Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

It is very important that we get the context of this. It was delivered at a very early stage, in 2017. The Deputy said it was last year, but it was not.

I am aware of the recent report in The Irish Timeson issues raised by Fingal County Council in 2017 around its suitability for the job of noise regulator. To be clear, these concerns were raised during the exploratory process undertaken by my Department to identify a suitable State body to be the noise regulator when it became clear that the IAA was not suitable. There were initial concerns, all of which were addressed. I understand that the very same matter was reported by RTE last October following the pre-legislative scrutiny stage of this Bill. To my mind it simply reveals that there was a process which included exchanges of views, discussions of key issues and risks and, importantly, legal and policy advices on these issues. It also reveals that many of the issues raised in this Chamber and on Committee Stage about the suitability of Fingal County Council as the noise regulator were discussed and fully worked through before any firm proposal was put to me and before the Government was asked to make a decision on the matter. Moreover, I advised this House during the same period that the work to identify a suitable body to act as the noise regulator was going on behind the scenes at official level.

It is interesting that, in the context of this Bill, I have been accused of making it up as I go along and not thinking things through. The record actually shows that issues such as suitability, resources and potential conflicts of interests surfaced early on and were examined and addressed. There were no surprises. It is already a matter of public record that Fingal County Council had concerns at the outset. It shared those concerns, which is healthy. It certainly counters any suggestion that this was some sort of ready-up or that Fingal County Council has some hidden vested interest in being the regulator, which has been the undercurrent in some contributions to this debate. This regulatory function is being assigned to Fingal County Council because of its experience of and existing responsibilities for environmental regulations, including environmental noise for planning and development, and in respect of managing large and effective public consultations, as I have outlined many times before. Due diligence was carried out by my Department and the Department of Housing, Planning and Local Government, Fingal County Council and the Office of the Attorney General. This was the correct approach. All issues were aired, analysed and examined in an objective, evidence-based manner. There is no issue of conflict - that has been legally tested - and the resource issue has also been addressed.

See this speech in context