Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I will share time with Deputy Darragh O'Brien.

For the past four years, the Government has been aware of the requirement for an independent noise regulator for Dublin Airport following the passage of EU Regulation 598/2014, which sets out a noise mitigation and abatement framework for all European airports above a particular size. Ireland is one of two countries yet to fulfil this requirement, which is vital to the functioning of Dublin Airport. Given the manner in which the Government has approached the establishment of an independent noise regulator, which has been characterised by lengthy delays interspersed by gross missteps on the part of the Minister, the end result has not been pretty. We are faced with the choice of appointing a body about which serious concerns have been raised regarding its capabilities and independence or to further delay this vital infrastructure and thus jeopardise Ireland's economic future. The Minister has left us between a rock and a hard place. Reluctantly, Fianna Fáil will support this Bill but we propose to table amendments to it. I acknowledge that the Minister has conceded to holding Committee Stage in the new year, thereby giving all Members an opportunity to work on robust amendments.

Fianna Fáil will support this Bill in recognition of the implications opposing it would have on Dublin Airport's proposed second runway, which was first granted planning permission in 2007 by Fingal County Council. Work has commenced on this runway with a view to it being operational in 2021. This is imperative in light of the economic uncertainty presented by Brexit, which requires Ireland to strengthen its links with existing trading partners and to develop trade with new partners. Our airports not only connect us with large trading partners such as the United Kingdom and the United States, they also foster connections with new and growing markets. In the past year, Dublin Airport announced new direct services to Beijing and Hong Kong. Amidst the growing uncertainty of Brexit, the capacity of our airports to offer new direct services and increase the country's connectivity is of great comfort to businesses and citizens concerned about their economic futures.

The funding is in place and construction has commenced on the vital infrastructure but an independent noise regulator has yet to be appointed. The delay in bringing forth this legislation lies with the Minister. The holdup relates to conditions attached to the planning permission for the second runway following an appeal to An Bord Pleanála, which resulted in 31 restrictions being added to the planning permission, two of which would limit flight arrivals and departures at Dublin Airport to 65 between 11 p.m. and 7 a.m. and permit no night time flights on the new runway. To put this into perspective, currently at night time, 99 flights arrive and depart from Dublin Airport, which means night time flight movement would be reduced by approximately one third. It is estimated by the DAA that these restrictions, if applied, would result in the loss of more than 14,000 jobs. It is the view of Dublin Airport that these restrictions are not fit for purpose and that the DAA needs to appeal them before the second runway is scheduled to be completed. However, for this appeal to proceed, there must be an independent noise regulator in place because the noise regulator will serve as the sole competent authority under EU Regulation No. 598/2014, essentially serving as the independent expert body responsible for monitoring existing levels of noise and evaluation the possible impacts of proposed changes. On the face of it, this sounds logical.

Monitoring noise levels and developing mitigating measures are a precise and exact science and it makes sense to develop an evidence driven regime that will be administered by experts. If this is done correctly, the new regime can carve a fair and effective path that does not compromise the well-being and rights of the citizens in pursuit of the goal of providing additional flights and connectivity. I acknowledge the presence in the Visitors Gallery tonight of people who are affected by movement in the airport and the work they have done in engaging with Members of the Oireachtas and putting their case forward. They have been reasonable and sensible in their approach over the past number of years, but they have been left in limbo because of the Minister's inaction.

I take issue with the appointment of Fingal County Council as the competent authority under this legislation. Any discussion of this appointment would be incomplete without reference to how we arrived here. Following the passing of the EU regulation, it took more than two years for the Minister and his predecessor to identify a suitable body to take on the role of regulator for this regime. We believed that was finally over when the current Minister appointed the Irish Aviation Authority, IAA, in September 2016, more than 28 months ago. Following that announcement, which was welcomed by many of the residents and the DAA, the IAA duly commenced preparation to take up the role, diligently building the expertise it would need to do it. The Department set about drafting a statutory instrument that it maintained would be necessary to give effect to the noise regulator. We waited for the statutory instrument to materialise. We were then informed that primary legislation would be required. We waited again. Since 2016, I have raised this issue 25 times with the Minister and on each occasion he confirmed that work was well under way to make the IAA the statutory competent independent body.

The rug was pulled from under us when the Minister announced that his legal advice stated that the IAA was not an appropriate body to be appointed and that he would appoint Fingal County Council. The Minister outlined in his contribution why the council was the right and best choice. If it was the right and best choice, why was it not his first choice? Why did he waste so many years examining every other option before ultimately deciding on Fingal County Council? His decision has provoked widespread anguish among the local community, which has genuine concerns about the ability of the council to be an independent adjudicator of an airport that is its single largest rate payer and that generates 8% of its income. We have been waiting 12 months to reach this position today. In fact, it is more than 12 months. The Minister is not meeting the targets he set last February, which is regrettable. The Minister is at fault for spending so much of his time during the year pursuing legislation that is under the remit of the Department of Justice and Equality when he should have been pursuing the legislation under the remit of his Department.

On foot of a freedom of information request, I received a reply that Mr. Fintan Towey, assistant secretary in the Department, sent on 16 February 2018 to an official in Fingal County Council. He said that a lot of work had to be done of the draft heads of the legislation. He said the Department had an internal issue around resourcing to resolve which was complicating things but which he hoped to unblock soon. Was the Minister aware there were resource issues in his Department in respect of drafting the necessary legislation? If so, what did he do to ensure they were resolved?

Furthermore, there are concerns about the level of competence Fingal County Council has with regard to monitoring noise levels and developing a meaningful noise abatement regime. In the European context, it is highly unusual for a local county council to be the competent authority in the operation of this regulation. In almost every other country, the Minister with responsibility for transport or the local aviation agency plays this role. Ireland will be one of only three countries in Europe where a local authority does it. Without seeking to cast aspersions on the integrity of Fingal County Council, I share the concerns of the residents. EU Regulation No. 598/2014 clearly states that the body appointed as the competent authority shall be independent of any organisation which could be affected by noise-related action. Given the significant reliance of Fingal County Council on Dublin Airport for rates and broader revenue, there are questions about whether the county council meets this requirement. If one follows the logic the Minister used against the appointment of the IAA, which he said was unsuitable by virtue of the financial benefit it derived from aircraft used in Irish airspace, the appointment of Fingal County Council is quite strange.

This potential conflict of interest is a matter of great concern for me and my party. I call on the Minister to ensure that the new noise regulator is functionally totally separate from Fingal County Council. That is the least the Minister owes the residents of Fingal. At a minimum, the Minister should examine the possibility of placing the new regulator in a separate building from that of the county council as well as allowing the new body to operate under a different name. It is also incumbent on him to provide greater detail about how citizens with noise complaints can raise them with the noise regulator and the process through which the complaints will be handled.

Furthermore, when one considers the magnitude of this role, it is vital that council be equipped to perform it well. This will mean hiring a significant number of additional staff with

expertise in the field. Among other areas, it will be necessary to have experts in runway operation, runway techniques, aircraft noise and performance, methods of noise abatement and airlines operation. Perhaps the Minister will outline how this will be achieved, particularly given the tight timelines under which he is operating. Will there be a formal mechanism in place for the noise regulator to collaborate with other experts in the field, such as the IAA or the European Aviation Agency? Ultimately, these are questions that will define how well the independent noise regulator will be able to do its job.

I have queries on a number of strategic observations. The Bill does not direct the competent authority to take account of the worldwide ICAO regulations concerning airport development known as the balanced approach. The EU regulation on noise is entirely based on this. The balanced approach is central and critical as it ensures that all stakeholders have an input. This is the normal approach worldwide. The Bill uses the term "balanced approach" but it should direct Fingal County Council to implement the approach and not just refer to it. It is interesting that there is far more emphasis on the habitats directive compared to the EU regulation on noise with regard to the balanced approach.

Will Fingal County Council's development plan be amended to ensure dual and independent runway operations? Will that plan foresee an increase in aircraft movements, especially when new technology becomes available that enables different types of aircraft approaches such as satellite guided approaches, the ground-based augmentation system, GBAS? Does Fingal County Council have expertise in the runway operations, runway techniques, aircraft noise monitoring, aircraft and engine performance, aircraft noise abatement and other areas I mentioned, which is essential for performing the function of the competent authority for aircraft noise? If not, how will it secure this expertise, from whom and what is the estimated cost?

Exclusive competence does not apply to the operating restrictions relating to safety imposed by the Irish Aviation Authority. Will the Minister please clarify this?

What control costs are placed on the competent authority and how is it controlled? It appears to be a blank cheque. Is there an appeal on costs or can this be controlled by some other process? I have a number of other questions but I must give way to my colleague Deputy O'Brien. I acknowledge that the Minister will facilitate, I hope, robust further scrutiny of the Bill on Committee Stage and that he will take on board the concerns of the Members on this side of the House when we reach Committee Stage in the new year.

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