Dáil debates

Wednesday, 13 February 2019

Aircraft Noise (Dublin Airport) Regulation Bill 2018: Report Stage

 

8:15 pm

Photo of Shane RossShane Ross (Dublin Rathdown, Independent) | Oireachtas source

The debate has been very useful. I acknowledge that there is a great deal of sincerity and merit in what many speakers have said, but I think they miss the point that it is very difficult to make changes to the Bill and that it is very difficult to accept many of the amendments because we are implementing an EU directive which we cannot change. We are now dealing with the most contentious issue, the one in which we do have a choice and we have made a choice. It has been our decision to appoint Fingal County Council as the noise regulator. I know from the debate that it is not popular in some quarters and understand the historical background to the perception, but that does not mean that the decision we have made is not the right call. As I made clear on Committee Stage, the regulatory process will be robust, rigorous and immune from inappropriate outside influence. The choice of Fingal County Council has been rigorously tested, including on points of law, and has withstood those tests. That is why I am holding firm on the decision which was made by the Government last year. Fingal County Council is the right choice and the Bill provides for a robust system of checks and balances which will ensure an open and transparent process that will fully appealable to an independent body in the form of An Bord Pleanála. Something that has been noticeably missing from the debate is an acknowledgement that there is a right of appeal to An Bord Pleanála which has full step-in regulatory powers.

The Bill is of significant national importance. The only viable option is availig of the full structure, experience and accountability of Fingal County Council. I am confident that the council will be a robust regulator and that, once in place, it will carry out the functions of the competent authority in an open and transparent manner. The Bill supports Ireland's connectivity and economic progress and provides a strong and independent regime to regulate noise levels at Dublin Airport to ensure residents' rights will be protected. I believe in the effectiveness of local government by local authorities. I believe giving Fingal County Council additional legal powers to regulate noise levels at Dublin Airport makes perfect sense. It is joined-up public administration and empowering local government. Allowing a local authority to make local decisions is in the best interests of providing a readily accessible, fully transparent and locally accountable process for managing and monitoring noise levels at Dublin Airport. For these reasons, I will not be accepting the amendments.

The points the Deputies are making have some merit. Conflict of interest is one issue they have all raised. I accept that Fingal County Council receives 8% of the revenue. The Deputies are correct, but that means that 92% of revenue comes from elsewhere. For people such as Deputy Broughan, to use such rhetoric in this House as the regulator must not be totally captured by companies it regulates-----

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