Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

As the Deputy would expect, I will not be accepting these amendments for the same reason I gave on Committee Stage. I set out the purposes of these provisions on Committee Stage and I will briefly reiterate these now. These sections provide clarity that any existing noise mitigation measures and operating restrictions, whether in effect or not, will come under the remit of a noise regulation and the full provisions of this Bill and regulation 598 will apply to them. This includes the noise insulation scheme, about which we have just spoken, and any measures attached as conditions to an existing planning consent, including the current operating restrictions which have not yet been activated. Simply put, all legacy measures related to noise management will transfer to the remit of a new noise regulator.

It is vital that the noise regulator is empowered to take a full view of all existing and potential future noise mitigation measures and operating restrictions at the airport. This is in order to apply the balanced approach properly now and through each future regulatory cycle. To be able to regulate, monitor and manage noise at the airport now and into the future, the noise regulator has to be able to review and consider how well existing measures are working, whenever they were introduced. Technology and noise management solutions are bound to change and simply because something is effective at offsetting noise today does not mean it will be effective forever.

I know there is a deep suspicion that these sections are about undoing the operating restrictions that are attached to the new second runway at Dublin Airport. They are not. However, they allow the noise regulator to review these restrictions and other measures, if it has cause to.

It is no secret that the DAA's position is that the operating restrictions attached as conditions to the planning permission for the new runway mean that the new runway is unworkable. The company has explained that the effect of the restrictions will be to halve the number of night time flights from current levels. It claims that this will have serious implications for connectivity, passenger choice and future growth at the airport. I do not know the extent to which that view is correct and I do not know if the operating restrictions are the right solution to managing the noise impact of the new runway. I suggest that nobody in this House knows that either. However, I know it is perfectly sensible to allow the new noise regulator to review them, if it has cause to do so. If it decides to do so, that review will have to be done under the balanced approach, as set out in regulation 598 and reinforced by this Bill. There will have to be extensive technical assessment and public consultation. Should this take place and should there be a decision at the end of it, that decision will ultimately be appealable to An Bord Pleanála. That approach is open, transparent, fair and balanced. There is no pre-determined outcome to any such review of existing measures. It would be entirely nonsensical to prevent the new independent noise regulator - operating in accordance with EU and national law - from examining, in the course of its comprehensive regulatory review, the impact and continued effectiveness of legacy noise management measures. As a point of principle, the noise regulator has to have the legal powers to review, revise or replace noise mitigation measures from time to time as new technology comes on board or as better options come to light.

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