Niall Collins (Limerick County, Fianna Fail)

I thank the Deputy for the opportunity to speak to the House about the important issue of aircraft noise and the aviation sector more generally. I am confident we can all agree, even though it is so often stated, that, as an island nation, aviation plays a crucial role in our economy and society. I welcome the opportunity to discuss the Government’s position on Second Stage of this Private Member’s Bill, the Aircraft Noise (Dublin Airport) Regulation (Transfer of Functions) Bill 2024. The Bill proposes to repeal section 3 of the Aircraft Noise (Dublin Airport) Regulation Act 2019, which designates Fingal County Council as the competent authority for the purposes of the EU aircraft noise regulation and to transfer the functions of the competent authority for the purposes of that regulation from Fingal County Council to the Environmental Protection Agency, and to provide for connected matters. After careful consideration, the Government’s position is to oppose this Bill for a number of reasons, which I will outline shortly.

First, however, the Government recognises the intentions of the Deputy in preparing this Bill, which is to ensure proper and timely regulation of aircraft noise. I also wish to assure the Deputy that Government Members share a number of his concerns about the impact of aircraft noise for those living in and around Dublin Airport. My colleague, the Minister, Deputy O’Brien, has been engaging extensively with a range of stakeholders on the matter in recent months, including residents, airlines, the airport and regulators. Indeed, when the 2019 Act was being drafted, Fianna Fáil colleagues engaged significantly in the development of the text and proposed a number of amendments to the then draft legislation to strengthen the independent functioning of the noise regulator.

However, while brief in its content, the Bill is potentially far reaching in effect. As I will now outline, there are a number of reasons the Government cannot support it. First, the Bill, as drafted, lacks pre-legislative scrutiny and detail on the proposed transfer of function. When the 2019 Act was being drafted, the process was subject to an extensive consultation and scrutiny with key stakeholders.

I am sure the House will agree that there is a reason it is generally the case that complex and far-reaching legislation such as the 2019 Act is developed within the confines of Government and follows strict processes, including lengthy consultation, legal advice from the Attorney General, scrutiny by Oireachtas committees and extensive engagement with stakeholders. This draft Bill has not been subject to such a robust process of scrutiny or public consultation and as such it does not include the necessary detail on a number of key issues, most notably how the transfer of functions between Fingal and the EPA would be achieved in practical terms. It is unrealistic to transfer the functions of the competent authority to the EPA in circumstances where it is not clear if the organisational capability and structure of the EPA has been considered and whether the requisite planning and noise expertise is in place. As drafted, the Bill appears to assume that systems and personnel exist to give effect to its provisions. However, this is simply not the case.

At the time of drafting of the 2019 Act, a number of agencies were considered for the role of competent authority with responsibility for noise regulation, including the EPA. When evaluating the various options available, a number of factors were considered, not least the availability of potential agencies to provide an independent aircraft noise regulation process in accordance with EU Regulation No. 598/2014, which deals with the establishment of rules and procedures regarding the introduction of noise-related operating restrictions at Union airports. This regulation implements the International Civil Aviation Organization's balanced approach to aircraft noise management, which takes into consideration a range of measures such as operational restrictions, noise mitigation techniques and land use planning before implementing any noise-related operating restrictions. Therefore, a key consideration when selecting the competent authority was that it required organisational experience in assessing planning applications. In short, it was concluded that the EPA did not have the requisite experience in assessing planning applications to fulfil this role. I am informed that this remains the case.

In 2006, the EPA was designated as a national authority under section 5(1) of the European Communities (Environmental Noise) Regulations 2018. This role requires the EPA to exercise general supervision over the functions and actions of noise-mapping bodies and action planning authorities, including Fingal, with regard to the Dublin Airport noise map and action plan. It further requires the EPA to provide guidance to such bodies where necessary. Any consideration of the EPA for the role of competent authority would require an assessment of whether it could be considered independent in its capacity as a competent authority under EU Regulation No. 598/2014 given its existing role.

Regarding the independence of the competent authority, as outlined earlier, the designation of Fingal as the competent authority was subject to extensive debate in the Dáil and Seanad and during the pre-legislative scrutiny of the 2019 Act. I am informed that the Department of Transport sought legal advice on the matter at the time to ensure the selection of Fingal met the independence criterion of EU Regulation No. 598/2014. As the Deputy is aware, the 2019 Act explicitly states that the competent authority shall be independent and not subject to the direction of any other persons, including the elected council. While within Fingal, the aircraft noise competent authority, commonly known as ANCA, operates as a distinct and independent entity, a further significant factor for consideration is the fact that the regulation of noise at Dublin Airport is invariably tied to the development of the airport and the planning process. In this respect, Fingal was adjudged to have the necessary experience to assess planning applications and have both the organisational capability and structure to take on this regulatory role.

My fourth and final point is that the 2019 Act provides for a review of the performance of ANCA within seven years of enactment with regard to its functions under the legislation. The first such regular periodic review is due to be commenced by September 2026. I firmly believe that if we are to achieve coherent, lasting improvements in regulation, we must ensure that our legislative efforts are co-ordinated and consistent. I believe that pre-empting this formal review process at this juncture, no matter how well intentioned, would both undermine the intent behind the original legislation and existing regulation of noise at Dublin Airport.

Dublin Airport is a critical driver for economic growth and supports many jobs both directly and indirectly. It is important to the Government to balance these economic benefits of aviation with the objectives of the national aviation policy and the legitimate rights of local residents, which is why it is essential that we have a robust, practical regulatory framework for aircraft noise. In this context, I am pleased to say that my colleague, the Minister, Deputy O'Brien, and this Government are committed to reviewing and updating the national aviation policy in line with the commitment in the programme for Government. As the Minister, Deputy O'Brien, has previously indicated, he will engage with colleagues across the House as work on that review progresses in the latter part of the year. For the numerous reasons I have outlined, the Government considers that this Private Members' Bill should be declined a Second Reading.

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