Clare Daly (Dublin Fingal, Independent)
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35. To ask the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 50 of 7 December 2016, if the statutory instrument or primary legislation to transpose EU Directive 598/2014 is imminent; and the date upon which either or both will be brought before the Oireachtas Joint Committee on Transport, Tourism and Sport for discussion. [6029/17]

Clare Daly (Dublin Fingal, Independent)
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This question relates to previous ones regarding the transposition of EU Directive 598/2014 on airport noise, a measure put forward, ironically, to benefit communities afflicted by airport noise but which is being met by the communities around Dublin Airport with some concern because the Dublin Airport Authority, DAA, plans to use this vehicle to overturn the existing conditions which will restrict night time flights on the new runway. Where do matter stand regarding the statutory instrument or primary legislation that will be necessary to give effect to this?

Shane Ross (Dublin Rathdown, Independent)
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​On 22 September last, I announced details of the manner in which EU Regulation 598/2014, on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions is to be implemented in Ireland. As I explained previously, this will require the introduction of a statutory instrument, which will see the Irish Aviation Authority, IAA, as the designated competent authority to oversee the shift towards a more prescriptive approach to noise management at Dublin Airport, in line with European and international civil aviation standards.

Before the IAA as competent authority makes any decision about noise-related operating restrictions at the airport, there will be an obligation for full public consultation and all stakeholders will be able to give their views. The IAA will have to organise consultation processes, including with local residents and local businesses, in a timely, substantive, open and transparent manner. All interested parties will be given at least three months to submit comments every time a change in the operation restrictions is proposed.

All obligations concerning environmental impact assessments will be met in relation to the impacts of airport noise. There will also be extensive collaboration with relevant stakeholders including An Bord Pleanála, the Environmental Protection Agency, the relevant planning authority, the airport operator and the air navigation service provider.

Officials in my Department are currently engaged with the Office of the Parliamentary Counsel in order to finalise the details relating to the statutory instrument which will transpose EU Regulation 598/2014. This is a complex area of work and one which requires a great deal of consideration with the aim of achieving an efficient and comprehensive regulatory regime for noise management at airports. The timing and extent of the primary legislation required will be guided by the advice received by Attorney General's Office.

Given that legislation on this topic will be of interest to the House, especially to Deputies living in the vicinity of Dublin Airport, I intend, as previously offered, to present my plans for any primary legislation to the Oireachtas Joint Committee on Transport, Tourism and Sport, at the earliest possible opportunity.

Clare Daly (Dublin Fingal, Independent)
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We are running in circles to stand still because my question was when might that happen and I am still none the wiser. The Minister laid great emphasis on the delivery of a statutory instrument to deliver these changes. In the final part of his reply, however, he referred to primary legislation. When we raised this matter previously, primary legislation was deemed to be required. When we inquired about the position in recent months, we were informed that the Attorney General was examining it. I am not sure about the Attorney General's productivity output but the Minister should ask her to get a move on because the people in the area are seriously concerned. Kevin Toland from the DAA addressed a conference last week and made it abundantly clear that the intention is to overturn the two conditions to restrict night-time flights contained in the planning permission relating to the new runway.

That is a no-go area for residents, who want to know what power their elected representatives will have to make an input into this process before it is handed over to the Irish Aviation Authority. I am still none the wiser. When will the statutory instrument be considered by the joint committee? Can we say with certainty that primary legislation will be needed as well?

Shane Ross (Dublin Rathdown, Independent)
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The Deputy has a point about the delay. I regret the delay, which has arisen because the legal aspects of this matter are being looked at. I said I hoped to have it done by the end of the year. It is now five or six weeks late. I suppose in some ways it is indicative of the fact that the Office of the Attorney General is determined to ensure the rights of the people represented by Deputy Clare Daly are not infringed and are protected. I have always been determined to ensure the State monopoly does not ride roughshod over the rights of anyone, particularly the residents to whom the Deputy has referred. I hope this delay will be ended very shortly. I asked about it in preparation for Deputy Daly's question when I learned it was coming up. Primary legislation will be needed to alter the Planning and Development Acts to allow An Bord Pleanála and the Irish Aviation Authority to work together at the airport in future. It is not a major issue. I think there will be a statutory instrument. The legislation is not as urgent as the statutory instrument. When both of them come through, I will bring them to the House or the joint committee.

Clare Daly (Dublin Fingal, Independent)
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I am glad the Minister has recognised that the residents are facing huge uncertainty. It strikes me, not for the first time, that we might need a new Attorney General and a bit of an improvement on the homework brigade. The Minister has repeatedly given a commitment that the rights of the local community will not be reduced by the daa. He has said there will be a consultative forum with the Irish Aviation Authority in the transposition of this directive. I wonder whether the forum group that represents the broad scale of the residents' groups in the area might be given a seat on the board or around the table during the consultation process. The Minister and all the local representatives have previously met members of the combined St. Margaret's group. Is he aware that the residents are having great difficulty in getting the daa to deliver on some of the homes that need to be bought out? I know the Minister has repeatedly put on the record his commitment to consultation with the local community. We are looking for some indication that this will be followed through in the statutory instrument and the primary legislation. Once that is in, the residents will be able to kiss goodbye to any form of autonomy or say.

Pat Gallagher (Donegal, Fianna Fail)
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In accordance with Standing Orders, I will allow Deputy Troy to ask a short supplementary question before I call the Minister for a final response.

Robert Troy (Longford-Westmeath, Fianna Fail)
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Despite the answer the Minister has given us today, we are none the wiser on whether a statutory instrument will be used alone and exclusively to give the Irish Aviation Authority the authority to adjudicate on noise levels. Will primary legislation be required as well? It appears from the programme of legislation due before the Oireachtas, as published at the start of every session, that primary legislation in this regard is promised for later this year. I share Deputy Daly's concern about the need to ensure there is due process for the residents who live in close proximity to the airport. However, there is also an urgent need to get the second runway at Dublin Airport, which is critical infrastructure, commenced and built in the interests of economic development and tourism. It is regrettable that the Minister is not in a position to give a more concrete reply regarding what is needed and when it will be implemented.

Shane Ross (Dublin Rathdown, Independent)
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Deputy Troy is right when he says there is a need for urgency. We need to get the second runway going because the airport is running at close to full capacity and could be running over capacity if we are not very careful. While I absolutely accept the need for urgency, I emphasise that there are conflicting rights here. Obviously, the Irish nation has the right to have a fully working economy and needs an airport that is working at capacity for those purposes. Residents also have rights, however, for example with regard to the noise issues. The delays in this regard have been caused by those conflicting rights. I assure the House that I understand the urgency in this regard. I am aware of it on a daily basis. I have made it quite clear that primary legislation will be introduced in alteration of the Planning and Development Acts to regularise the relationship between An Bord Pleanála and the Irish Aviation Authority. There will almost certainly be a statutory instrument as well. We are waiting to hear from the Attorney General on that.

Deputy Daly has proposed the novel idea that consumers and activists who are not part of the great and the good in these State monopolies should automatically be parachuted from on high onto State boards. Although I have made a suggestion in my new plan for appointments to State boards, I am not making any promises in this regard. I think there is a case for allowing ordinary consumers who use these services of organisations like the daa and the Road Safety Authority, or are involved in a different way in these areas, to be put on the boards of such bodies. Vacancies on the board of the daa will come up shortly. I will consider advertising in public for the users of these services to get involved. I am not making any promises with regard to political activists. I am not sure that would necessarily be-----

Clare Daly (Dublin Fingal, Independent)
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I want them to be involved with the Irish Aviation Authority as part of the consultative process.

Shane Ross (Dublin Rathdown, Independent)
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Does the Deputy want them to be on that board as well?

Clare Daly (Dublin Fingal, Independent)
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No, instead.

Patrick O'Donovan (Limerick County, Fine Gael)
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Does the Deputy want to have them flying the airplanes as well?

Shane Ross (Dublin Rathdown, Independent)
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We will take one step at a time.

Clare Daly (Dublin Fingal, Independent)
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We can start with this measure.