Dáil debates

Tuesday, 24 April 2018

5:35 pm

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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29. To ask the Minister for Transport, Tourism and Sport the estimated costs of the establishment of the competent authority under EU 598/2014; the amount spent to date; and if funds have been or will be paid to Fingal County Council or other organisations in 2018. [17724/18]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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A number of months ago, to the surprise of the community and many of its representatives, the Minister announced that he would appoint Fingal County Council and An Bord Pleanála as the competent authority and appeals body for the implementation of EU Regulation 598/2014. What is the status of that? What is the budget? How much has been spent? What progress has been made? We have not received much information since the announcement.

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I thank the Deputy for the question, which I hope will recur every time I am here because it is a matter of vital national importance and a regular update is necessary.

With regard to spending to date on EU Regulation 598/2014, I can advise the Deputy that as almost all of the work has been of a policy and legal nature, it has been carried out as part of the work of officials assigned to the relevant division of my Department and in the Attorney General's office. The legal advices have been provided by the Attorney General's office in the normal course of the service it provides to Departments. I am advised that my Department's accounting system does not capture the cost of staff time in handling individual elements of work in the way that would be required to respond to the Deputy's question in any more specific terms. I am also advised that my Department has not incurred any other costs associated with the regulation.

I understand the Irish Aviation Authority may have incurred some costs in the context of exploring its role in implementing the noise regulation, when that was an option being pursued. However, the company has not raised the matter of costs incurred with me or with my Department.

As regards Fingal County Council, and as I have stated previously, it will, of course, be provided with the necessary resources to carry out this additional function. Council officials have been told this directly and it will be reinforced in the draft legislation. As far as I am aware, Fingal County Council has not incurred any expense to date in regard to its role as the designated competent authority. Therefore, no funding has been provided to the council in regard to this role so far. This is something that can be reviewed as matters develop during the course of the year. No other organisation has received funding, nor do I envisage a circumstance in which any such matter may arise during the year.

I understand the Deputy is asking whether any costs have been or will be paid to the council. To give a very short response, at the moment no costs have been incurred but the Deputy should be reassured that resources will be made available by my Department where they are necessary.

5:45 pm

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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That was a gob-smackingly shocking answer in some ways. Here we have a measure which was put forward to supposedly protect airport communities from airport noise through the establishment of a competent authority and which was years in the making. The previous Attorney General gave different advice to the present one. The Minister announced months ago that he had finally decided to appoint Fingal County Council and while many people locally are very unhappy with that, they would have expected some progress. It is wholly unreasonable to expect Fingal County Council to take on this cost and not give it any money. Of course, the contradictory part is that this competent authority, which was designed to protect communities, has actually been put up there as the vehicle which the DAA is going to use to undermine existing conditions which protect the community from the new runway. People are seriously concerned. What mechanism is in place to involve the local community in an active consultation role with the council or other bodies at this stage of the process?

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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The Deputy may have misunderstood me. Funding will be made available. There is not going to be a lack of funding to Fingal County Council for this. I have made it clear that while it is not yet clear what amount will be necessary, Fingal County Council will not be left short of funding because this is a matter of huge national importance for which we cannot afford to say there are no funds. To say there is no progress being made is unfair because progress is certainly being made.

To answer the question about stakeholders, the Deputy will be aware that the stakeholders will be met by the DAA, by the competent authority and by me. The Deputy will also be aware there has been no hesitation on anybody's part that I know of to meet the residents and to attempt to accommodate them. I have met several people from the area who Deputies have asked me to meet. I have done this on many occasions and, in fact, I have never refused to do this, as it is a matter of great concern that we should have balance, and the criteria being used by the new competent authority will involve a balanced approach. We must balance the national needs with the needs of the residents.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I am trying to balance the time. I call Deputy Clare Daly.

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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We will not be found wanting either with regard to resources or meeting the residents.

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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There is a difference between meeting people and listening to them. The problem is that things are happening or nothing is happening, and it is very hard to get a straightforward answer because the Minister appointed Fingal County Council. I do not agree with that and many other Deputies and many people in the community do not agree with it. In that sense, I am very happy it has not been given any money to advance this project because it should never be given any money, as it is not a suitable vehicle for a competent authority. However, we have this EU directive which we need to bring in. Fair play to the Minister for meeting the Traveller group, where he did listen and a good resolution for their situation was found. While there is a lot of talk, however, the bigger picture is unfolding and people are not being consulted in that their input is not there from the start.

The Minister might enlighten us as to when the legislation will be before us. What the Minister appears to be saying is that he has the idea that it will be Fingal County Council but it does not have a budget for this and it is not being advanced, so, really, things are as up in the air as they were. Everyone sits around and talks about it, but nothing actually progresses.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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The Minister said no funding was expended on this to date. My understanding is that the Minister's Department got independent legal advice from outside the Attorney General's office and that led to the decision that was taken. Who paid for that?

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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If there is a misunderstanding, I apologise, but no funding has been expended since the decision was made, although I am sure all sorts of funding was used before with regard to the IAA and when the choice was being made.

I think Deputy Clare Daly is being somewhat unfair in saying it is all very vague. A decision has been made. It is absolutely a final decision that Fingal County Council will be the competent authority and it has been given the go-ahead. An Bord Pleanála will be the appeals body. That decision has been made and it is irreversible. It has been approved by the Attorney General in this case and we are going ahead on that basis.

The Deputy asked why Fingal County Council was chosen. It already has responsibilities under the EU environmental noise directive, which encapsulates responsibilities relating to noise caused by conurbations and major transport infrastructure, including roads, railways and airports. In addition, having regard to its planning functions, it has considerable experience and expertise in the conduct of environmental impact assessments and appropriate experience in managing extensive public consultations. In addition-----

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I must ask the Minister to conclude. We must move on.