Written answers

Tuesday, 21 March 2017

Department of Transport, Tourism and Sport

EU Regulations

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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1241. To ask the Minister for Transport, Tourism and Sport his plans to go ahead with his stated intention to transfer functions of noise regulation to the Irish Aviation Authority; and the reason he considers it acceptable to create a conflict of interest for the authority in view of the fact that it derives revenue from a levy on aviation and, consequently, has a financial interest in maximising the number of flights. [14160/17]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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1242. To ask the Minister for Transport, Tourism and Sport if he will implement the Maastricht recommendations on promoting effective public participation in decision-making in environmental matters prepared under the Aarhus Convention in any new regulatory regime for aviation noise. [14161/17]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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1243. To ask the Minister for Transport, Tourism and Sport the public consultation he will undertake in respect of his stated intention to transfer functions of aviation noise regulation to the Irish Aviation Authority; and if that consultation will explain the reason he considers it acceptable to create a conflict of interest for the Authority in view of the fact that it derives revenue from a levy on aviation and consequently has a financial interest in maximising the number of flights. [14162/17]

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I propose to take Questions Nos. 1241 to 1243, inclusive, together.

EU Regulation No. 598/2014 entered into force in June 2016 and is directly applicable in the State.  The Regulation represents a shift in responsibility for aircraft noise from the airport operator to a separate, independent statutory entity or competent authority that will be required to oversee the delivery of the new, more prescriptive approach to aircraft noise management. As you will be aware, I have already announced that I am appointing the Irish Aviation Authority (IAA) as the Competent Authority to deal with aircraft noise management at Dublin airport.  

Officials in my Department are currently engaged with the Office of the Parliamentary Counsel in order to finalise the details of the Statutory Instrument which will transpose EU Regulation 598/2014. The Regulation provides that the Competent Authority shall be independent of any organisation which could be affected by noise-related action and that independence may be achieved through functional separation. The details of achieving independence through this functional separation model are being developed in order to ensure that the IAA's role, in noise management, is fit for purpose to carry out all requirements of the EU Regulation and indeed international Regulations according to ICAO principles.  The IAA has an excellent track record in overseeing aviation safety and has an in-depth understanding of aircraft and the operational procedures that play a major role in noise management and I have every confidence in the IAA to carry out this important Regulatory function.

As I have indicated previously, I wish to ensure that there are robust consultation requirements with all key stakeholders, including local residents.  It is proposed that the Statutory Instrument 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. Insofar as public participation arrangements are concerned, before the IAA as Competent Authority makes any decision about noise-related operating restrictions at the airport, there will be an obligation for public consultation and all stakeholders will be able to give their views. The IAA will ensure that public consultation will respect national law and international obligations.

The draft Statutory Instrument is nearing completion and I expect to be in a position to sign off on this important piece of legislation in the coming weeks.

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