Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I am sorry, as this is the second time that I have had to apologise to the Deputy. This issue is not yet resolved even though it should have been. We had hoped to resolve it much earlier than this. We have had a few false dawns.

In anticipation of the Deputy's question, I met the Attorney General yesterday and asked him what was happening with the issue. He replied this morning, telling me that he had met the Parliamentary Counsel and advisory counsel, who are dealing with the draft regulations, yesterday afternoon. The up-to-date position is that the Parliamentary Counsel expected to finalise the seventh and, hopefully, final draft of the regulations yesterday evening. The advisory counsel will review the seventh draft and expects to revert to my Department with that draft by the end of this week with a view to arranging a meeting to finalise the draft next week. The Attorney General hopes that his letter is of assistance and has asked me to telephone him if I wish to discuss the matter further, which is an offer on which I will take him up.

The statutory instrument to give effect to EU Regulation No. 598/2014, which deals with the regulation of aircraft noise emissions, is not yet in place, much against my expectations and hopes. I had fully expected that it would have been by now. It is a source of equal frustration to me as it is to the Deputy. I spoke with the new Attorney General yesterday morning, and he has assured me that the matter is being given top priority in his office. I assure the Deputy that it shall continue to be treated as a priority issue by my officials.

The entry into force of EU Regulation No. 598/2014 marks a significant change in the way that aircraft noise emissions are managed throughout Europe and the statutory amendments required in Irish law to give effect to it are complex. Without going into the detailed and technical legal issues at play, which are a matter of ongoing work among my officials, the Attorney General's lawyers and parliamentary draftsmen, there are two areas that are taking more time to get right than was imagined at the outset, the first of which is the independence of the new noise regulatory body. There is broad agreement that the Irish Aviation Authority, IAA, is best positioned to take on this role and do it to the highest standard of professional competence. It has a strong and internationally verified track record in the area of aviation safety and inspection, functions for which it already has legal responsibility. Making it responsible for noise regulation makes sense but the legal intricacies involved in making it the competent authority for the purpose of the EU noise regulation entails ensuring that the noise regulation function is fully and demonstrably independent of all other activities carried out by the authority.

The second area of focus is on ensuring that there is clarity about how environmental impact evaluation will work in future and a clear delineation between the roles of relevant bodies, including the noise regulator, the local authority and An Bord Pleanála.

Additional information not given on the floor of the House

The issue of the need for, and the nature of, primary legislation on noise regulation is one that will only be clarified when we have finalised the statutory instrument. At this stage, it is fair to say that, should primary legislation be required, it is unlikely to be done in 2017. The Deputy should, however, be assured that I will be more than happy to provide her with more information once there is clarity on this matter.

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