Regarding the independence of the Aircraft Noise Competent Authority (ANCA), 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.
Finally, in relation to noise monitoring. The noise abatement procedures in place in Ireland are fully consistent with the requirements of the Environmental Noise Directive and EU Regulation 598/2014, which together establish the common European framework for the assessment and management of aircraft noise.
Dublin Airport’s procedures operate within this framework and are therefore in full alignment with the standard European procedures.
Dublin Airport is required to monitor aircraft noise around the airport and in communities in line with its responsibilities under the Dublin Aircraft Noise (Dublin Airport) Regulation Act 2019 and as required by Aircraft Noise Competent Authority (ANCA).
ANCA monitors the aircraft noise climate around Dublin Airport and 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.
