Results 12,981-13,000 of 14,388 for speaker:Clare Daly

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

Clare Daly: I acknowledge that it is not permissible to divulge the advice of the Attorney General. However, the section of the Bill dealing with definitions does not only make reference to the 2002 directive; it also refers to decisions of the European Parliament and Council in 2015. It is not that the Minister is dealing solely with the 2002 directive to which nothing has been added. The definitions...

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

Clare Daly: I ask that the Minister also provide an analysis of other jurisdictions. That was done in regard to competent authorities. The Minister is relying on the fact that this cannot be done in Europe, so I presume the officials will be able to show us what has been done elsewhere in Europe in this area.

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

Clare Daly: This brings us back to the first Opposition amendment in which I sought a definition early in the Bill of "balanced approach" in two respects, the first of which was this proposal. The other, the basis on which the Minister opposed the amendment, concerned the more recent World Health Organization guidelines. The Minister's argument was against that proposal, but there should be no problem...

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

Clare Daly: I will not repeat all the points we made this morning but the same point is repeated at various parts of the Bill as to the process of regulation and what needs to be taken into account as part of that process. All of these amendments are seeking to include health considerations along with a big list of other stuff that also has to be taken into account. When we made the point this morning,...

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

Clare Daly: I accept the point. There are a whole number of different amendments in this and the health impact assessment is an add-in, something different, and it would obviously put a more considerable burden, as it were, on the competent authority in evaluating these measures. I do not have a problem with that because, if it were really doing its job properly, carrying out an impact assessment from...

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

Clare Daly: Will the Minister give us an assurance that we can look at that type of approach? Otherwise, members may want to press amendments.

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

Clare Daly: I move amendment No. 40: In page 10, between lines 15 and 16, to insert the following: “(d) the effectiveness of the identified noise mitigation measures and operating restrictions (if any) is thoroughly evaluated in relation to their impact on the protection of human health;”.

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

Clare Daly: I move amendment No. 41: In page 10, lines 24 and 25, to delete “most cost-effective measure or combination of measures” and substitute “effectiveness of the measure or combination of measures in relation to cost and the protection of human health”.

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

Clare Daly: I move amendment No. 42: In page 11, line 8, to delete “FCC” and substitute “CAR”.

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

Clare Daly: I move amendment No. 44: In page 11, line 17, after “assessment” to insert “or Health Impact Assessment”.

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

Clare Daly: I move amendment No. 45: In page 11, line 21, after “assessment” to insert “or Health Impact Assessment”.

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

Clare Daly: I move amendment No. 46 In page 11, line 27, to delete “may” and substitute “shall”. This amendment is slightly related to the one agreed earlier in terms of the Minister’s ability to make regulations under the Act. Section 9(9) states “the Minister may, by regulations made under section 6, prescribe dispute resolution procedures applicable to a...

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

Clare Daly: This is actually quite important. It is interesting that the Minister referred to a robust appeals mechanism and access to the courts. There are a few people in the Gallery who nearly fell off their seats when they heard that. Access to the courts is prohibitive for citizens. It is not a level playing field in that regard. Sadly, people have borne a heavy burden with such cases in the...

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

Clare Daly: Even if there is, it does not negate the point. The Minister thinks it is a robust appeals process but many people would disagree. Changing it in the manner I have suggested does not negate the Minister’s appeals process as it stands. The Minister stated he has the option but my amendment proposes he should have the option.

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

Clare Daly: However, if there is a dispute where the Minister’s intervention is called for, then it should not be left to the Minister to decide. I know this Minister might be proactive in this regard but he might have a successor who might not have the same approach.

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

Clare Daly: As they always say in these situations.

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

Clare Daly: That is the problem. We do.

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

Clare Daly: I move amendment No. 47: In page 11, line 31, after "authority" where it firstly occurs to insert "or any organisation or individual impacted by airport noise". These amendments are even more important. We must bear in mind that this section deals with what we will call the normal EU Regulation No. 598 application process which is slightly different from that in the various sections....

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

Clare Daly: There is a misconception on the part of the Department with regard to this part of the regulation. The Minister talks about appeals processes as if everything that happens in the airport that has a noise implication goes through the planning process first, life goes on as normal and nothing happens outside either the noise plan that is produced every couple of years or the planning...

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

Clare Daly: Yes, I may not have got the balance right on that and I can look at it on Report Stage. The first one though absolutely is a flaw in the Bill.