Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I do not agree with the Deputy and the reasons are pretty clear. This legislation is not being introduced to suit the DAA. This legislation is a response to a regulation from Europe. That is why it is being introduced. The aim is to have a pan-European common standard on noise at airports. It would be wrong to exclude the DAA from applying under it. That would be absolutely incorrect. I am not a great lover of the DAA, as the Deputy will be aware, but it would not be right to exclude it in any way. The legislation has been introduced simply because of EU Regulation No. 598 which will provide consistency across Europe. If one of the consequences is, as the Deputy suggests, that the DAA will appeal those restrictions, and I am sure she is right about that, that is fine. Let it appeal them but to prejudge the result of that appeal is not something I am going to do. It would be absolutely wrong to do so and would be an expression of no confidence in the noise regulator in advance. I am very happy for any entity that has had restrictions imposed upon it in the past or that has had to introduce noise mitigation measures to make an appeal to the noise regulator at an early date and to let the cards fall wherever they do. That is the intention here.

This section provides clarity that existing noise mitigation measures, whether in effect or not, will be considered noise mitigation measures for the purpose of this Bill. This includes noise mitigation measures attached as conditions to existing planning consent. It is important that this provision be retained because it will ensure continuity with the planning and development aspects of this Bill and provide clarity to the noise regulator and the planning authority. It will also allow the noise regulator to review any such measures in light of the balanced approach, in line with Part 3, to ensure consistency in our approach to mitigating noise problems. That is one of the core purposes of the Bill. I am on the Dáil record on the point that it is wholly appropriate that the regulator would be empowered to take a full view of all existing and potential future noise mitigation measures at the airport. If the operating restrictions are reviewed, there will have to be a full noise assessment, subject to the full EU Regulation No. 598 process, subject to appeal, etc.

This is not in any way set up for any particular body. It is something which has come from Europe and aims to provide European consistency on these matters.