Dáil Éireann díospóireacht -
Thursday, 17 Dec 1998

Vol. 498 No. 6

Written Answers - Aircraft Nuisance.

Richard Bruton

Ceist:

69 Mr. R. Bruton asked the Minister for Public Enterprise the right of access, if any, to a complaints or adjudication procedure for members of the public who complain of nuisance or damage from over flying aircraft using a flight path. [28181/98]

Minister of State at the Department of Public Enterprise (Mr. Jacob)

There is no formal adjudication procedure in place for members of the public who complain about nuisance or damage from aircraft using specific flight paths. The Irish Aviation Authority, which is statutorily responsible for matters relating to air traffic control and air safety regulation, has published statutory requirements for aircraft operating in Irish airspace. The authority will examine all complaints received in relation to aircraft flight paths, in accordance with its established internal procedures, and will take action if a breach of the statutory requirements has occurred.

I would advise the Deputy that section 47 of the Air Navigation and Transport Act, 1988, as amended by section 72 of the Irish Aviation Authority Act 1993, provides that unless the IAA statutory requirements are not being met there are no grounds for taking any action. Section 47 states: "An action shall not lie in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of the flight, so long as the provisions of any order made under Part II of the Air Navigation and Transport Act, 1946, to give effect to, or to supplement, the Chicago Convention have been duly complied with." It should also be noted that the authority's published departure flight procedures for jet aircraft at Dublin include noise abatement elements to minimise exposure to noise on the ground. A Dublin airport noise management group has been established with the participation of Aer Rianta, the authority and representatives of the aviation industry, with the aim of developing and agreeing a noise management policy for Dublin airport. The group is currently examining ways of implementing a noise monitoring system for Dublin airport traffic.