I thank Deputy Daly for the chance to answer this question and update to the House on this very important issue. As Deputy Daly will be aware, there is a certain repetition in terms of what is happening here today. In September 2016, I announced my intention to designate the Irish Aviation Authority, IAA, 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 many other European member states, and it was broadly consistent with previous practice in assigning aviation regulatory functions to the IAA.
This proposed approach was supported by legal advice at the time. It was pursued by my Department as the most straightforward way of activating the regulation and facilitating its timely implementation in Ireland, which is in everyone’s interest. The function was to be assigned to the existing regulatory division in the IAA and was to be managed on a functionally independent basis from the commercial activities of the IAA in the provision of air navigation services.
On foot of the most recent legal advice of senior counsel engaged by the Office of the Attorney General, it is clear that this approach is no longer advisable. Case law at European level has now led to a more strict interpretation of what constitutes functional independence within an organisation. The necessary staffing, reporting, accountability and funding arrangements required to meet the new benchmark of functional independence simply meant that the IAA was no longer a viable option. In effect, the requirements to ensure the independent exercise of the competent authority role would not be consistent with the principles of good corporate governance of the IAA as a whole.
I have already instructed my Department to re-engage with the Departments of Housing, Planning and Local Government and Communications, Climate Action and the Environment as a matter of urgency to consider the possible options for assignment of this role to an existing State body. I will talk to my two Cabinet colleagues and will advise the Deputy once a decision is made.
Arising from the latest legal advice, the Deputy will be also-----