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

Shane Ross: My officials met Deputy Darragh O'Brien earlier today on this issue and they were impressed. When they presented me with the arguments the Deputy had presented them with, I felt that they had some merit. There are obviously one or two difficulties in the way this is framed but there is an opportunity for a discussion between now and Report Stage which will accommodate what Deputies Darragh...

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

Shane Ross: I am not inclined to accept the amendment for a number of reasons. The Deputy said there would be a delay in the High Court. Under a provision we will discuss later, the High Court can expedite proceedings in such cases where it considers it necessary or important to do so. I do not anticipate circumstances in which the DAA would defy an enforcement order. It would be extraordinary if...

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

Shane Ross: I want to respond in a positive way. I am not prepared to accept the amendment today but I am prepared to discuss it between now and Report Stage to see if anything can be done.

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

Shane Ross: Okay.

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

Shane Ross: This is a standard provision. It provides for the ability of a recipient of an enforcement notice received under section 22 to apply to the High Court to have the direction of the competent authority cancelled. Given the noise regulator has the power under section 22 to make an application to the High Court for an order requiring a person to comply with an enforcement notice, it is only fair...

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

Shane Ross: This is for enforcement only. It is so all parties are treated equally when enforcement only is involved. That is the answer to the Deputy's question.

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

Shane Ross: This is being directed mainly at the big players but, at the end of the day, all parties are being treated equally under this section.

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

Shane Ross: Excuse me for interrupting. We have legal advice that this has to be approached in this way and that it is legally consistent and necessary.

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

Shane Ross: Yes.

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

Shane Ross: It is in the interests of consistency and it is the legal advice that it is consistent.

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

Shane Ross: This section provides clarity but it does not mention any specific planning permission, as the Deputy knows.

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

Shane Ross: Nowhere does it indicate that. It is a general rule. It provides clarity that existing noise mitigation measures, whether in effect or not, will be considered noise mitigation measures for the purpose of this Bill. It is pretty clear that any of the past ones are considered, for the purpose of this Bill, to be present ones. This includes noise mitigation measures attached as conditions to...

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

Shane Ross: I do not agree with the Deputy and the reasons are pretty clear. This legislation is not being introduced to suit the DAA. This legislation is a response to a regulation from Europe. That is why it is being introduced. The aim is to have a pan-European common standard on noise at airports. It would be wrong to exclude the DAA from applying under it. That would be absolutely incorrect....

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

Shane Ross: It would be utterly wrong to discriminate against anybody using this particular part of the legislation. It is anticipating a decision from the noise regulator to take a stance like that. I have no idea what decision the regulator might make but it is possible that the competent authority could decide that more noise mitigation measures are required. The Deputies seem to be anticipating...

Written Answers — Department of Transport, Tourism and Sport: National Car Test (24 Jan 2019)

Shane Ross: The governing legislation for the National Car Test is provided by the Road Traffic (National Car Test) Regulations 2017 - S.I. No. 415 of 2017.  These Regulations came into operation on 20 May 2018 (with the exception of Regulation 3(9)(a) that comes into operation on 1 January 2020) and revoked the Road Traffic (National Car Test) Regulations 2014 - S.I. No. 322 of 2014. The...

Written Answers — Department of Transport, Tourism and Sport: National Car Test Data (24 Jan 2019)

Shane Ross: The operation of the National Car Testing Service is the statutory responsibility of the Road Safety Authority.  I have therefore referred the question to the Authority for direct reply.  I would ask the Deputy to contact my office if a response has not been received within ten days.

Written Answers — Department of Transport, Tourism and Sport: Road Traffic Offences (24 Jan 2019)

Shane Ross: At present, a person caught exceeding the speed limit will receive a fixed charge notice, requiring them to pay a fixed charge of €80 within 28 days.  If they do not pay within 28 days, they have a further 28 days within which they may pay the charge plus 50%.  If no payment is made within 56 days, court proceedings are begun.  When a summons to court is sent, there is a...

Written Answers — Department of Transport, Tourism and Sport: Bus Services (24 Jan 2019)

Shane Ross: As Minister for Transport, Tourism and Sport I have responsibility for policy and overall funding in relation to public transport. The National Transport Authority (NTA) has responsibility for the development and implementation of public transport infrastructure including the provision of bus shelters. I am advised that the NTA has developed a strategy for determination of investment in...

Written Answers — Department of Transport, Tourism and Sport: Motor Insurance (24 Jan 2019)

Shane Ross: Insurance companies are private companies. Neither my Department nor the Central Bank of Ireland has the power to direct insurance companies on the pricing of insurance products. The EU framework for insurance expressly prohibits Member States from adopting rules which require prior approval of the pricing or terms and conditions of insurance products. The provision of insurance cover...

Written Answers — Department of Transport, Tourism and Sport: Road Projects Status (24 Jan 2019)

Shane Ross: The improvement and maintenance of regional and local roads is the statutory responsibility of the relevant County or City Council, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from the Council's own resources supplemented by State road grants.  The initial selection and prioritisation of works to be funded is also a matter...

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