Clare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

66. To ask the Minister for Transport, Tourism and Sport the reason that neither a statutory instrument nor primary legislation has been introduced to give effect to EU Regulation 598/14 in relation to the establishment of a competent authority to deal with aircraft noise. [42142/17]

Shane Ross (Dublin Rathdown, Independent)
Link to this: Individually | In context | Oireachtas source

As Deputy Daly will recall, in September 2016 I announced my intention to designate the Irish Aviation Authority as the competent authority under EU Regulation 598/2014, and so charge it with responsibility for managing aircraft noise.  The proposed nomination of the Authority for this function was in line with the approach in other European Member States, and it was broadly consistent with previous practice in assigning aviation regulatory functions to the IAA.

The most recent legal advices of senior counsel, engaged by the Office of the Attorney General, is that this approach is no longer advisable.  Influenced by recent case law at European level, which has laid out a more strict interpretation of on what constitutes “functional independence” within an organisation, the IAA is now deemed to have too much of a potential conflict of interest to take responsibility for  noise regulation, given its commercial interest in growth in traffic volumes at Dublin.

It is now clear to me that this Regulation requires primary legislation to ensure that its application is legally robust and that it is fully and clearly integrated with the planning system. Going down the secondary legislation route – which as I have said before is how EU regulations are normally implemented – is evidently no longer appropriate or sensible in this instance. 

I have already instructed my Department to re-engage with the Department of Housing, Planning and Local Government and the Department of Communications, Climate Action and the Environment, as a matter of urgency.  There are a number of options.  I will talk to my two Cabinet colleagues, and once there is a decision on an alternative I will advise the Deputy and the House.

In light of this advice, I am now of the view that the best interests of all stakeholders - including the IAA, Dublin Airport and the local residents - that responsibility for the Regulation is better housed elsewhere.  I intend to consult further on this matter and will advise the Deputy and the House as soon as I have come to a decision.