Regarding the independence of the Aircraft Noise Competent Authority, as the Deputy will be aware, the designation of Fingal County Council (FCC) as the Competent Authority was subject to extensive debate in the Dáil and Seanad, and during the pre-legislative scrutiny of the Aircraft Noise (Dublin Airport) Regulation Act 2019 (the 2019 Act).
Furthermore, my department also sought legal advice on the matter at the time to ensure the selection of FCC met with the independence criterion of EU Regulation 598/2014.
The 2019 Act gave effect to EU Regulation 598/2014 in Ireland. Under Section 3 of the 2019 Act, FCC is designated as the sole competent authority for the purposes of EU Regulation 598/2014 under Section 3 (1) of the 2019 Act.
As per the 2019 Act, the competent authority functions are vested in the Chief Executive of FCC or a suitable delegate.
Following enactment of the 2019 Act, the FCC Chief Executive subsequently created a new division called the Aircraft Noise Competent Authority within its executive branch. ANCA is headed at a senior level by a Director of Service, who is supported by a core executive team and specialist service providers.
The independence of ANCA is secured in Section 3 of the 2019 Act, which makes it clear that in performing the functions of the competent authority, the Chief Executive and any employee are carrying out an executive function and shall not be subject to the direction of any other person (including the elected members of FCC). The 2019 Act provides that there is independence in decision making (Section 3), in funding (Section 5) and that this is supported by specific provisions ensuring transparency throughout the process (Section 9).
In relation to the levy, local authorities have a wide range of statutory based regulatory and enforcement functions. These relate to both their environment and planning roles and sit alongside their rate collection and property tax setting functions.
It is not reasonable to assert that the exercise of regulatory roles by local authorities might be in some way compromised by their sources of funding, and it is not unusual for regulatory bodies to be funded by the regulated entity in the form of a levy or charge on that entity.
Regarding the collection of environmental information under sections 9(10) and 19 of the 2019 ,the daa is responsible for implementing and maintaining noise measuring systems in the communities around Dublin airport. It is required to monitor aircraft noise around the airport and in communities in line with its responsibilities under the Act 2019 and as required by ANCA.
I understand that Dublin Airport currently has 25 fixed noise monitors located at various sites, generally under or near flight paths, throughout counties Dublin, Meath, and Wicklow, with an additional seven mobile monitors that can be rotated through comm
As the Deputy will be aware, ANCA monitors the aircraft noise climate around Dublin Airport and publishes noise contours that show the geographical impact of aircraft noise on the communities around the airport.
The contours represent aircraft noise that is averaged over a full year for different periods of the day in a standardised European format. The noise level of individual aircraft events is also available on a public web portal from the extensive network of daa noise monitors around the airport.
Every year, ANCA carries out an assessment of the effectiveness of the noise management measures at the airport and publishes a report on the findings on its website. This is in addition to publishing annual reports by the airport authority on the compliance by airport users with the noise management measures.
If through regular review, or an assessment of the potential impact of development at the airport indicate that new or amended measures are required to manage aircraft noise at the airport, ANCA will facilitate a period of public consultation on draft proposals to address any noise problem or potential noise problem.
Regarding points raised in relation to records released under Fingal FOI decisions FOI/2026/071 and FOI/2026/072, I understand that they are factually correct.
In relation to ANCA enforcement actions, the 2019 Act provided for consequential amendments to the Planning and Development Act 2000 to allow for planning permission for development at the airport to be processed in the same way as most planning applications – i.e. any application will be made to FCC in the first instance, with a provision for appeal to An Coimisiún Pleanála against its decision. This arrangement facilitates the involvement of ANCA in the processing of a planning application that has a noise dimension.
In relation to point (h), as I have set out previously, the independence of ANCA is established in the 2019 Act.
