Oireachtas Joint and Select Committees

Wednesday, 23 January 2019

Select Committee on Transport, Tourism and Sport

Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed)

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

I am not sure about these sections, although I am more sure about section 23 than I am about subsequent sections. We have to speak now or we will lose our chance to do so in subsequent Stages. This is a provision whereby the person to whom an enforcement message has been given has the right to go to the High Court to have the direction cancelled. I want to hear more about this proposal. It strikes me that this is an extra provision or layer for the big organisations, the airport operators and airlines and the DAA. It does not apply to residents as they would not be issued with an enforcement order. The circumstances in which this provision would apply are where the competent authority has adjudicated that one of the airlines or the airport operator, the DAA, has to do something to make life better for residents or others and that body refuses to comply. Why should it have the right to an extra layer of adjudication? These organisations are the ones with the money in all of this. The matter will have been the subject of a lengthy process. Either the competent authority has been given the expertise to adjudicate on these matters or it has not. Let us face it, we are giving the competent authority an expertise which, with respect, the High Court does not have. Why would we then forget all that good stuff that the competent authority and the appeals body have done with their expertise and allow the High Court to do it? I do not like this proposal but maybe I am barking up the wrong tree.

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