I move: "That the Bill be now read a Second Time." I am pleased to introduce the Dublin Airport (Passenger Capacity) Bill 2026 for the consideration of the House. The main purpose of this Bill is to address the passenger cap planning condition at Dublin Airport. The importance of addressing the passenger cap and its effects on Dublin Airport is recognised clearly in the programme for Government, which includes a clear commitment to work with stakeholders to achieve the objective of lifting the passenger cap at Dublin Airport as soon as possible. I have met with a wide variety of stakeholders over the past 18 months, including local residents, airlines, business groups and industry regulators in relation to the passenger cap planning condition. The general scheme of the Bill has also been scrutinised by the Oireachtas Joint Committee on Transport, which received a considerable number of submissions from a wide range of stakeholders. The committee held several hearings to ensure that the views of all interested parties were heard, and I have taken on board the recommendations of the committee insofar as possible in finalising the text of the Bill. In drafting this legislative intervention, I have taken the views of all of these stakeholders into account. I have also obtained extensive legal advice throughout the drafting of the legislation, and I am satisfied that what I am presenting will allow for the continued sustainable development of Dublin Airport, while balancing the rights of local residents with the objectives of Ireland's national aviation policy and the needs of business and tourism. I think we can all agree that, as an island nation, Dublin Airport is of strategic importance to this country. Over 36 million passengers travelled through Dublin Airport in 2025. As such, there are a number of recognised risks around the passenger cap planning condition remaining in place. First, if enforced, it would result in an immediate cut of over 4 million passengers per annum, impacting on existing connectivity and employment at the airport and in the wider aviation sector. Second, it would stifle continued growth, undermine our ambitious hub strategy for the airport and negatively impact on our economy in terms of business, trade and tourism. It will also very negatively impact on the jobs the airport underpins. There are about 130,000 direct and indirect jobs in Dublin Airport. Airlines need certainty to plan future schedules and the continued existence of the cap creates only uncertainty, which can be expected to continue to affect the choices that airlines will make about serving the Dublin Airport. Finally, the reputational damage for Ireland could be impacted if capacity is restricted at our main international gateway. The 32 million passenger cap is a planning condition that was imposed by An Coimisiún Pleanála, then known as An Bord Pleanála, when granting permission for terminal 2 in 2007 and extension works at terminal 1 in 2008. The condition was put in place primarily to address surface access constraints at the time. However, there have been significant upgrades of local road access and public transport offerings to and from the airport since then. It is also very significant, as Members will know, that we have a full, clean planning permission for MetroLink, on which construction will start next year. DAA has statutory responsibility for the management, operation and development of Dublin Airport and it is its responsibility to engage with the relevant planning authorities to ensure that planning permission is in place to facilitate the development of the airport. DAA submitted its infrastructure application to the relevant planning authority, Fingal County Council, in December 2023, seeking to increase the passenger cap to 40 million passengers per annum and seeking permission, importantly, for the development of a suite of infrastructure projects at the airport to facilitate growth. This planning application is currently under consideration by Fingal County Council. As part of the process in place for development at the airport since the enactment of the Aircraft Noise (Dublin Airport) Regulation Act 2019, a draft noise-related regulatory decision was published by the Aircraft Noise Competent Authority, ANCA, last month and is currently subject to a public consultation for a period of 14 weeks. A final regulatory decision in relation to the noise aspect of this planning application is expected after that period ends. This decision will be incorporated in the planning decision by Fingal County Council, which is expected shortly thereafter. It is, however, likely that any planning decision by Fingal County Council may then be appealed to An Coimisiún Pleanála and may also be subject to judicial review. This further highlights the need to address the passenger cap by way of a legislative solution to ensure clarity for all stakeholders and to ensure that connectivity to and from our country is not undermined. I will now take colleagues through the main provisions of the Bill that will empower me, as the Minister for Transport, to make an order to amend or revoke the passenger cap planning condition. In Part 1, the first thing I draw attention to is the definition of "passenger capacity condition" under section 2 of the Bill. This definition makes it clear that the power to make an order relates solely to a planning condition that limits the number of passengers who use Dublin Airport for the purpose of travelling by air to or from another airport in any period. I know there were concerns raised during pre-legislative scrutiny that the power being provided to amend any planning condition in the general scheme was too broad, and that has been addressed. Under section 6 of this Part, I have a general power of direction to DAA for any purpose related to this Bill. I may use this power to procure information from DAA in relation to an application, ensure the preparation and submission of appropriate reports relating to the environmental assessments or initiate the application process, which is a very important provision. In such directions, I may specify the period and form in which information should be provided. DAA has a legal obligation to comply with such a direction. Part 2 provides that DAA may make an application for the making of an order under the legislation. That application from DAA will propose the manner in which the passenger cap is to be amended or revoked, reasons for the application and a summary of the environmental impacts. I will consider the application and consult any person I consider appropriate. If I am satisfied there is justification to make an order, I will notify DAA of my intention to do so and direct it to prepare an environmental impact assessment report and a Natura impact statement. I have the power to accept, vary or refuse an application from DAA. Part 3, covering sections 8 to 23, inclusive, provides for the environmental impact assessment and appropriate assessment that will be undertaken independently of me, as Minister. An Coimisiún Pleanála will carry out the assessments under the habitats directive and the environmental impact assessment directive, which will include consideration of compliance with the water framework directive. As part of these assessments, the commission will publish the material for the assessments and undertake a public consultation for a period of no longer than 30 days. There is provision, though, for a further 30-day public consultation should the commission seek and receive further information that is substantial in nature. I have included strict timelines within the legislation, and the commission will have 20 weeks to carry out the assessments and come to a reasoned conclusion in relation to the environmental impacts of making an order and a determination as to whether there will be an impact on the surrounding habitats. There is the ability to pause this timeline for a period of four weeks to allow for any requests for further information to be dealt with. The commission is encouraged, insofar as possible, to carry out these assessments jointly and to take all necessary steps to work in an expeditious manner, avoid any undue delays and ensure that appropriate resources are allocated to carry out its functions under the legislation within the timeframe provided. The commission will notify me of its findings arising from the environmental assessments and publish its reasoned conclusion and determination. Part 4 sets out the parameters around the making of the order by me and that an order will be superseded by a planning decision on the DAA's infrastructure application. Under section 24, I am prohibited from making an order until the environmental assessments have been carried out. I believe that provision addresses some concerns raised during pre-legislative scrutiny about the public being excluded from the process. This is not the case. At least one period of public consultation in relation to the environmental impacts of making an order will take place. Under section 25, I am empowered to make an order to amend or revoke the passenger cap, where I am of the opinion that the passenger cap is causing harm to the economy of the State, international connectivity and Ireland's reputation in respect of air transport. In making an order, I will consider and take account of the outcomes of the environmental assessments undertaken by the commission, and I have the power to include any conditions in an order that I deem appropriate to mitigate any impact on the environment. In consultation with the Minister for housing, where appropriate, I can deem the conditions attached to an order as exempted development but only where they are not separately subject to environmental assessments under EU law. I will publish an order on my Department’s website and in Iris Oifigiúil and inform Fingal County Council, which is the relevant planning authority. While it is critical that we deal with the passenger cap planning condition, it would be meaningless to do so if we did not have the infrastructure to accommodate that future growth. Therefore, in the preparation of this legislation, one of the key objectives was to protect DAA's live planning application. As such, the legislation I bring before the House today was crafted to allow that application to proceed through the planning process, notwithstanding the making of an order. Section 26 sets out the effect of an order as it relates to that planning application given that both deal with the same planning condition, namely, the 32 million passenger cap. In short, once a final decision is made in relation to DAA's infrastructure application, that decision will supersede any order made under this legislation in this particular application. However, an order will remain in place through any appeal or judicial review, JR, of that planning decision and if that planning application is refused, then the order will also remain in effect. This will ensure consistency and certainty for all stakeholders while DAA's planning application proceeds to a final planning decision. I believe this also addresses a recommendation, which, again, arose from the committee, for a sunset clause to be introduced. Part 5, which covers sections 27 to 35, inclusive, sets out the judicial review procedures. The validity of an order made under the legislation, or an alleged failure to carry out a function under the legislation, may only be challenged by way of judicial review. An application for leave to apply for a JR must be taken within eight weeks and the applicant must have sufficient interest in the matter. Part 6 provides for amendments to the Planning and Developments Acts. Under these amendments, Fingal County Council and An Coimisiún Pleanála are prevented from imposing a passenger cap as a condition in future planning decisions related to Dublin Airport. However, this does not apply in the case of the condition being imposed following a noise assessment by the noise regulator, ANCA, under the balanced approach and it does not apply, in this instance specifically, to the DAA's live infrastructure application. This Part also provides for amendments to the Aircraft Noise (Dublin Airport) Regulation Act 2019. The definition of operating restriction has been amended to align with EU regulations on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at European Union airports within the balanced approach. Two transitional provisions that are no longer relevant have been deleted and a provision has been inserted to clarify that the 32 million passenger cap is not an operating restriction within the meaning of the 2019 Act. Section 39 provides a derogation from section 15(1) of the Climate Action and Low Carbon Development Act 2015. I want to explain a couple of reasons this is the case. First, the passenger cap was not a targeted climate measure and, second, international aviation emissions are excluded from the climate action plan. As such, this provides clarity as to the application of that Act to the actions that are under this specific legislation. As I mentioned, we are an island nation and we cannot ignore the strategic importance of Dublin Airport to our economy and the serious harm that would be caused to the economy, our people, our international connectivity and the international reputation of the State by failing to be in a position to facilitate not only future growth, but the current level of passengers and cargo at our main international gateway. The legislation I am proposing will not only allow us to ensure the sustainable development of the airport, but will also ensure that any environmental impacts will be independently assessed and the views of the public will be heard as part of that process. As such, it is my view that the approach set out in the legislation represents the most balanced and reasonable way forward. We are dealing here with a legacy issue. The Dublin Airport passenger cap does not serve this State or the people of the region well. I want the airport to grow on a sustainable basis and to operate as a good neighbour. I grew up beside the airport and have lived in the area my whole life. I know that tens of thousands of people derive income and good salaries from Dublin Airport. It is a critical part of infrastructure in this country and critical to our international connectivity. We have tens of thousands of people working there who not only derive an income there, as I said, but are at the leading edge of aviation, not just in Ireland but across Europe and the globe. This legislation is critical to ensuring we can grow Dublin Airport in a sustainable manner. It ensures and enshrines public consultation within it but sets strict timelines in that regard. We have also ensured that the existing planning application that is with Fingal County Council is fully protected. There is a process within this as well, in that the Bill gives the Minister of the day the power to preclude the imposition of further caps but also to seek applications from the Dublin Airport authority in this instance to raise the cap further in that regard. I am looking forward to the debate and the input from Members from across the House. I thank the members of the joint committee under the chairpersonship of Deputy Michael Murphy for the work they have done in this regard. We have reflected many of the recommendations from the pre-legislative scrutiny and the committee's report in the Bill. This Bill is of strategic importance. It is urgent that it be passed. For this reason, I thank the House for its consideration of Second Stage today. I look forward to moving the legislation to its conclusion next week.

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We start building next year.

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Me too.

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I am.

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There was no delay.

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Construction starts next year.

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I thank all Deputies for the contributions they have made. I thank them for the constructive contributions that were made by most. It is unfortunate that the Members who were some of the most vociferous opponents and made the most impassioned pleas have not remained in the Chamber to get an answer to the questions or the points they have raised. I hope that will be what Committee Stage is for. I will deal with regional growth and regional airports in a moment, but first, this Bill provides us an opportunity to deal with a legacy issue that is there and, frankly, to deal with some issues that DAA under previous management did not deal with. This condition was on two planning applications going back to 2007 and 2008. It should have been dealt with before this. It is unsustainable that it remains in place. This cap will be lifted through this legislation in a sustainable and respectful way to adjacent communities. To complement that is the draft decision of the Aircraft Noise Competent Authority, ANCA, which it just issued last month in relation to noise. There are real noise issues with some communities. I listened to Deputy Coppinger and Deputy Ahern of Labour, whose points I may speak to in a moment, but as I said earlier on in the debate, the reality of it is I live beside the airport. I represent an airport community. We know how important that airport is. We know that in some incidences that relationship between the airport and some local communities has not been as it should be and needs to improve further. The draft regulatory decision by ANCA will be a very important one. I have written directly to the airport in relation to expansion of the noise insulation scheme. We want to see that happen. The ANCA decision will allow that happen. We want to see improvement to the voluntary purchase scheme for those directly impacted. I talk about residents who I have met in St. Margaret's, the Ward and the wider area, but also residents in parts of Portmarnock for whom noise insulation needs to be addressed. Deputy Toole and some others mentioned flight paths, which was valid. I am committing here that we will carry out an independent assessment of flight paths. There have been issues for residents where flight paths and planning permissions have been granted and they have not seen those flight paths operate as they were approved. That is not acceptable. A retention application went in on that. That is something I am committing to the House that we will have an independent assessment of the flight paths operated out of Dublin Airport. Dublin Airport does need to continue to grow, and it is growing. It underpins jobs, as Deputy Daly said on behalf of Sinn Féin. It is recognised, as other Deputies said, how many thousands of jobs, livelihoods and families are sustained by the airport. I also refer to the international connectivity we derive from the airport as an island nation within Europe. I was surprised that the Labour Party spokesperson on transport needed a definition to try to understand what international connectivity is about. I broadly welcome the input to the debate. Residents are to the forefront of my mind; as are those residents' jobs and people's jobs. That has been rightly raised here because some, like Deputy Richard O'Donoghue, have tried to paint it as some Dublin instead of any other airport thing. That is just not true. We are in the middle of a €200 million investment in Cork Airport at the moment. Let us look at the regional airports. Cork Airport is up 13% from 2024 to 2025 with 3.46 million passengers. Deputy Quinlivan mentioned Shannon Airport; I have been there on a number of occasions. It is up 9% in passenger growth on a full year basis to 2.3 million, with capacity to do more and a very good capital plan. We have now brought Shannon Airport into the regional airports programme. We have changed the regional airports programme to enable us to assist and fund Shannon. I want Shannon Airport to grow. It is growing. I want Cork Airport to continue to grow. It is also growing, thankfully. I want Ireland West Airport at Knock to continue to grow. Its numbers are up 13.5% year on year. I was at the 40th anniversary of the airport at Knock. It is a wonderful facility and it is touching on a million passenger journeys through there. Kerry Airport is at 440,000 passengers, up about 5.5% year on year. As regards Donegal Airport, also critical to the northwest region, we have made sure we are supporting the PSO service and the schedule there. That is really important. On an all-island basis, we are funding through the Taoiseach's shared island initiative, the PSO that will enable us to start the Dublin to Derry route again. That will also be great for connectivity in that area. We do have Belfast International Airport on the island as well. We have to look at this on an island basis. Some have asked about a national aviation policy. We have committed to doing that. We will be bringing forward an issues paper later this year and will seek public consultation into a new national aviation policy. We are world leaders in aviation. Some people want to ignore that. We have the largest airline in Europe. Some of the CEOs of the top companies all the way across the world are actually Irish. We have great expertise and a great track record in this sector too. If we look at the area of leasing, over 50% of the aircraft that fly across the world are leased in this country. Aircraft engines are leased in this country. There is also the expertise that our MRO sector has, underpinning tens of thousands of other jobs. There is a new facility open in Knock airport where aircraft engines are being repurposed. Lots of really good things are happening here. We cannot have a situation whereby, through a legacy planning condition, the main international airport - I say the main, not the only - and an airport that is also an international hub is stifled in its growth. If we do not address this we may not only be looking at stifling its growth. Deputy O'Gorman seems to want that we go back to the 32 million cap. Some 34.6 million passengers went through the airport last year. If you cut those numbers you are cutting jobs, connectivity and routes. I do not think anyone can say with any degree of honesty that this is something the general public across Ireland would want. Even among many of my constituents, the vast majority of them support the move to remove the cap in a sustainable way. There are others who do not - let us be straight about that too - and I respect where they are coming from. A lot of that has been down to the way they feel and the way they have been treated over ten, 15 and 20 years. I want that to improve. The airport has to operate under a good neighbour policy. I can assure the House that the board that is there, the interim chief executive, the management team and the new chairperson who is coming in, are really clear about that and they want to that to happen. In many incidences they do. This is not just through community benefit funds and others. We need to see expansion of the noise insulation schemes and the other things I have mentioned. The new national aviation policy will be important in that regard to underpin this. I can assure Members that we will work on a constructive basis through Committee and Remaining Stages on this Bill. It is a very important piece of legislation. I am committing to the House on the independent assessment of flight paths that we will carry out. To those who came into the House and said there is no environmental considerations in this Bill, that is not true. It is absolutely not true. It is clear throughout the Bill. Those assessments will be assessed by An Coimisiún Pleanála; not by the Department or by me as Minister, and rightly so. I am just surprised the leader of the Green Party is not very clear on our obligations under the climate Act or our international obligations under climate agreements. The emissions of the aviation sector are not counted in that sector. As a small island nation, we do not have large industrials here. We are moving in the right direction in relation to emissions reductions. We also have to see how we connect with the rest of the world, how we continue to drive growth in that sector, continue to ensure technological advances in aviation continue where we are reducing emissions and fuel use, and that we look at alternative fuels. We have to do more than look at it but also look at how we can improve the blend, as Deputy Ó Muirí was mentioning earlier in relation to the work we have done on SAF. We are one of the first European countries to come out with a SAF roadmap. This legislation is urgent. It is priority and it is needed. I welcome the support from most of the House, though not from all, to look very clearly at what we are intending to do. We are not intending to rip up the planning Act in any way, shape or form. We are dealing with the legacy issue here in a way that is fully respectful of our environmental considerations. We are also ensuring that the airport operates under a good neighbour policy and improving the situation for the small number of residents who are very directly impacted. We want to operate and move this legislation through in an efficient way but in a fair and balanced way, which we will also do. I thank the Deputies for their contribution. I thank my own team from the Department who have been here assiduously taking notes of contributions, as have I. That will inform us as we go into the Committee, Report and Final Stages of the debate, which I understand we intend to have next week in the Dáil. Then from there it will go to the Seanad. I very much appreciate people's time here today and their input into this important legislation. Let us move on and get this done for the good of our country, of the Dublin region and of all of us by virtue of the jobs and economic growth it underpins.

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