Results 3,921-3,940 of 19,173 for speaker:Shane Ross

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: I am very keen to accommodate the Deputy but I cannot do so. Let me explain. I cannot share the legal advice because it is privileged. I would love to share it but I cannot. I cannot support this amendment because I have received definitive legal advice that we cannot add to or take away from the provisions provided in the Bill. I do not seek to counter the arguments that have been made...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: Whether the Minister is cognisant of it is not really relevant. We are implementing a European directive which has already been updated and which we are obliged to implement. I do not have the discretion to put it into a regulation of this sort.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: That is correct.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: Unless the Deputy thinks I am not telling the committee the truth-----

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: I am telling the truth. The committee has been left in the dark about the legal advice because it is privileged, but I assure the committee that that is the advice we received. Sometimes, legal advice is the last thing I want to get. It can be and has on many occasions been a nightmare for a Minister to receive legal advice but it would be a very foolish and reckless Minister who would...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: Between now and Report Stage, which I hope will take place next week, I will ask my officials to give all interested parties an accurate flavour of the legal advice. Obviously, I cannot breach privilege, but members will be given an accurate flavour of the legal advice. That will be done in a spirit of goodwill such that members are not left in any doubt about what are the bones of that...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: That is fine.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: That is fine. That is quite reasonable.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: It might be taken next week.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: I accept the bona fides of the Deputies and applaud what they are trying to do. Whether we have the capability to do it is the only issue.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: It similarly seeks to make an addition to the regulation. I am unable to accept it on technical legal drafting grounds as presented by the Office of the Parliamentary Counsel which is part of the Attorney General's office. It is, I am told, sufficiently clear from the recital in EU Regulation No. 598 that the balanced approach is a concept developed by the International Civil Aviation...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: For reasons which I have already made clear, which are good reasons, I cannot accept this amendment. We have to be careful about taking possession of the argument that there are some people who are in favour of including the residents and others who are not. Everybody is in favour of the residents having the maximum possible input. The text which Deputy Munster seeks to amend is taken...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: I ask the Deputy to allow me to finish. I am sure that all members of the committee will agree that noise regulation at the airport needs to be an open and inclusive process that respects the real interests of local residents too. I have provided for this in the Bill. The Bill is fundamentally in favour of sustainable development of the airport in a way that balances the commercial...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: I do not think so. It is definitely not defined at all and it is not defined in the Bill either. That is to give the regulator a certain amount of scope and flexibility.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: I will firstly respond to Deputy Catherine Murphy's point. We dealt with health earlier and we agreed that point. Health considerations are specifically singled out in the regulations. I will read from the preamble: The importance of health aspects needs to be recognised in relation to noise problems, and therefore it is important that those aspects be taken into consideration in a...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: Yes.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: It is on page 2. I can hand it to the Deputy.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: It is No. (11). The proposed health impact assessment which is put in there is new wording. We cannot introduce new terms to this. Subsections (2) and (3) of section 9, as I have said, are directly from EU regulation 598 and, as I have explained, I am not able to amend in any way the requirements set out in an EU regulation. That message has to be hammered through because that is legal...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: I certainly agree we can look at this before Report Stage.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (16 Jan 2019)

Shane Ross: I will not be accepting this amendment. The Bill provides for extensive public consultation, technical discussions between the Dublin Airport Authority, the Irish Aviation Authority and slot co-ordinators, a robust appeals process and, finally, recourse to the courts for judicial review. It was considered prudent to include in the Bill the power to make regulations in circumstances where...