Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

The Deputy should not feel sorry for me. I am frustrated and extremely disturbed by the fact that this is taking so long and I apologise for that. However, I cannot do anything other than follow the legal advice I am being given. That it is taking a long time is something I would not like to see repeated in relation to other issues.

The Attorney General had previously advised that the legislation could be substantially implemented by a statutory instrument under the European Communities Act. However, arising from the latest legal advice, the Deputy will be interested to know that I now intend to implement the legislative changes mainly, and probably wholly, through primary legislation. This is as a result of legal questions which were raised in the drafting process and takes account of developments since previous advice was given, not least that there are matters already before the courts in relation to the new runway at Dublin Airport. The latest legal advice is that the more secure approach now is to proceed on the basis of primary legislation. I clearly have no option but to follow this advice. While I am deeply frustrated at the delay to which this gives rise, it will of course mean the House will have the opportunity to examine in detail the implementing measures.

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