Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

The new EU Regulation No. 598/2014 stipulates that competent authorities must be independent of any organisation that could be affected by noise related measures at an airport but it specifically allows for that independence to be achieved through a functional separation model. This option for member states in implementing the EU regulation is a recognition of the differing administrative and institutional systems already in place across the EU. A compulsory one-size-fits-all approach would not be appropriate and would inevitably result in the necessity for various EU member states to establish new entities with sub-optimal use of existing resources and entities.

The IAA will be required to conduct its noise related regulatory activities in strict conformity with the requirement for independence. As I have advised the House, it is envisaged that the legislation in preparation in my Department, in consultation with the Attorney General, will specifically require the establishment of a functionally separate unit within the IAA. The IAA has considerable experience in operating a functional separation model. It has been operating that model since 2004 for safety oversight of air navigation service providers under the suite of EU legislation concerning the single European sky. The IAA is also responsible for safety regulation of Irish civil aviation generally, including airports. This experience of the functional separation model will inform the establishment of the required separate unit for airport noise management.

The other main reason for selecting the IAA under a functional separation model for airport noise management in Ireland is that it responds well to the requirement for aviation expertise to implement the new EU regulation effectively. The IAA has much expertise and knowledge of aircraft technology as well as airport and air navigation operations, which are considered essential to fulfil the various regulatory tasks satisfactorily. Although no one entity in Ireland possesses the entire range of expertise and knowledge to implement internally all elements of the International Civil Aviation Organization balanced approach, given the particular relevance of aviation expertise, it was considered that the Irish Aviation Authority was best placed to discharge the regulatory responsibilities involved.

See this speech in context