Seanad debates

Tuesday, 16 April 2019

Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee and Remaining Stages

 

2:30 pm

Photo of Shane RossShane Ross (Dublin Rathdown, Independent) | Oireachtas source

I will respond to one or two of the points that were made. Senator Humphreys mentioned this legislation ending up before the courts. This Bill was subject to the most intense legal scrutiny of any Bill I have taken through the Houses, judging by the amount of time it took to get in and out of the Attorney General's office. I am not apportioning blame in saying that, but applauding thoroughness. The first choice of noise regulator, the Irish Aviation Authority, IAA, was turned down by the Attorney General's office on the grounds that there was a question about its independence and the potential for a conflict of interest. That same office cleared Fingal County Council as a suitable regulator. That decision gave the council the all-clear in terms of its independence and in terms of any conflict of interest.

People can say the Attorney General was wrong. They are perfectly entitled to do so, although I presume they would be able to put their legal credentials on the table when they do. People are perfectly entitled to take a contrary opinion to that of the Attorney General and to second-guess him on a legal matter. On occasion, they may be right. I could have gone ahead with the IAA against the Attorney General's advice but, without any doubt, that would have ended up before the courts within minutes. However, I did not do so. The reason I did not is that we were advised that it was legally unsafe. We were advised that the choice of Fingal County Council was legally safe, which is why we went ahead with it. The Attorney General addressed all issues around conflicts of interest and independence, issues which were raised eloquently and with perfectly good logic in this House. For my money, however, I back the legal expertise of the Attorney General over that of the Senators in this House. That is where I stand and where I feel protected and safe. I feel that I am on very strong legal ground on the issues of conflicts of interest, rates and independence.

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