Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

It was good of the Senator to withdraw that remark.

It is somewhat difficult to accept the accusation of political pressure. I can state with hand on heart that I know nothing about such pressure and was never in touch with anybody in that regard. If political pressure were to come from anywhere, it would probably come from me because I am championing the Bill. To suggest that there was political pressure is wrong, wild and irresponsible. There are very good arguments in favour of various regulators and I have heard them all. It is incorrect to suggest that political pressure was put on the authority to change its mind. That is false. I know nothing about such pressure, and I would know if there had been any. I ask the Senator to bear that in mind.

Unfortunately, I cannot accept the amendments in this group. As I stated last week when introducing the Bill to this House, I firmly believe that Fingal County Council is best placed to undertake the role of noise regulator for Dublin Airport. The preparation of the Bill has always proceeded on the basis that any enactment must provide a solid and proven administrative structure that can deal with noise fully in accordance with Regulation 598/2014. That includes providing for effective interaction with existing planning development and environmental laws and regulatory frameworks. Fingal County Council was chosen as the competent authority because it has relevant expertise relating to planning, environmental matters and public consultation, as well as the critical mass to quickly absorb, skill-up and roll out a new function effectively. As it is a Government body, it does not operate to a commercial mandate but, rather, operates within well-established statute, agreed national policy parameters and local development frameworks. The issue of a conflict of interest does not arise. I simply cannot accept that a local authority is compromised by virtue of receiving rates. How is that a sustainable and reasonable argument?

Specifically on the matter of independence, there is no legal uncertainty around Fingal’s independence in regard to Regulation 598/2014. The approach in the Bill is unequivocally in accordance with preamble (13) of regulation 598/2014 which states:

The competent authority responsible for adopting noise-related operating restrictions should be independent of any organisation involved in the airport’s operation, air transport or air navigation service provision, or representing the interests thereof and of the residents living in the vicinity of the airport. This should not be understood as requiring Member States to modify their administrative structures or decision-making procedures.

By drawing on established local government structures, the choice of Fingal County Council was very much informed by a recognition of the benefits for all parties of setting out for aircraft noise regulation the same known, tried and tested administrative structures and processes which support planning and development such as, within local government, applying the approach to public consultation, appeals and application of environmental assessments.Doing so offers the best means of securing a robust and rigorous process and one that can be relied on to deliver an informed decision. There are checks and balances in the Bill. The performance and actions of the noise regulator are governed by EU and national law. An Bord Pleanála has full step-in regulatory powers under appeal. There is provision for judicial review and, finally, there is provision in the Bill for independent, external periodic review of Fingal's performance as noise regulator.

With regard to the proposed amendment to designate the Commission for Aviation Regulation as the noise regulator, the commission was examined as an option. However, the commission has no expertise or any existing statutory remit relating to environmental noise, environmental protection or planning and development, all of which are critical components of the Bill. In addition, it has no current capacity or experience of running the type of extensive public consultations required by Regulation No. 598/2014. Finally and importantly, the commission does not have the organisational capacity to absorb a substantive new function within a relatively short timeframe. The commission is a small economic regulator responsible for determining the maximum level of airport charges that can be charged at Dublin Airport, with some additional consumer protection functions, and has a staff of about 20. It simply would not be equipped to undertake the role of noise regulator in any reasonable timeframe.