Pat Breen (Clare, Fine Gael)
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Question 202: To ask the Minister for Transport further to Parliamentary Question No. 36 of 21 June 1995, his views relating to the technical rationale for the planning objections and appeals lodged over many years by a company (details supplied) regarding numerous private developments in the vicinity of Dublin Airport; his further views on whether the new Dublin Airport Authority will behave in a similar manner; and if he will make a statement on the matter. [30900/05]

Pat Breen (Clare, Fine Gael)
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Question 207: To ask the Minister for Transport further to Parliamentary Question No. 636 of 27 April 2004, his views regarding the decision to delete from the Air Navigation and Transport (Amendment) Bill 1997 the provision relating to the grant of protected area powers to a company (details supplied); his further views on whether such anomaly is a classic example of Juvenal's dilemma as to whether persons are guarding the guards themselves so to speak; and if he will make a statement on the matter. [30901/05]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 207 and 202 together.

As my predecessor pointed out in reply to Question No. 636 on 27 April 2004, in the context of preparing the Air Navigation and Transport (Amendment) Bill 1997, consideration was given to providing the former Aer Rianta with power to make orders declaring particular areas of land in the vicinity of airports to be protected areas, where unrestricted use of such lands could interfere with the safety of aircraft. Under section 14 of the Air Navigation and Transport Act 1950, the power to make such orders rested with the Minister. However, in the course of consultations on the drafting of the Bill, it was decided that the status quo operated satisfactorily and the ministerial power under the 1950 Act to make protected area orders was retained and remains in force. The Bill was passed by both Houses of the Oireachtas and enacted in 1998.

The issue of planning objections or appeals lodged by the former Aer Rianta and any future such actions by the Dublin Airport Authority falls within the remit of the company and of the planning authorities.