Clare Daly (Dublin Fingal, Independent)
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12. To ask the Minister for Transport, Tourism and Sport the measures he has taken to ensure the independence of the Irish Aviation Authority as the competent authority to deal with the implementation of EU Regulation No. 598/2014; the reason he chose this model in view of the fact that other jurisdictions would appear to be opting for a more demonstrably independent authority; and if he will make a statement on the matter. [32768/16]

Clare Daly (Dublin Fingal, Independent)
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The Minister earlier made the point a couple of times that never before was there an authority to deal with noise at the airport. Of course, this is a consequence of an EU directive rather than anything the Government has done. I am not necessarily opposed to the competent authority being set up as part of the Irish Aviation Authority, IAA, but it is a different model from that which is being adopted by other jurisdictions which seem to be operating on the basis of a role for the local authority, the equivalent of the Environmental Protection Authority or an entirely separate new body. Why has there not been a more demonstrably independent body to deal with this critical issue?

Shane Ross (Dublin Rathdown, Independent)
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The new EU Regulation No. 598/2014 stipulates that competent authorities must be independent of any organisation that could be affected by noise related measures at an airport but it specifically allows for that independence to be achieved through a functional separation model. This option for member states in implementing the EU regulation is a recognition of the differing administrative and institutional systems already in place across the EU. A compulsory one-size-fits-all approach would not be appropriate and would inevitably result in the necessity for various EU member states to establish new entities with sub-optimal use of existing resources and entities.

The IAA will be required to conduct its noise related regulatory activities in strict conformity with the requirement for independence. As I have advised the House, it is envisaged that the legislation in preparation in my Department, in consultation with the Attorney General, will specifically require the establishment of a functionally separate unit within the IAA. The IAA has considerable experience in operating a functional separation model. It has been operating that model since 2004 for safety oversight of air navigation service providers under the suite of EU legislation concerning the single European sky. The IAA is also responsible for safety regulation of Irish civil aviation generally, including airports. This experience of the functional separation model will inform the establishment of the required separate unit for airport noise management.

The other main reason for selecting the IAA under a functional separation model for airport noise management in Ireland is that it responds well to the requirement for aviation expertise to implement the new EU regulation effectively. The IAA has much expertise and knowledge of aircraft technology as well as airport and air navigation operations, which are considered essential to fulfil the various regulatory tasks satisfactorily. Although no one entity in Ireland possesses the entire range of expertise and knowledge to implement internally all elements of the International Civil Aviation Organization balanced approach, given the particular relevance of aviation expertise, it was considered that the Irish Aviation Authority was best placed to discharge the regulatory responsibilities involved.

Clare Daly (Dublin Fingal, Independent)
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The IAA is a better option than the DAA or the local authority in the area. That a competent body separate from the IAA is being established is also beneficial but it must be seen to be entirely independent. As this organisation is to be funded from aircraft activity, that is a problem. The Minister has said, and everybody knows, this new body will have the power, without recourse to anybody, to tamper with the existing conditions that restrict night-time activity with regard to the second runway. This relates to the runway not being used for take-off and landing between 11 p.m. and 7 a.m. and not exceeding 68 flights per night. If these restrictions are lifted, there will be a massive negative impact on people in the area. I imagine people will be utterly terrified to hear the Minister's answers to the earlier questions when he said that vital change may occur without recourse to this House. That is in contradiction to previous answers given by the Minister to parliamentary questions I have tabled about the new competent authority. I would like the Minister to be very clear on this.

Will this be done through a statutory instrument signed by the Minister or legislation voted on by Members?

Shane Ross (Dublin Rathdown, Independent)
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I would like to reassure the Deputy on several counts. First, on the issue of whether the regulation will be discussed by the House and whether it will be implemented by statutory instrument or primary legislation, it is expected that we will have a result on this by the end of the year if a statutory instrument is the only course forward. We are in negotiations and talks with the Attorney General's office. If it is necessary to introduce primary legislation, that will be done early in the new year in this House. I have absolutely no problem, whichever course is taken, in bringing this regulation to the Joint Committee on Transport, Tourism and Sport or joining in a debate in this House, which can be through Private Members. It should be debated in the House. I have no problem whatsoever with that but I will not introduce primary legislation if it is not necessary: that would be absurd. It would be a crazy course to take. However, I will do this by statutory instrument if that is possible.

Clare Daly (Dublin Fingal, Independent)
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I am deeply concerned by the contradiction in written replies to parliamentary questions previously in which the Minister stated this would require legislation whereas he is now talking about a statutory instrument.

Bernard Durkan (Kildare North, Fine Gael)
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I cannot allow the Minister to reply. His time is up.