Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

Deputy Troy spoke about health. I have lived right beside the airport for my whole life and, like Deputy Clare Daly who worked there, I know many people who work in the airport and depend on it for their livelihoods, to pay their mortgages and to put their kids through college. It is a very important economic driver, of that there is no doubt. I have stated that at every stage. What is of crucial and equal importance, however, is to ensure affected residents in the relevant areas have their genuine concerns heard. When the Bill was published first, there was a great deal missing from it. I would have preferred us to have gone down a different road with regard to the competent authority and I tabled an amendment on Committee Stage on the establishment of a separate executive role, which was voted down by other Members who are here today. That is a pity as it could have been passed. Nevertheless, it was voted down.

The health and well-being of communities adjacent to the airport is crucial. I will be living under the flight path for the new runway and I want to speak specifically about expanding the existing noise regulation, the insulation scheme and voluntary purchase. The amendment in that regard is one that my party and I worked on specifically and pushed time and again. We have managed to ensure that the DAA no longer has the whip hand to decide who is in the voluntary purchase scheme, who is out and what the terms of the scheme will be. Residents in the St. Margaret's and Old Cloghran areas in particular have genuine gripes about how they have been treated over the years. I have sat in meetings with them and tried to mediate between them and the DAA. I have told the Minister on a number of occasions that the DAA must go a lot further and improve the offers that are there. The authority must also look at the purchase of land for those who wish to leave. As a result of constructive efforts here, albeit not all Opposition Members were constructive, we have managed to make the changes to the legislation which mean it will no longer be Dublin Airport Authority telling people cannot join the scheme and setting out the terms, it will be the competent authority set down in legislation. That is a fact and it cannot be disputed. That is why we supported the amended Bill on the last Stage in the Dáil. That is just one of a number of changes that were made and I will mention others.

To recognise that amendments were made to the Bill and to make amendments but then vote against the Bill is contradictory in itself. We are getting changes that improve the Bill. We are setting up a competent authority and improving its independence and that is what I want. Involuntary purchase is crucial. I urge the Minister to engage with the residents and to meet, in particular, as he said he would, with those from St. Margaret's and Old Cloghran. If the legislation passes, it is a fact that the decision on who is in the scheme, the terms of the scheme and its remit will no longer rest with the Dublin Airport Authority, which is only right and proper. I worked particularly closely with the Dublin Airport Stakeholders Forum and its members on the noise insulation scheme to see how it could be expanded. We have been waiting for this legislation for two years and more if one goes back to 2014 when a Bill could have been brought through. We have been in limbo with a noise insulation scheme which is not far-reaching enough. Again, the airport authority was making the decisions on whose homes or businesses were insulated and whose were not. When the amendment was tabled by Fianna Fáil in the Dáil, I said I would work with everyone, including Government and officials, to ensure it was tweaked to make it workable. I have insisted further on official notes on the Department's understanding of the amendments. It means the competent authority will take over the existing noise insulation scheme and have the remit to expand it to the noise contours. Another change we made was to make "contour" plural to cover the existing and new runways. It will be the competent authority that makes the decision. The official note has been circulated by me and is available to all Members.

I refer to both the noise insulation and voluntary purchase schemes because I want people looking in to be really clear. It is important because there are those who are trying to muddy the waters. The official note says that, taking the revised section 20 together with the existing section 29, all existing noise insulation schemes, whether brought about through planning conditions or at the initiative of DAA will come under the remit of the noise regulator. The noise regulator will have the power to determine the relevant noise contours within which the noise contours scheme apply, including expansion of those noise contours or a review of eligibility as it deems necessary. All powers of the regulator, including monitoring and enforcement through its powers of direction, will apply to these schemes. The note further states that in addition to this, the voluntary purchase scheme will also automatically come under the remit of the noise regulator on the enactment of this Bill by virtue of this section. That mitigates the need for the additional amendment we put forward on the voluntary purchase scheme. That is an official note of the Department of Transport, Tourism and Sport and it is in the Bill now.

I know we are not going to conclude the debate this evening. I have participated in this debate on all Stages, as have most colleagues, to be fair. When we go through the Bill, we will see that many other changes have been made on health, EU night noise regulations and WHO regulations.

This legislation needed to be strengthened. It must take a balanced approach to residents in the affected areas as the airport expands. The Bill does not automatically set aside night flight restrictions. I unequivocally oppose unrestricted night flights, as I have said time and again. Should the Bill pass, none of the existing conditions will be set aside. Thanks to my party's amendments, the Bill makes specific reference to An Bord Pleanála. That is important.

Imperfect as it was on publication, we have tried to improve this legislation at each Stage in a way that ensures an important economic driver can continue supporting jobs and growth while taking into account the neighbouring communities, one of which I have lived in for my whole life. I have pandered to no one. I have listened to my constituents, to whom I am answerable. I also have a responsibility to tell them the truth about what the Bill now contains. I respect that people can have different opinions - I am not saying I am right on everything - but I know what changes we have made to the Bill. Should it pass, I will be able to stand over it now that it has been changed significantly.

I wish to ensure that, after the Bill is passed and the competent authority is established, there is proper engagement with residents, in particular those whose homes are at risk. Some will need to move even though they do not want to. They should have been offered a better scheme at the time. I am working with them so as to ensure that they get a proper and fair deal should they move. Under this legislation, that will not be the decision of the DAA. Rather, it will be the decision of the competent authority, which will be independent of the DAA. That is only right and proper. I have fought tooth and nail to get that measure included. I thank the Minister's officials for their hours of work and the documents that have been sent to me, Members who are present and other Deputies who have engaged with the process in an attempt to improve the legislation.

Had I been in government previously and had a chance to introduce regulations, I would have started this process sooner and done it differently, but I must work within the current parameters. As it should be, the noise insulation scheme will be expanded and will be under the remit of the competent authority. In real terms, the voluntary purchase scheme was not voluntary at all. Due to their proximity to the existing and new runways, many families will have to move for their own health and well-being. They need and deserve to be treated better than they have been so far. The competent authority will be told what it must do by primary legislation and will be the arbiter.

Should the Bill pass, I want that element to progress quickly so that residents' concerns can be addressed. The valuation process that has taken place in the Ward and St. Margaret's area has been unfair. Properties have been undervalued. Proper compensation was not offered. It should have been. Residents should not have spent years dealing with this issue. At least there will be a mechanism to address it now. That is an improvement on the status quo.

If Deputies vote against the Bill at this late stage, where will we go from there? When will the next Bill be? Do we ignore the legal advice on the IAA and just introduce and pass other legislation? I would have rathered the IAA be the authority. We all expected it to be. I cannot ignore the legal advice, though. Instead, we have tried under this Bill to give independent functions to the new competent authority, for example, reporting and oversight. We have involved An Bord Pleanála and removed the measures that would have allowed the DAA alone to make determinations on how residents were impacted. Health is a crucial component. Deputy Troy has addressed it. We have ensured that definitions and regulations are included in the Bill and the official departmental notes as opposed to just being referenced. That is the truth.

These are the facts about our amendments and the welcome amendments made by others. Once legislation has been improved by amendments, will we just vote it down? I am unsure about the logic in that. If we try to improve legislation and add new sections to it but still disagree with it, where do we go? Do we leave residents in-----

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