Clare Daly (Dublin Fingal, Independent)
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9. To ask the Minister for Transport, Tourism and Sport if the IAA remains the first choice as competent authority under EU Regulation 598/14; if not, the reason therefor; and when the decision will be finalised in the context of the ongoing development of the new runway at Dublin Airport. [42143/17]

Clare Daly (Dublin Fingal, Independent)
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This time last year, the Minister promised me that legislation would be before us by Christmas to give effect to EU Regulation 598/2014 installing the Irish Aviation Authority, IAA, as the competent authority dealing with aircraft noise. In the year since then, the Minister has told us that it was the organisation best placed to do that job even though nothing is in place to bring that any nearer to completion. Is that still the Minister's preference, and when will we see legislation or a statutory instrument to give it effect?

Shane Ross (Dublin Rathdown, Independent)
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I thank Deputy Daly for the chance to answer this question and update to the House on this very important issue. As Deputy Daly will be aware, there is a certain repetition in terms of what is happening here today. In September 2016, I announced my intention to designate the Irish Aviation Authority, IAA, as the competent authority under EU Regulation 598/2014, and so charge it with responsibility for managing aircraft noise.

The proposed nomination of the authority for this function was in line with the approach in many other European member states, and it was broadly consistent with previous practice in assigning aviation regulatory functions to the IAA.

This proposed approach was supported by legal advice at the time. It was pursued by my Department as the most straightforward way of activating the regulation and facilitating its timely implementation in Ireland, which is in everyone’s interest. The function was to be assigned to the existing regulatory division in the IAA and was to be managed on a functionally independent basis from the commercial activities of the IAA in the provision of air navigation services.

On foot of the most recent legal advice of senior counsel engaged by the Office of the Attorney General, it is clear that this approach is no longer advisable. Case law at European level has now led to a more strict interpretation of what constitutes functional independence within an organisation. The necessary staffing, reporting, accountability and funding arrangements required to meet the new benchmark of functional independence simply meant that the IAA was no longer a viable option. In effect, the requirements to ensure the independent exercise of the competent authority role would not be consistent with the principles of good corporate governance of the IAA as a whole.

I have already instructed my Department to re-engage with the Departments of Housing, Planning and Local Government and Communications, Climate Action and the Environment as a matter of urgency to consider the possible options for assignment of this role to an existing State body. I will talk to my two Cabinet colleagues and will advise the Deputy once a decision is made.

Arising from the latest legal advice, the Deputy will be also-----

Pat Gallagher (Donegal, Fianna Fail)
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We are already over time.

Shane Ross (Dublin Rathdown, Independent)
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I will just finish-----

Pat Gallagher (Donegal, Fianna Fail)
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No, the balance-----

Shane Ross (Dublin Rathdown, Independent)
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I now intend to implement the legislative changes-----

Pat Gallagher (Donegal, Fianna Fail)
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I am being too lenient and that is the problem.

Shane Ross (Dublin Rathdown, Independent)
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-----mainly and probably wholly, through primary legislation.

Pat Gallagher (Donegal, Fianna Fail)
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The balance of the reply can be included in the Official Report.

Shane Ross (Dublin Rathdown, Independent)
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I will use it in the second part because it is a very important-----

Pat Gallagher (Donegal, Fianna Fail)
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Perhaps the Minister should adopt that practice from now on.

Clare Daly (Dublin Fingal, Independent)
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I feel almost embarrassed for the Minister and the unenviable position he is in because this is a catastrophic failure on the part of the Department of Transport, Tourism and Sport. I could paper my house with the amount of replies I have received telling me that the IAA was best placed to be the competent authority to implement this regulation. In June the Minister told me the Attorney General was drafting and was about to sign off on the seventh version of draft regulations to give that effect. He said he expected that to happen in a week's time. That was the new Attorney General who has obviously stood on its head the advice of the old Attorney General. Now we find out, a year and a half down the road, that we are in the lap of the gods as to what alternative authority will be put in place to deal with aircraft noise. The regulation is supposed to protect airport communities but we know the DAA intends to hijack it to undermine the conditions restricting aircraft noise. This is a huge issue for the airport communities and they will be absolutely shocked to their core to hear the response from the Minister today. I feel sorry for him, having to give that response.

Shane Ross (Dublin Rathdown, Independent)
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The Deputy should not feel sorry for me. I am frustrated and extremely disturbed by the fact that this is taking so long and I apologise for that. However, I cannot do anything other than follow the legal advice I am being given. That it is taking a long time is something I would not like to see repeated in relation to other issues.

The Attorney General had previously advised that the legislation could be substantially implemented by a statutory instrument under the European Communities Act. However, arising from the latest legal advice, the Deputy will be interested to know that I now intend to implement the legislative changes mainly, and probably wholly, through primary legislation. This is as a result of legal questions which were raised in the drafting process and takes account of developments since previous advice was given, not least that there are matters already before the courts in relation to the new runway at Dublin Airport. The latest legal advice is that the more secure approach now is to proceed on the basis of primary legislation. I clearly have no option but to follow this advice. While I am deeply frustrated at the delay to which this gives rise, it will of course mean the House will have the opportunity to examine in detail the implementing measures.

Clare Daly (Dublin Fingal, Independent)
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What adds to the shock in this scenario is the fact that we actually highlighted to the Department the potential conflict of interest and the fact that some of the decisions that were being taken in Europe might lead to the IAA not being the best choice We are obviously very happy that primary legislation will be the vehicle to deliver these changes but it will be of huge concern to the airport communities that the Department has not, as yet, pinpointed an alternative competent authority.

Last week two Garda cars arrived at the homes of Traveller families living on DAA lands with an eviction notice for this week, telling them to get off that land. There is no alternative accommodation identified for these people as of yet. The runway development is gathering apace and the lives of the surrounding communities are being massively impacted but we do not have in place any legislative structure for a competent authority to benefit those communities. It is incredibly worrying. The Minister very kindly offered to meet those Traveller families previously but at the time I said it was not necessary. However, given the length of time that has passed and the very precarious position they are now in, I would ask him to meet them. It is quite urgent now.

Shane Ross (Dublin Rathdown, Independent)
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I will meet them, certainly. If they have a cause with which I can assist them in any way, I am happy to meet them.

In terms of who will be the next competent authority, I do not have the answer to that at the moment but I know we are moving with a great deal of speed and urgency to look at the various alternatives which were also looked at previously. These would include An Bord Pleanála, the Environmental Protection Agency, as well as other bodies or possibly a mixture. It is very important that we do this urgently but also that we get it right so that it is not open to challenge.

I sympathise fully with the difficulties of the local communities to which Deputy Daly referred. The uncertain situation in which they find themselves at the moment as a result of this legal difficulty is unacceptable and I hope it will not be repeated.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Deputy Daly and then Deputy Troy.

Clare Daly (Dublin Fingal, Independent)
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I thought I had my time but I am more than happy to come in again. Can I?

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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No, you cannot if you have been in a third time. I misunderstood the Leas-Cheann Comhairle. Deputy Troy, please.

Robert Troy (Longford-Westmeath, Fianna Fail)
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I thank the Ceann Comhairle for giving me the opportunity to contribute. This is bizarre and farcical. Last December, when we asked a similar question the Minister said he was embarrassed by the delay. We are now ten months further on and I would hate to see the Minister's level of embarrassment now. This is a total and utter failure on the Minister's part. Only two weeks ago I brought up this issue during a topical issues debate and even then the Minister was still peddling the line that the IAA was the preferred competent authority. It is not good enough for the DAA which wants to progress the development of a key piece of infrastructure for this country. It is also not good enough for the residents, as Deputy Daly has highlighted, that even today, the Minister is unable to inform the House as to who the competent authority will be in terms of the regulation of noise at the airport. It is not good enough. The Minister said he will progress this with a great deal of speed and urgency. All I can say is that I hope the speed and urgency is a lot different from that which was promised 12 months ago.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Has the Minister anything to add?

Shane Ross (Dublin Rathdown, Independent)
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I have. In fairness to Deputy Troy, a lot of what he has said is fair comment. However, this is certainly not something for which I am going to take responsibility. What I take responsibility for is-----

Robert Troy (Longford-Westmeath, Fianna Fail)
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Very little-----

Shane Ross (Dublin Rathdown, Independent)
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-----accepting the legal advice. I accepted it last year in good faith but it has now changed as a result of certain happenings in the European Court. That is something which I also have to accept. I do not like it and no more than Deputy Troy, I do not like the delay. I do not like the delays in the Attorney General's office or the changes of mind in that office but I have to accept them. That it has taken a long time is something which is deeply frustrating, not just for Deputy Troy but for everybody involved and for the communities. At the end of the day, however, if the legal advice tells me I must do certain things in these circumstances, I must take that advice and I will do so.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Question No. 11 is in the name of Deputy Paul Murphy.

Joan Collins (Dublin South Central, Independent)
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Questions Nos. 10, 22 and 56 have been grouped together. One of those questions is mine - No. 22.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Questions Nos.10, 22 and 56 are to be taken together. Deputy Fiona O'Loughlin tabled Question No.10 but she is not present in the Chamber.

I am here for Question No. 22

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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The Deputy's question is not meant to be taken unless the first questioner is present. Deputy O'Loughlin is not present, but as Deputy Collins is on her feet she can go on.