Clare Daly (Dublin Fingal, Independent)
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266. To ask the Minister for Transport, Tourism and Sport the timeframe and process that will be undertaken for the establishment of a separate unit within the IAA to deal with airport noise; and the way it will operate as the competent authority in relation to EU Regulation No. 598/2014 in the interim. [27919/16]

Shane Ross (Dublin Rathdown, Independent)
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​It is envisaged that the legislation currently in preparation in my Department, in consultation with the Attorney General's Office, will specifically require the establishment of a functionally separate unit within the Irish Aviation Authority (IAA). Pending the completion of that legislation, expected by the end of this year, the question of the interim operation of the Competent Authority does not arise.

There is a requirement for regulatory independence in EU Regulation 598/2014 and its achievement by functional separation is specifically permitted. The IAA has considerable experience of this functional separation model as it has been operating that model since 2004 in relation to safety oversight of air navigation service providers under the suite of EU legislation concerning the Single European Sky. The IAA is also responsible for safety regulation of Irish civil aviation generally. This experience of the functional separation model will inform the establishment of the required separate unit in relation to EU Regulation 598/2014.

Clare Daly (Dublin Fingal, Independent)
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267. To ask the Minister for Transport, Tourism and Sport the arrangements that exist in other EU countries regarding the competent authority designated to deal with EU Regulation No. 598/2014; and the analysis he made of the practice in other jurisdictions, prior to awarding this function to the IAA. [27920/16]

Shane Ross (Dublin Rathdown, Independent)
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Given that three of the four constituent elements of the Balanced Approach for airport noise management, as developed by the International Civil Aviation Organisation (ICAO), are aviation-related with the remaining one relating to land-use planning and management, it was considered that a dedicated body, with expert knowledge of aircraft technology as well as airport and air navigation operations, was the principal decision criterion in this instance and essential to fulfil the various regulatory tasks satisfactorily.  Although no one entity in Ireland possesses the entire range of expertise and knowledge to implement internally all elements of the ICAO Balanced Approach, given the particular relevance of aviation expertise, it was considered that the Irish Aviation Authority was best placed to discharge the regulatory responsibilities involved. 

Information obtained from the European Commission indicates that other Member States are following a similar approach as in most of the cases notified to the European Commission national civil aviation authorities are being designated for the role of competent authority for EU Regulation 598-2014.

Clare Daly (Dublin Fingal, Independent)
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268. To ask the Minister for Transport, Tourism and Sport the way in which he proposes to deal with the collaborative working and public consultation arrangements that he has acknowledged have to be applied in implementing EU Regulation No. 598/2014; and the way residents' views will be taken into consideration in the establishment of such arrangements. [27921/16]

Shane Ross (Dublin Rathdown, Independent)
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​It is proposed that the legislation currently in preparation in my Department, in consultation with the Attorney General's Office, will outline requirements concerning the collaborative working arrangements to apply between the Competent Authority and the various statutory bodies that have roles and expertise in relation to noise management, in particular An Bord Pleanala, Fingal Council and the Environmental Protection Agency.  Insofar as public consultation arrangements are concerned, the Competent Authority will also be required to organise consultation processes to secure the views of all concerned stakeholders, including from local residents and businesses. The detailed public consultation requirements and mechanisms will be  defined legislatively for the Competent Authority in order that all concerned parties have full clarity of the regime and can provide the necessary inputs and advices at clearly defined stages of the overall regulatory process.

Clare Daly (Dublin Fingal, Independent)
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269. To ask the Minister for Transport, Tourism and Sport the process he intends to undertake in relation to the establishment on an appeal mechanism to independently examine, where required, the application of the competent authority's legal responsibility in adhering to the ICAO balanced approach in implementing EU Regulation No. 598/2014; and if such a body must be in place prior to the commencement of the implementation of the regulation. [27922/16]

Shane Ross (Dublin Rathdown, Independent)
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The legislation currently in preparation in my Department, in consultation with the Attorney General's Office, will make specific provision for an independent appeal body.  The precise details of the process under which the appeal body, of up to five persons with relevant expertise, will be constituted remains under consideration.  Decisions of the Competent Authority may be referred to this appeal body which will be established by me in consultation with my colleagues, the Minister for Housing, Planning, Community and Local Government and the Minister for Communications, Climate Action and the Environment. In these circumstances, it is not necessary for the appeal body to be in place prior to the commencement of the legislation, which is expected by the end of the year.