Paul Gogarty (Dublin Mid West, Green Party)
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Question 280: To ask the Minister for Transport his views on transferring the responsibility for the public consultation process on Weston Aerodrome from the Irish Aviation Authority to another independent body in order to ensure public confidence in the integrity of the final adjudication. [17431/06]

Paul Gogarty (Dublin Mid West, Green Party)
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Question 281: To ask the Minister for Transport if a precedent exists whereby a State agency, not being a local authority with decision making powers on planning, will seek submissions as part of a public consultation process into the development of an airport and adjudicate on same, while at the same time being a member of the group which formulated the original proposal; his views on the fact that the Irish Aviation Authority website makes it clear that the Irish Aviation Authority acted in concert with Weston Aerodrome to formulate the proposal which they are seeking submissions from the public on and which they purport to adjudicate upon; if this scenario would be open to legal challenge; if he has sought legal advice; and if he will make a statement on the matter. [17432/06]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 280 and 281 together.

The Irish Aviation Authority is the statutory body responsible for Irish airspace and for issuing aerodrome licences within the State. In many cases other legislation, including legislation which is not specifically directed at aviation, also applies to aerodromes and aviation activity, and other Government departments, local authorities or other statutory bodies may have regulatory roles that affect aviation activities.

A licence or approval issued by the Authority does not in any way entitle the regulated party to operate in accordance with that licence or approval if doing so would contravene other regulatory requirements including, especially, the requirements of the planning system. It is the duty of the regulated party to ensure that it acquaints itself with all requirements affecting its activities and to ensure that it complies with those requirements.

Weston Aerodrome submitted an Airspace Change Proposal to the IAA requesting a change in the airspace from Class G to Class C. The application was made on the basis that the proposed arrangements would substantially enhance aviation safety in a complex block of airspace. The classification of airspace as Class C requires permission for entry from Air Traffic Control and when operating within such airspace all flights are subject to air traffic control.

The Airspace Change Proposal was developed by Weston Aerodrome. The Authority did not act in concert with Weston to formulate the original proposal. The Authority in its role as safety regulator facilitated discussion between the various air traffic services in the Dublin area and dealt with queries and other matters in connection with the application. This is a normal feature of the Authority's role to ensure that the highest standards of aviation safety are achieved.

While background material may be contained in an Airspace Change Proposal document the Authority will only consider those elements within its statutory remit. Although the Authority is not legally obliged to consult in relation to airspace changes, it nevertheless considered it appropriate to do so on this occasion in the interests of transparency. Aviation safety is the responsibility of the IAA and I have no plans to make any changes to the consultation process in regard to it.