Robert Troy (Longford-Westmeath, Fianna Fail)
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19. To ask the Minister for Transport, Tourism and Sport when he completed the statutory instrument giving authority to the Irish Aviation Authority for the control of noise levels at Dublin Airport; the consultation he had when preparing this; and when he will publish the statutory instrument. [14446/17]

Robert Troy (Longford-Westmeath, Fianna Fail)
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Before beginning I ask for the Leas-Cheann Comhairle's forbearance so we can express our sympathies to the family of the late Captain Dara Fitzpatrick, who tragically lost her life on Rescue 116 last week. We think of the families of the remaining crew, Captain Mark Duffy, winch operator Paul Ormsby and winch man Ciarán Smith. It is fair to say that across all political divides, our thoughts and prayers are with the families. These are invaluable services and I think of those people today. I understand the wreckage has been found in the past hour and I hope and pray the bodies of the missing crew members will be located.

My first question relates to the statutory instrument that gives authority to the Irish Aviation Authority for the control of noise levels at Dublin Airport. When was it completed and what level of consultation did the Minister have with the various stakeholders? When will the statutory instrument be published?

Shane Ross (Dublin Rathdown, Independent)
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There is a question about the Coast Guard and I will reciprocate the Deputy's sincere comments, with the Leas-Cheann Comhairle's indulgence, when the question arises. I echo the Deputy's comments in the meantime and it is of course a very sad day for the nation and people of all political parties. Sympathies must go to the families.

I thank Deputy Troy for putting this question. The statutory instrument has not been completed. EU Regulation No. 598/2014 entered into force in June 2016 and is directly applicable in the State.  Key stakeholders were consulted in 2012 on the draft of this regulation proposed by the European Commission for the purposes of informing Ireland's negotiating position in the European Union legislative process.  The regulation represents a shift in responsibility for aircraft noise from the airport operator to a separate, independent statutory entity or competent authority that will be required to oversee the delivery of the new, more prescriptive approach to aircraft noise management.  As the Deputy is aware, I have already announced that I am appointing the Irish Aviation Authority, IAA, as the competent authority to deal with aircraft noise management at Dublin Airport.

Officials in my Department are currently engaged with the Office of the Parliamentary Counsel in order to finalise the details of the statutory instrument that will transpose EU Regulation 598/2014.  Whereas I fully recognise and regret that the legislative requirements to give full effect to this regulation have been delayed, I reassure the Deputy that the reason for the delay is to ensure that the introduction of the new noise regulatory regime is robust and fit for purpose.  Before any decisions are taken on noise-related operating restrictions at Dublin Airport, consultation will be undertaken by the competent authority with all interested parties. My Department has during the course of the drafting process consulted the Irish Aviation Authority and the DAA, given their key interests as prospective competent authority and sole regulated entity.  The draft statutory instrument is nearing completion and I expect to be in a position to sign off on this important piece of legislation in the coming weeks.

Robert Troy (Longford-Westmeath, Fianna Fail)
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The reply is similar to one given to a previous question, that the Minister expects to be in a position to do something in the coming weeks. Will the Minister clarify when is "the coming weeks" and has he a timeline set for when it will be completed? Who are the key stakeholders which have been engaged with? Have members of the residential community in the area been consulted?

The Minister talks about capacity at Dublin Airport. In July last, the Minister and the junior Minister met a lobby group on the operation of a private terminal at Dublin Airport. In September, the Minister announced, perhaps as a consequence of meeting that lobby group, that he would seek tenders for how a third terminal would operate at Dublin Airport. That tender document went out in November and recently, at an aviation group meeting, the Minister stated he could foresee how that tender would come back. The Minister clearly has a vision of how the third terminal will operate at Dublin Airport but I would suggest that until such time as we get the second runway into operation at Dublin Airport, it will not be able to grow and expand-----

Pat Gallagher (Donegal, Fianna Fail)
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Go raibh maith agat.

Robert Troy (Longford-Westmeath, Fianna Fail)
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-----to meet the capacity.

Pat Gallagher (Donegal, Fianna Fail)
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Sin é.

Robert Troy (Longford-Westmeath, Fianna Fail)
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This legislation and statutory instrument is long overdue. The Minister has promised it for a number of months. Perhaps he could be more definite on when it will be implemented.

Pat Gallagher (Donegal, Fianna Fail)
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I ask Members and the Minister to keep an eye on the clock. I do not want to have to intervene all the time to give those whose questions are further down the list an opportunity. The Minister has one minute.

Shane Ross (Dublin Rathdown, Independent)
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There are a lot of questions to answer. The Deputy correctly stated the reply is similar to that on the previous occasion. This is a complex statutory instrument. We do not know at this stage whether there will necessarily be primary legislation but I suspect there will be. As the Deputy will be aware, it is extremely important it is robust and will not be challenged. It is important legislation. It is with the Attorney General and is expected shortly. Indeed, I got a draft of the secondary instrument earlier this week. It is fairly immediate but I do not want to give a hostage to fortune by saying it will be next week or the week after. Let me assure the Deputy that it is a matter of great urgency. He would be the first person to criticise me, if I rushed it through and if it was not done properly. The pressure is certainly on that office.

On the issue of the visit I had from a private group, I do not think my junior Minister was present but he is here and can tell us. If Deputy Troy is referring to the McEvaddy group, it looked for a meeting and I said "yes", but a third terminal was not necessarily on the agenda. I am aware of its interest in that but it wanted to talk to me about aviation in general, and that was absolutely fine.

On the issue of the third terminal, I am seeking consultants to look at capacity.

Pat Gallagher (Donegal, Fianna Fail)
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I am sorry. The Minister will have to tailor his answers. That was two minutes.

Shane Ross (Dublin Rathdown, Independent)
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I will answer that in my next contribution, with this next bit as well.

Robert Troy (Longford-Westmeath, Fianna Fail)
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I was merely referring to an article in the Sunday newspapers resulting from a freedom of information request that stated the Minister of State, Deputy O'Donovan, was present. It seems somewhat coincidental that the Minister met the group advocating a private terminal at Dublin Airport and two months later, announces he is going out tender to seek expressions of interest. Perhaps it is coincidental but I take the Minister's word on that. I certainly hope he will not be influenced by lobbyists.

I raise the issue of the capacity at Dublin Airport, which is now stretched beyond capacity. One of the big restrictions is the need for construction and implementation of the second runway. This is an important instrument. The Minister correctly states it is important that he gets it right. It is important it is robust and that the various stakeholders have their opinions heard. That being said, the Minister promised during the past number of Question Times that it was imminent but it has not been forthcoming. The Minister still cannot confirm to the House whether or not primary legislation is required, and I wonder why. Surely he needs to have a deadline date when he can indicate to the House when this instrument will be ready and whether or not primary legislation is required.

Shane Ross (Dublin Rathdown, Independent)
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I will not give the Deputy a deadline date but it is a matter of urgency. I have made that quite clear. That question was repeated. It is a matter of urgency but I will not say it will be next week when there are complex legal problems involved. Deputy Troy can be assured I will be putting pressure on all parties involved to get this to us quickly. The Minister of State, Deputy O'Donovan, confirmed to me that he was not present at the meeting Deputy Troy referred to. The media report, if it stated he was present, was wrong.

On the issue of the third terminal and capacity, what we will do is have a capacity review. It is important to hold a capacity review because the airport is bursting at the seams. Included in that capacity review - it is not the sole reason for it - is a debate about whether there should be a third terminal, which is appropriate, and included in that is the debate about whether that third terminal should be private or public, and the merits of that. The reason I have asked for this review is that a recommendation can be made on that by an independent group. We will look at it at that stage. I have personal views on it but we will undoubtedly hear the views of someone who is independent and expert. That is why it is being set up. I could have merely stated I want to do it but I will not do that. I want to hear the arguments and views of independent consultants on the third terminal.