Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I thank the Deputy for raising this question and I am glad that it is being raised in the House, particularly after the briefing given to all of the spokespersons last week. I know that the Deputy will understand it has been a very difficult journey dogged by legal problems for nearly two years which has led us to this conclusion, with which I am happy. It was not easy because there will be people who, no matter who is appointed as the competent authority, will say this is the wrong one and that we should have appointed a different one, not least the lawyers, certainly Deputies and others. That is understandable, which is why this is a useful debate. I am happy now, having listened to the Attorney General, the IAA and others, that this is the correct appointment.

I have made several contributions in the House on this matter over the course of the past 12 months or so, particularly in response to questions posed by Deputies Clare Daly and Robert Troy. As the Deputy knows, the EU noise regulation, Regulation 598/2014, establishes a set of common rules and procedures to deal with noise issues at major airports within all EU member states. We do not have any option but to appoint a competent authority because of the EU regulation. As the Deputy mentioned, it was previously proposed that the IAA would be designated noise regulator for the purposes of Regulation 598/2014. However, as I explained in the Dáil before Christmas, when this approach was subject to final legal review, it was found to be impracticable in the light of emerging EU case law. It was as much a surprise for us as it was for the Deputy. Specifically, the advices were that the IAA would be conflicted, given its direct commercial interests in traffic growth at Dublin Airport. Offseting these conflicts would have required the establishment of a noise regulation unit within the IAA that would have had to be wholly separate from the parent organisation in terms of resourcing, recruitment, performance management and human resources management.

This was considered wholly unworkable and clearly against corporate governance best practice. Having re-examined the matter as to how best to implement the EU Regulation fully, Fingal County Council, with An Bord Pleanála as an independent appeals body, was considered the best way forward. Fingal already has responsibilities under an EU noise directive, which covers non-airport noise, and it has experience and expertise in environmental impact assessments and in managing extensive public consultations. There are quite a lot of synergies already and so it makes sense to give it responsibility for airport noise regulation.

Unquestionably, Fingal will have to build some additional expert capacity and so the draft legislation will provide for additional funding to provide for this. The Government has endorsed this proposed course of action and I now intend to get on with implementing it. There are challenges. This regulation has already proven quite a complex provision to transfer and align with existing Irish planning and development arrangements. Indeed, on my instruction, as the Deputy has already alluded to, departmental officials met the Deputy and a number of other Members of this House last week to hear their views, concerns and also to talk over the complexities and challenges. It is so important that the runway goes ahead, that we have a competent authority and that we involve anybody in this House and others outside in the decision-making process. As I understand it, that engagement was constructive and it has been agreed to have follow-up engagement with the Members. I hope the Deputy will attend those follow-up engagements. My Department and I are sensitive to concerns raised and are willing to find an agreed way through these if at all possible. It is my intention to publish a draft Bill as soon as possible. Doing so is a priority. It will set out precisely how the new regulator will operate in accordance with Regulation 598/2014. There will be plenty of opportunity for examination of the proposals as the Bill comes through the House. I welcome them starting with pre-legislative scrutiny at the Oireachtas Committee on Transport, Tourism and Sport, which will be attended by many Members and which can also be attended by others, including the Deputy.

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