Oireachtas Joint and Select Committees

Wednesday, 11 July 2018

Joint Oireachtas Committee on Transport, Tourism and Sport

Proposals for Second Runway at Dublin Airport and Noise Regulation Legislation: Minister for Transport, Tourism and Sport

It will be evidence-based, transparent, and subject to public consultation and oral hearing. There will also be an appeals process. If this results in workable and acceptable noise mitigation alternatives to operating restrictions, that will be a best outcome for all parties, but there has to be due process.

Some people have complained of unnecessary delays and foot-dragging. This ignores that this is a complex business and I must have regard to legal advice. Throughout 2016 and 2017, based on legal advice, extensive work was undertaken in my Department with a view to implementing EU Regulation 598/2014 by way of secondary legislation and having the Irish Aviation Authority, IAA, as the airport noise regulator. The IAA seemed to make sense as the existing air navigation service provider, similar to the implementation of the regulation in other jurisdictions. However, practical issues arose regarding the legal framework required to ensure the independence of the IAA as the competent authority, as required under the regulation. Legal advice, late in that process, made that approach impractical. This advice included the likelihood of successful legal challenge and the measures required to safeguard the independence of the IAA.

With this in mind and following intensive consideration of the available options, the Government agreed in January on a proposal to make Fingal County Council the airport noise regulator and An Bord Pleanála the appeal body, and to develop primary legislation giving effect to that. The approach we are now taking will address the interrelationship between EU Regulation 598/2014, the planning system and the environmental considerations. Primary legislation is being prepared as a priority.

The process for introducing or amending noise-related operating restrictions will be aligned and deeply embedded in the planning consent process. It will address the environmental legislative requirements. It will be transparent and will involve significant public consultation - it will have up to three months' consultation where operating restrictions are being considered. It will have non-technical summaries to ensure it is accessible to the stakeholders and it will fully comply with EU Regulation 598/2014 and planning requirements.

I would like to outline briefly the envisaged process so that we are all clear on progress being made. This will help to focus on the steps required to deliver the legislation in parallel with the delivery of the runway. The DAA will prepare an application for consideration by Fingal County Council, the competent authority. This application will contain all the information required by the council to enable it to assess and come to a regulatory decision. Once made, the application will be publicly available and there will be an opportunity for all stakeholders to contribute their views before the decision is made.

This regulatory decision, which may or may not contain noise-related operating restrictions, will replace the existing conditions that Mr. Basil Geoghegan outlined during his appearance before the committee. It is important to note that this will be the first decision made in Ireland under EU Regulation 598/2014. This decision can, of course, be appealed and An Bord Pleanála will be the appeals body. This process will be enabled by primary legislation which I am hoping have enacted by the end of this year. This aligns with the timeline for construction of the runway provided by the DAA.

I am confident that Fingal County Council is best placed as the competent authority and that will be demonstrated clearly in the course of the legislative process. The council has responsibilities under the EU environmental noise directive relating to noise caused by major transport infrastructure, including roads, railways and airports. In addition, in its planning functions it has considerable experience and expertise in the conduct of environmental impact assessments, appropriate assessments and in managing extensive public consultations. Therefore, considerable synergies arise from the assignment of this additional role.

I am also aware of the concerns of some local residents. I am sympathetic to their genuine concerns about this matter, particularly given the uncertainty over how the regulation was to be applied. The fact that there will be primary legislation and that the process will be clearly laid out should give comfort that we will provide an open and transparent regulatory process. I have every intention of introducing a Bill that will strike a balance between the rights of local residents, the DAA, as the regulated entity, and the broader national interest in recognition of the crucial importance of our primary national airport.

I want to outline some key milestones in the process. I expect to have the airport noise regulation Bill in the Houses by November and enacted by the end of the year. This will be followed by the initiation of the formal regulatory process and a regulatory decision by December 2020. This will align with the DAA's estimation for the construction of the runway by March 2021.

I acknowledge that this has been a lengthy process, for the reasons I have outlined. However, I hope members of the committee can see that significant progress has been made and that this effort will continue until the regulatory process is in place and in operation. This process will continue beyond the construction of the runway. It will be continually monitored and reviewed, and will provide the framework for consideration of future expansion of the airport. It is important that we get this right and deliver an open and transparent regulatory process.

I appreciate the concerns of the members of this committee and now that we have a clear pathway I look forward to their co-operation in meeting the timeframe for this very important national project.

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