I thank the Deputy for the opportunity to speak to the House about the important issue of aircraft noise and the aviation sector more generally. I am confident we can all agree, even though it is so often stated, that, as an island nation, aviation plays a crucial role in our economy and society. I welcome the opportunity to discuss the Government’s position on Second Stage of this Private Member’s Bill, the Aircraft Noise (Dublin Airport) Regulation (Transfer of Functions) Bill 2024. The Bill proposes to repeal section 3 of the Aircraft Noise (Dublin Airport) Regulation Act 2019, which designates Fingal County Council as the competent authority for the purposes of the EU aircraft noise regulation and to transfer the functions of the competent authority for the purposes of that regulation from Fingal County Council to the Environmental Protection Agency, and to provide for connected matters. After careful consideration, the Government’s position is to oppose this Bill for a number of reasons, which I will outline shortly. First, however, the Government recognises the intentions of the Deputy in preparing this Bill, which is to ensure proper and timely regulation of aircraft noise. I also wish to assure the Deputy that Government Members share a number of his concerns about the impact of aircraft noise for those living in and around Dublin Airport. My colleague, the Minister, Deputy O’Brien, has been engaging extensively with a range of stakeholders on the matter in recent months, including residents, airlines, the airport and regulators. Indeed, when the 2019 Act was being drafted, Fianna Fáil colleagues engaged significantly in the development of the text and proposed a number of amendments to the then draft legislation to strengthen the independent functioning of the noise regulator. However, while brief in its content, the Bill is potentially far reaching in effect. As I will now outline, there are a number of reasons the Government cannot support it. First, the Bill, as drafted, lacks pre-legislative scrutiny and detail on the proposed transfer of function. When the 2019 Act was being drafted, the process was subject to an extensive consultation and scrutiny with key stakeholders. I am sure the House will agree that there is a reason it is generally the case that complex and far-reaching legislation such as the 2019 Act is developed within the confines of Government and follows strict processes, including lengthy consultation, legal advice from the Attorney General, scrutiny by Oireachtas committees and extensive engagement with stakeholders. This draft Bill has not been subject to such a robust process of scrutiny or public consultation and as such it does not include the necessary detail on a number of key issues, most notably how the transfer of functions between Fingal and the EPA would be achieved in practical terms. It is unrealistic to transfer the functions of the competent authority to the EPA in circumstances where it is not clear if the organisational capability and structure of the EPA has been considered and whether the requisite planning and noise expertise is in place. As drafted, the Bill appears to assume that systems and personnel exist to give effect to its provisions. However, this is simply not the case. At the time of drafting of the 2019 Act, a number of agencies were considered for the role of competent authority with responsibility for noise regulation, including the EPA. When evaluating the various options available, a number of factors were considered, not least the availability of potential agencies to provide an independent aircraft noise regulation process in accordance with EU Regulation No. 598/2014, which deals with the establishment of rules and procedures regarding the introduction of noise-related operating restrictions at Union airports. This regulation implements the International Civil Aviation Organization's balanced approach to aircraft noise management, which takes into consideration a range of measures such as operational restrictions, noise mitigation techniques and land use planning before implementing any noise-related operating restrictions. Therefore, a key consideration when selecting the competent authority was that it required organisational experience in assessing planning applications. In short, it was concluded that the EPA did not have the requisite experience in assessing planning applications to fulfil this role. I am informed that this remains the case. In 2006, the EPA was designated as a national authority under section 5(1) of the European Communities (Environmental Noise) Regulations 2018. This role requires the EPA to exercise general supervision over the functions and actions of noise-mapping bodies and action planning authorities, including Fingal, with regard to the Dublin Airport noise map and action plan. It further requires the EPA to provide guidance to such bodies where necessary. Any consideration of the EPA for the role of competent authority would require an assessment of whether it could be considered independent in its capacity as a competent authority under EU Regulation No. 598/2014 given its existing role. Regarding the independence of the competent authority, as outlined earlier, the designation of Fingal as the competent authority was subject to extensive debate in the Dáil and Seanad and during the pre-legislative scrutiny of the 2019 Act. I am informed that the Department of Transport sought legal advice on the matter at the time to ensure the selection of Fingal met the independence criterion of EU Regulation No. 598/2014. As the Deputy is aware, the 2019 Act explicitly states that the competent authority shall be independent and not subject to the direction of any other persons, including the elected council. While within Fingal, the aircraft noise competent authority, commonly known as ANCA, operates as a distinct and independent entity, a further significant factor for consideration is the fact that the regulation of noise at Dublin Airport is invariably tied to the development of the airport and the planning process. In this respect, Fingal was adjudged to have the necessary experience to assess planning applications and have both the organisational capability and structure to take on this regulatory role. My fourth and final point is that the 2019 Act provides for a review of the performance of ANCA within seven years of enactment with regard to its functions under the legislation. The first such regular periodic review is due to be commenced by September 2026. I firmly believe that if we are to achieve coherent, lasting improvements in regulation, we must ensure that our legislative efforts are co-ordinated and consistent. I believe that pre-empting this formal review process at this juncture, no matter how well intentioned, would both undermine the intent behind the original legislation and existing regulation of noise at Dublin Airport. Dublin Airport is a critical driver for economic growth and supports many jobs both directly and indirectly. It is important to the Government to balance these economic benefits of aviation with the objectives of the national aviation policy and the legitimate rights of local residents, which is why it is essential that we have a robust, practical regulatory framework for aircraft noise. In this context, I am pleased to say that my colleague, the Minister, Deputy O'Brien, and this Government are committed to reviewing and updating the national aviation policy in line with the commitment in the programme for Government. As the Minister, Deputy O'Brien, has previously indicated, he will engage with colleagues across the House as work on that review progresses in the latter part of the year. For the numerous reasons I have outlined, the Government considers that this Private Members' Bill should be declined a Second Reading.

Sentiment score: 0.28

I thank all of the Deputies for their contributions today, the points they have raised and Deputy Smith for bringing this important topic to the House. As set out in my earlier remarks, the Government fully recognises the importance of having an open and transparent noise regulation system. The development of Dublin Airport in a sustainable manner that considers the impact on local communities is something for which the Minister for Transport has always strongly advocated. The Minister has committed to ensuring all relevant agencies engage effectively with residents impacted by noise, flight movements and airport operations. In this regard, I am aware the Department of Transport and the Minister, Deputy O'Brien, regularly engage with the Dublin Airport Authority on a number of matters including noise affecting communities around Dublin Airport. I understand the DAA has assured the Department of Transport that it continues to regularly engage with the community and stakeholders on issues related to noise at the airport via its community engagement team, which conducts visits to local homes and schools to discuss a wide range of issues ranging from flight paths to noise mitigation measures. This is in addition to the large volume of email responses and updates issued to residents and local elected representatives. These kinds of earnest and regular engagements are essential. We cannot afford to limit our economic opportunities simply due to a reticence around having tough conversations about growth, sustainability and noise regulation. Ensuring there is a robust regulatory framework for aircraft noise at Dublin Airport is not about blocking progress. It is about managing the sustainable growth of the airport while also protecting the rights of people who live within the vicinity of the airport and under flight paths. This Government firmly believes these concepts can co-exist successfully - a thriving Dublin Airport and robust noise regulation with an independent regulator. That is why I highlighted in my opening remarks the planned update of the national aviation policy. Ireland deserves an aviation policy that is future focused and a national the national aviation policy will need to take account of the changed aviation landscape since 2015. In the context of aircraft noise, I expect this will include reflecting the importance of fit-for-purpose noise regulation in line with the balanced approach concept for aircraft noise. The way to achieve this balance is by listening to all stakeholders using modern technology and applying smart policy solutions. This means implementing reasonable controls, ensuring that noise is measured and capped within agreed levels, flight path management and making sure residents are consulted with and kept informed. For context, in the implementation of the 2019 Act, in its role as aircraft noise regulator, Aircraft Noise Competent Authority, ANCA, previously defined a noise abatement objective, NAO, policy for managing the effects of aircraft noise emissions on the surrounding communities and environment for Dublin Airport. This is effectively a plan to ensure any growth at the airport occurs in the most sustainable manner possible. On an annual basis, ANCA has a remit to review the effectiveness of noise mitigation measures in achieving the NAO for Dublin Airport. I understand a review of noise levels and their effects on local communities has been initiated by ANCA. Through this process, ANCA will evaluate whether the noise impact at Dublin Airport since the opening of the new runway is of a scale that requires new noise mitigation measures or possible operating restrictions. In relation to the performance of ANCA at the regulator, the Government is confident the current system with ANCA as the independent regulator for the management of noise at Dublin Airport is proper and effective. When the 2019 Act was being drafted, the Department of Transport carried out extensive policy and legal examination to determine how best to introduce a noise regulation regime which on the one hand fully accords with EU regulation 598/2014 and on the other aligned with our existing planning and development and environmental frameworks. The outcome of these deliberations was the conclusion that the only certain way to achieve this way by primary legislation and that Fingal County Council was the best option. Further, as I set out earlier, the first periodic review of the competent authority as provided for in the legislation is due to be commenced in September 2026. It is important we do not pre-empt the outcome of this work before it even begins. In conclusion, I am firmly of the belief that the best approach to ensuring effective noise regulation at Dublin Airport in as comprehensive and cohesive a manner as possible is through a review as provided by the 2019 Act and, separately, the development of a new national aviation policy. The Minister, Deputy O'Brien, and his officials will continue to work closely with all relevant stakeholders to monitor the issue and ensure the existing regulatory framework continues to apply the balanced approach to the issue of noise management. While I thank Deputy Smith for introducing the Bill and initiating this debate, for all of the reasons outlined, the Government will oppose this Bill. Overall, it has serious concerns about the Bill and if enacted it would have the opposite of its intended impact and actually negatively impact noise regulation at Dublin Airport.

Sentiment score: 0.44