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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. 107: In page 30, line 3, to delete “(i) the relevant” and substitute “(j) the relevant”.

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. 108: In page 30, line 5, to delete “(j) a non-technical” and substitute “(k) a non-technical”.

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. 109: In page 30, line 6, to delete “paragraphs (a) to (i)” and substitute “paragraphs (a) to (j)”.

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. 111: In page 31, line 15, after “authority” to insert “, the elected members of the local authority and Dáil Éireann in whose constituencies the airport is located”.

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. 114: In page 32, line 22, 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. 117: In page 33, line 3, 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. 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-----

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