Results 13,101-13,120 of 14,388 for speaker:Clare Daly

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: I move amendment No. 130: In page 37, line 6, after “defer,” to insert “if immediate implementation is not possible”.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: I move amendment No. 133: In page 37, line 33, after “defer,” to insert “if immediate implementation is not possible”.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: Could the Minister repeat his two final sentences?

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: Yes, please.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: I was going to ask a question but I think I am okay.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: The Minister's positive response is to be welcomed. We obviously have a bit of work to do between now and Report Stage but it is probably better to pass it now on Committee Stage and do that work in the meantime. We do not just have to work on this but there are a number of aspects to the Bill where with a bit of dialogue and behind the scenes work, we can cut down on the number of...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: I move amendment No. 139: In page 42, to delete lines 28 to 38, and in page 43, to delete lines 1 to 10 and substitute the following: “(4)The competent authority may impose a financial penalty of 10 per cent of the cost of compliance for failure to comply with a relevant provision, or €1,000 for each breach, whichever is higher.”. I would like this to be discussed....

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: I accept the Minister's point that this scenario would be extremely rare but it is not unheard of. If it was never going to happen, we would not be providing a substantial section of the legislation to deal with it. We can anticipate that it may arise. I do not accept that what I am proposing creates an extra layer. Those against whom the enforcement orders would be placed would be the...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: I am prepared to discuss the issue with the officials. I do not know how the competent authority would implement something of this nature. If it could be done through regulations or otherwise, that would great, but let us provide for it because we need a bit of a-----

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: I will withdraw it.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: I am not sure about these sections, although I am more sure about section 23 than I am about subsequent sections. We have to speak now or we will lose our chance to do so in subsequent Stages. This is a provision whereby the person to whom an enforcement message has been given has the right to go to the High Court to have the direction cancelled. I want to hear more about this proposal....

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: Is it not the case that, earlier in the process, everybody, whether a resident or an applicant, has the right to ask for a judicial review of the competent authority's decision or An Bord Pleanála's decision? Why are we adding another layer? This stage only kicks in where the process and the decision have been in place and all the timelags for normal appeals have departed, including in...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: The problem is that the enforcement proceedings relate only to the big boys and we are giving them an extra layer. However, the applications and the input on all of the previous decision making are equally applicable to the recipient and the residents. They are all equal and everybody has access to the board if they do not like a decision, and it is the same with An Bord Pleanála....

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: They are not. To use an example, instead of calling it the DAA, we will call it Aer Lingus this time. Let us say a decision has been made against it, requiring it to take an action-----

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: No, we do not agree. We need more on this, for sure.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: That was based on the previous issue. I will be re-entering this later but, obviously, the numbers are not here now for a vote.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: Sections 28 and 29 deal with the transitional period. I am not sure I am reading this right but, if I am, these are the clauses that allow the airport authority to amend the existing provisions. My thinking was that it has no right to remove them. I would be in favour of removing this part of the Bill and starting all over because I think, and the residents think, the existing provisions,...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: I know that.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: I have now realised I was actually barking up the right tree, so well done to me. This is the key point. The Minister is correct there are no specific planning applications or existing permissions mentioned in this, and that would be entirely inappropriate. However, it would also be utterly la-la for us to sit here without mentioning the giant elephant or 747 in the room, namely, the open...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Clare Daly: The legislation is required to transpose the EU regulation. That is why I do not oppose the legislation in its entirety. It is something that is supposed to be of benefit to residents but these two clauses are not part of that. The Minister can say that we cannot prejudge the outcome; maybe there will be something and that is fine. There is no "maybe" here. Everybody knows that this is...