if the offence happened on the ground. There are calls for stiffer sentences and for the establishment of a national database of incidents to give a better understanding of the problem.

"This is not a public area, this is not Temple Bar. This is a special area and you have to come up with special regulations," said Frank Feeney, security representative for the Irish Air Line Pilots' Association (IALPA).

What might be regarded as a minor assault on the ground can turn into a major incident at 30,000ft.

Mr Feeney said a disruptive passenger on a plane from Ireland to the US faces substantial penalties, including jail, if convicted. Those heading in the opposite direction could get away with a poor box donation.

Passengers arrested for air rage offences can be tried under the Air Navigation Act, but face a maximum prison sentence of just four months. They can also be charged with assault or criminal damage under other domestic legislation and face tougher penalties.

However, the High Court ruled last month these charges cannot be brought where a plane has been diverted to Ireland. Many air rage incidents happen on transatlantic flights to other European countries.

The Air Navigation Act was introduced after Ireland signed the Tokyo Convention, the principal convention dealing with air rage.

Lawyers here argue the convention has passed its sell-by date. Barrister Joseph Murray, who has written on the subject, said: "All acts that jeopardise the safety of an aircraft in flight should be made offences under international law and specifically codified and not just left to legislation at national level."

Pilots also want a national and international database of offences. A standard international database would aid ground staff training as they would be in a better position to identify potentially disruptive passengers before they board, argues Mr Feeney.

There are no figures in Ireland for the number of air rage incidents every year. However, 14,000 were logged by the US authorities last year and more than 1,500 flights were diverted.