Clare Daly
Question:8. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport the progress and timescale of the legislation for the establishment of the competent authority under EU Regulation No. 598/14. [37715/18]
View answerWednesday, 19 September 2018
Questions (8)
Oral answers (12 contributions)
I am wondering where is the legislation to establish the competent authority under EU Regulation No. 598/14. I pose the question particularly in the context that Fingal County Council is advertising a Dublin Airport noise action plan and operating as the competent authority, which, as we know, is the preference of the Government. However, the authority has not been given that power in law. I wonder what the Minister will do if we decide not to give it to it.
I note and welcome the Deputy's consistent interest in this issue. As she is aware, the Government has agreed to my proposal to pursue an accelerated process in support of draft legislation to give effect to EU Regulation No. 598/14. Before the summer recess, I presented an outline of the proposed legislative approach and a detailed timeline for its implementation to the Oireachtas Joint Committee on Transport, Tourism and Sport, very shortly after it had been endorsed by the Government. I also directed my officials to brief other Members of the House on the same matter. I understand a number of advisers attended in place of some Members.
Good progress has been made during the summer. My Department, in close co-operation with the Department of Housing, Planning and Local Government, has been working in accordance with the agreed timeline, which envisages the publication of a Bill at the end of October and anticipates a speedy legislative process to make it an Act by the end of the year. This is a challenge, but every effort is being made to ensure it happens as planned.
The complexity in the drafting of this Bill should not be underestimated given that there is significant amount of interaction between Regulation 598/14, the 2002 environmental noise directive, and our domestic planning and development framework. It is important to note that the EU regulation requires full public consultation before the competent authority makes a final decision about noise related operating measures or restrictions at the airport, and we are working to ensure that the Bill will afford all stakeholders the opportunity to express their views.
The Bill will also provide for an independent appeals process, with An Bord Pleanála to be appointed as the appeals body. As I have said in this House, I have every intention of bringing forward a Bill that strikes a balance between the rights of local residents, the DAA as the regulated entity, and the broader national interest, in recognition of the crucial importance of our primary national airport.
As a next step, a general scheme of the Bill will be presented to and discussed in session with the Joint Committee on Transport, Tourism and Sport within the next few weeks in accordance with pre-legislative scrutiny arrangements. The formal Bill will then be finalised during October in advance of being presented to this House in very early November. I am more than happy to keep Deputies apprised of developments as we move through the next month or so, and I very much hope that this will allow broad support for the Bill when it is presented.
I have studied all of the documents from the Minister's briefing. I note his point that he is confident that he is on schedule. We will take that it up with him in time. The Minister did not, however, respond to my question on what he will do if, in the period of consultation and the coming before this House of the legislation, this House does not agree with the Government's decision to appoint Fingal County Council as the competent authority, which has been an incredibly controversial decision locally. I refer to the Minister's response to a question from Deputy Troy on this issue during a recent meeting of the Joint Committee on Transport, Tourism and Sport in which he said that some jurisdictions appointed organisations that are equivalent of the IAA but that most appointed bodies similar to Fingal County Council. In this regard, the Minister mentioned Germany, Denmark, the Netherlands, Luxembourg, Hungary, Greece, Finland and France. I put it to the Minister that the Danish transport authority, the Dutch ministry for infrastructure and water management, the Luxembourg ministry of sustainable development and infrastructure, the Hungarian ministry for national development, the French directorate general of civil aviation and the department of environment, and the Finnish transport safety agency are not the equivalent of Fingal County Council.
I am not saying they are the equivalent of Fingal County Council. On the Deputy's question regarding what actions are being taken by Fingal County Council, it is preparing for this appointment. It is the competent authority-designate in anticipation of Members of this House approving the appointment. This House is sovereign and, if it does not approve it, we will have to return to the drawing board.
For the fourth time.
We are making preparations for this because it is urgent. This has to be done as soon as possible. As the Deputy will be well aware, earlier in this story there were delays which were unexpected, mostly in the Attorney General's office, which meant that we unexpectedly had to make decisions we did not anticipate would have to be made. We are now on target.
On target two years later.
Fingal County Council is the competent authority-designate. If the House decides differently, that is a matter for the House.
The Minister says he is making the preparations, but in doing so he is spending a lot of public money that might be wasted. If he were really making the preparations, he would have brought forward the legislation to this House as the first step. Ireland is an outlier in that it is taking a different route from most of Europe. I note that the Minister used the term "similar" rather than "equivalent" but Fingal County Council is not similar to any of the organisations I mentioned. The DAA is its biggest ratepayer and it has operated in regard to the previous planning permission such that in no way could it be viewed as independent. Independence in regard to noise regulation is key in terms of this regulation. It is supposed to be for the benefit of communities and in that sense a listening experience. Will the Minister respond to my point? He said that the House could overturn the decision, which could be a huge waste amount of money in terms of the preparations that are being made by Fingal County Council. Why has this route been chosen when no other jurisdiction has done similar?
As I explained to the joint committee in July, Fingal County Council has responsibilities under an EU environmental noise directive-----
That is a joke.
-----which encapsulates responsibilities relating to noise caused by conurbations and major transport infrastructures, including roads, railways and airports. In addition, having regard to its planning functions, it has considerable experience and expertise in the conduct of environmental impact assessments, EIAs, and in managing extensive public consultations. There are, therefore, synergies arising from the assignment of this additional role.
On the issue of whether Fingal County Council is conflicted, I am aware that concerns have been raised around the designation of Fingal County Council as the competent authority and whether it is independent given the rates it receives from the DAA. Following close examination of the figures, it is my understanding that the DAA rate of demand for 2018 is approximately 15% of the total rates levied by Fingal County Council and represents approximately 8% of the council's overall budgeted income. Therefore, I do not accept the claim that Fingal County Council is unduly beholden to the DAA for its income. Further, the council will be provided with the appropriate resources to undertake the additional role.