Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I thank Deputies for their contributions. The differences between the two sides are not huge, or the language may or may not be as important as Deputy Daly has said.

It is about how measures are rolled out and implemented. The term "defer" which the Deputy wishes to replace does not refer to putting things off on the never-never. The purpose of the use of the term is to give the regulator the necessary flexibility to include in a regulatory decision a requirement for the immediate implementation of noise mitigation measures and to set out future measures that need to be implemented in the event that certain activity levels are reached. This is because it is possible that certain elements of a regulatory decision are triggered not on the day of the decision but at some future date or on foot of some future event. For example, some noise mitigation measures may be triggered by a certain number of aircraft movements. These sections simply allow the regulator to provide for that.

I have examined the Deputy's amendments carefully and sought further legal advice on them. I am advised that what we have provided is standard language in legal drafting and has been prepared in consultation with the Office of the Parliamentary Counsel. It is therefore more legally sound. On the other hand, the expression "a lead-in time" while well understood colloquially is not typical legal drafting language. For the same reason, the word "defer" is preferable to the word "authorise" in this context and in legal drafting. That is my legal advice. I admit that the distinction does not lend itself to the most satisfying level of public debate. I hope, however, that we can accept that there is no substantive disagreement here and that this simply is a matter of better drafting. Whatever is in the regulatory decision will have to be implemented. On the more substantive matter, the regulator may defer, under the Bill as drafted, the implementation of a noise mitigation measure by the regulated entity but must specify the date or triggering event on which the measure will come into effect and publish reasons for any such deferral. I hope this helps to clarify my reasoning in not accepting Deputy Clare Daly's amendments.

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