Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I accept the Minister's point that this scenario would be extremely rare but it is not unheard of. If it was never going to happen, we would not be providing a substantial section of the legislation to deal with it. We can anticipate that it may arise. I do not accept that what I am proposing creates an extra layer. Those against whom the enforcement orders would be placed would be the big organisations, not just the DAA. Let us say, for example, Ryanair is using an aircraft in breach of the limits, although the competent authority has said it wants the lowest emissions and the quietest aircraft. Say the competent authority sets a decibel limit for aircraft as part of the balanced approach, and one of the airline operators breaches the limit. In such cases, it is not realistic for the competent authority to keep going to the High Court. Where is provision made for something similar to the penalties that airports like Manchester can apply to airlines? In Manchester Airport, the penalty is £750 for every decibel over the threshold. That adds up for the airline operators and seems to be an easier option than litigation. Litigation might be effective in the case of outright defiance by the DAA or a big organisation deliberately and in black and white refusing to do something. However, breaches or abuse of some guidelines or breaches of decibel limits could happen regularly. How do we enforce the rules if there is not a financial penalty? How could the competent authority do something like what is done in other airports if we do not provide for it in law?