Written answers
Tuesday, 2 April 2019
Department of Transport, Tourism and Sport
Legislative Process
Imelda Munster (Louth, Sinn Fein)
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32. To ask the Minister for Transport, Tourism and Sport the status of the Irish Aviation Authority (amendment) Bill; and if he will make a statement on the matter. [15127/19]
Shane Ross (Dublin Rathdown, Independent)
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As the Deputy will be aware, a draft Irish Aviation Authority (Amendment) Bill was discussed at the Joint Committee on Transport, Tourism and Sport in November 2017 as part of pre-legislative scrutiny. As explained during that session, the purpose of the Bill was to provide an additional funding stream for the IAA - by way of an industry levy - in respect of its civil aviation security responsibilities. As I recall, the Committee was broadly supportive of the proposals.
However, during follow-up consultations with the Office of the Attorney General, further legal consideration was given to whether the proposals set out in the draft Bill were more appropriate to be provided for in Regulations made under Section 3 of the European Communities Act 1972, and therefore brought forward under Statutory Instrument. Further instructions in that regard have recently been provided by my Department to the Office of the Attorney General, the outcome of which I hope will be final clarity on the way forward on this matter.
I wish to advise the Deputy that the issue is entirely around establishing whether the proposals should be brought forward under primary or secondary legislation. The substance of the proposals remains as discussed with the Committee.
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