Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

The arguments Deputy Clare Daly made about fines possibly being more effective than court proceedings are perfectly reasonable but I happen not to believe them. I do not believe that fining a State monopoly is an effective way of deterring it from doing things that I hope it will not do. The threat of High Court proceedings is likely to be more effective in deterring it from doing what has been outlined. The regulator and the DAA could, if they so wish, agree a fine system based on the Manchester model. I do not need to mandate that. This is a matter of judgment and opinion, not of great ideological or practical significance, on which the Deputy, along with other Deputies on her side of the House, and I disagree. I believe that the prospect of proceedings in the High Court will make the authority think twice about taking an action which we want to discourage, and that the threat of a fine will not deter it.

Deputy Brendan Ryan asked why fines were not appropriate. The reason is that we do not believe they would be effective. I acknowledge he is persistent about the letter but I cannot say much more about it than I have said, except that these issues have been addressed. Fingal County Council is happy that it is independent, as are all the other bodies which others have judged not to be independent. We believe that at this stage it is time to move on and that the council's independence has been established.

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