I move: "That the Bill be now read a Second Time."
I appreciate the Minister coming to the House to discuss the Bill. I am pleased to speak to my first Private Members' Bill. I note the Government has opted to delay the Bill using a timed amendment for 12 months. I am disappointed in that approach. I believe it would be better to allow the Bill to be debated in more in depth on Committee Stage. I will be the first to say that improvements can be made to the Bill, but Committee Stage would have been a good time to hear input from the Government, academics, experts and communities, including residents who have strong views on the use of technology. Nevertheless, I appreciate the Minister being here and look forward to hearing his contribution.
I want to be clear that in respect of drones and unmanned aircraft in general, there is clear potential for this use of technology to serve us well. This is an evolution in how we transport certain goods and it is something for which we should be ready. I am bringing forward the Bill because, to date, the State has approached the issue of drones from the wrong angle. The regulation has been based on an air traffic control consideration. The public interest, including, for example, the interests of people in Dublin 15 whose air spaces now host frequent drone deliveries, has not come into the regulatory structure to date.
The air traffic control approach might have worked ten years ago, but we are dealing with an entirely different set of circumstances today. That is simply what my Bill is trying to do. It recognises that every new technology and evolution must be regulated in the public interest. Regulation to guarantee safety is critical, but that is the basic minimum we should expect. We have to ensure that the operation of drones works for everyone in our communities.
The potential of drones and unmanned aerial systems is significant. They are an innovation that Ireland can and should harness. A major change is happening in our society right now. Hundreds of journeys that up to this point took place on our roads are now being transferred into the skies over our homes and gardens. Many members of the public are asking how many drones flying over their house or gardens is too many. Up to this point, the State has refused to engage in a meaningful way in that particular conversation.
It is hard to see a direct historical comparison for the evolution we are seeing. The advent of the car is probably the closest thing in terms of autonomously operated vehicles that have the potential to proliferate in an environment. Today, nobody would question the very strict and extensive regulation that we have around car use when it comes to safety, noise, the environment, air quality and ensuring adequate space for walkers, cyclists and public transport. No one has a problem with the extensive regulation around cars and they are still able to fulfil their potential to move us and our stuff around. In the same way, regulation around drones will allow the use of drones to continue.
What I propose today should not be seen as some sort of hindrance to innovation, as some might argue. Balanced with the public good, the right of people to the reasonable quiet enjoyment of their homes, gardens and air space immediately above them, we can get the regulation of this new technology right.
What are people telling me about the impact of drones? Right now, it is clear that Dublin 15 and Dublin west are being viewed as a kind of test case and large-scale experiment. It is the first urban area in Ireland to experience large-scale drone delivery. People living in Dublin 15 have raised with me and other Deputies and councillors a wide range of issues relating to airborne delivery drones, including concerns about the noise from the machines, their safety, the planning status of drone bases, privacy issues - as we know drones are fitted with cameras – and their impact on wildlife. Many people have told me that the frequency with which drones are seen and heard above their homes has increased as the service becomes more popular.
It cannot simply be the case that people are told, "That is it, they are here now, so get over it". Local communities have a right to democratically shape and influence how their environment is used, how that changes and how those changes impact on them. That is the cornerstone of our democratic planning process. However, there are questions about the extent to which the operation of drones is even covered by the planning process in the first place. That is one of the central issues I am trying to address in the Bill. For example, if a private company, such as a business that operates some sort of noisy manufacturing process to make goods, proposed to open new facility, there would be tight regulation in terms of the level of noise and when noise would be allowed. The community would be able to involve itself in that decision through our normal planning process. It is unclear as to whether such opportunities exist in respect of drones. Again, that is central to why I am bringing forward the Bill.
I also want to address the environmental concerns that have been raised with me. For example, BirdWatch Ireland has said that drones can have detrimental effects on nesting birds. We are now seeing drones operate at scale in Dublin 15. There are hundreds of journeys every week. I will be very honest. It needs to be proved to me and others that this level of traffic in our skies is not having a negative impact on wildlife. Again, that is why we need have a discussion and a policy on this on a national level where the wider environmental impacts can be teased out.
It is not just me raising this. Earlier this week, the attorney general of the state of California joined with 17 other attorneys general from other US states to take a case against the Trump administration because it has significantly increased the volume of delivery drones operating in various states in the United States and reduced the level of regulation.
In that case, they are citing environmental concerns as central to the issues they are raising.
I do not know the answer to this but I need it to be looked at, and it is not being looked at right now. If we are going to see this happen in my home area and in other areas across Dublin and across the country, I believe these questions need to be answered.
There are other views on drones. I have been contacted by residents in my area who are supportive and find the service useful, and I absolutely recognise that. That is why getting a balance here is important, but a balance is not achieved by allowing one company or a couple of companies to do what they want and everyone else just has to react to that. That is why the State needs to step in in a legislative manner.
I will briefly set out some of the key provisions of my Bill for the record of the House. The Bill provides for the further regulation of private and commercial use of unmanned aircraft systems, commonly referred to as drones. The Bill creates new and mandatory planning regulatory considerations under the Planning and Development Act 2024 with respect to the private and commercial operation of drones, creating an additional consideration for the issuance of the national planning statement and by requiring local authorities to prepare objectives for the management of drone operations.
Section 1 just sets out the key interpretation provisions.
Section 2 amends section 2 of the Planning and Development Act 2024 to insert a definition of the term "unmanned aircraft systems" into that Act.
Section 3 amends section 26 of the Planning and Development Act 2024 to create a new consideration upon the Minister in the issuance of a national planning statement. That is the consistent regulation of the private and commercial operation of drone systems in the public interest. The term "consistent" is important to ensure that we have a uniform national application of the same considerations where multiple planning authorities are dealing with this. We should not have a different rule for drones in Dublin City Council from that in Cork County Council. That sort of situation will not work. This section is important because it sets out in national law a requirement for a national policy that will be established by the Government and that will be put into the national planning statement. In doing so, it allows that national debate to take place about what the public interest we want is in terms of drone usage. That has to happen. It has not happened yet. This has been done on an ad hoc basis, and that is causing real frustration and confusion. Requiring in national law that a policy on a national basis is taken is really important.
Section 4 creates a new obligation upon a planning authority to prepare objectives, as part of the making of a development plan, for the effective management of the private and commercial operation of unmanned aircraft systems in the planning authority area. The new section provides that objectives must ensure that the private and commercial use of drones is prioritised in favour of operations in the public interest and provides a list of such operations. Again, this is probably at the heart of the Bill. If we understand that the use of the airspace immediately above our neighbourhoods and our residential areas is limited, we have to create a hierarchy in terms of prioritising uses that are in the public interest: medical, emergency, architectural, wildlife, conservation and industrial safety uses. Drones can have very important health and safety uses. Those uses should be prioritised. A prioritisation can also ensure that private commercial operations can take place as long as that is happening in a controlled manner. The new section also provides that a planning authority may designate a use not listed as being in the public interest and the new section requires a planning authority to ensure that the objectives created for the above purposes must be consistent with that national policy statement.
Section 5 is a part that I believe addresses a very significant gap in our law at the moment, that is, that members of the public have no legal recourse right now when it comes to the noise impacts of the operation of drones. That is something that is raised with me time and time again. Section 5 amends section 108 of the Environmental Protection Agency Act 1992 to allow any person, a local authority or the EPA to make a complaint to the District Court with respect to the emission of noise from certain private or commercially operated drones. This again recognises that the presence of drones in airspace above and around residential areas can have an impact on environmental noise and it provides the public with a remedy about that noise in the same way they have remedies at present about noises coming from other areas.
Section 6 gives the Short Title of the Bill.
It is pretty much Dublin West represented here today. It is somewhat unique in that this is an issue for Dublin West right now. Sometimes when I talk about drones, people are like, "What are you talking about?", but this is a real issue. I said it before, but a massive change has taken place in Dublin West. Our skies are now buzzing with drones and we need to have a national conversation about this. It cannot be just the TDs and the councillors in Dublin 15 going on about it. I have not mentioned the one company involved because for me this is not just about one company but, rather, about national policy. It is one company now; it could well be two, four or many companies very soon delivering different things. This will happen in more of Dublin and in more of our country, and we need to have a regulatory structure. I was critical of the framework policy that came out in August, mainly because I felt it set out a few nice things but did not put in place timelines to address this, and timelines are crucial. That is why I moved forward with this legislation, because we need to start a concrete debate on how we regulate this technology in the public interest. Residents in Dublin 15, irrespective of their views, whether they find the delivery drones useful or not, want to see that clarity and regulation in the public interest.
I look forward to the Minister's response and the contributions from colleagues.