Brendan Ryan (Dublin Fingal, Labour) | Oireachtas source

I am supportive of amendments Nos. 86 and 93 which provide for financial penalties. My amendment No. 89 is slightly more focused. It is designed specifically to encourage the use of quieter aircraft and to give the competent authority the power to direct the DAA to fix charges based on noise in respect of a particular aircraft or class of aircraft. Obviously, some older aircraft are noisier than the new ones. Noisier aircraft should be penalised. The objective is to control the level of noise at take-off and on landing and to promote compliance with noise regulations and noise requirements. These penalties, if applied, should be additional to any regular charges for use of airports. These penalties would be specifically related to noise issues and would be in addition to standard airport charges. As provided for in the amendment, these would be fixed following consultation with stakeholders and with a view to reducing inconvenience from aircraft noise.

I hope these amendments will be accepted but even if they are I will still have serious concerns about the independence of the competent authority. If it is the case that some of us in the Opposition are right and the competent authority proposed by the Minister turns out to be not as independent as designed we will face serious issues.

I wish to return to the importance of the letter from AnnMarie Farrelly to the Department on this matter. She states that currently Fingal County Council has an extensive remit in both shaping and determining the strategic direction of Dublin Airport. Towards the end of the second page, she says that in light of the existing complex and varied role that Fingal County Council plays, as outlined above, it is considered that the council may not be best placed to act as the competent authority for the purposes of the implementation of regulation 598/2014. In saying that, she makes particular reference to clause 13 of regulation 598/2014 and picks out the language in it which she and the local authority believe works against the council being the competent authority. She refers specifically to clause 13, as have many of us the Opposition side. She goes on to say in the second last paragraph of the letter that in the context of clause 13, which we are trying to incorporate into Irish law, competent authority may be a role for other independent bodies which do not hold conflicting responsibilities. She is clearly stating that it is her view that the council holds conflicting responsibilities which indicate that it should not be the competent authority.

I raise this issue again because we are edging towards the end of this debate and it is probably the final opportunity I will have to raise it. I am asking the Minister, even at this late stage, to reflect on this issue between now and the Bill's return to this House from the Seanad.

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