The safety recommendation IRLD2021029 referred to by the Deputy specifically relates to the periodical review the availability of in-house expertise, to ensure that the Department retains the necessary technical capabilities to intelligently oversee and review all activities associated with Search and Rescue aviation operations. It is a separate and distinct matter from the progression of legislation to implement Government policy.
The Programme for Government includes a clear commitment to work with stakeholders to achieve the objective of lifting the passenger cap at Dublin airport as soon as possible. In line with that commitment, on 10 February this year I secured Government approval for the legislative approach to be taken to address the Dublin Airport passenger cap planning condition and to proceed to the formal drafting of a Bill. I have received a significant amount of legal advice in relation to using a legislative solution to address the passenger cap. The General Scheme published for pre-legislative scrutiny was developed having regard to that legal advice and my officials worked in conjunction with office of the Attorney General and with colleagues in the Department of Housing, Local Government and Heritage to develop Heads of Bill.
As the Deputy is aware, pre-legislative scrutiny of the Bill is underway by the Oireachtas Joint Committee on Transport. As part of that process, the Committee invited submissions from members of the public, aviation stakeholders and other interested parties. Several stakeholders including the daa, industry regulators, airlines and residents’ groups appeared before the Committee as part of this process. I expect the Committee’s report to be finalised next week, and I will take the recommendations of the report into account in finalising the Bill.
The Deputy may also wish to note that the safety recommendation that makes reference to ensuring that my Department has sufficient specialist aviation expertise to enable it to discharge effective oversight of the full range of IAA activities is IRLD2021031. On foot of this recommendation in the Air Accident Investigation Unit’s (AAIU) final report into the Rescue 116 accident, the previous Minister for Transport commissioned an independent review of aviation expertise utilised by EU ministries with responsibility for civil aviation. The oversight of aviation safety regulation in other jurisdictions was carried out by aviation consultants AQE (Aerospace Qualified Entity). The review concluded that the Department has resources and expertise that are comparable to those Ministries in other European states with an independent aviation safety regulator. The Department’s arrangements for the oversight of the IAA were found to be comprehensive, robust, covering the full range of aspects of the work of the IAA.
The Department also conducted an in-house review of the oversight of safety regulation in other sectors in Ireland. The review found that the Department of Transport has comparable personnel, expertise and resources allocated to the oversight of the IAA to that of other government departments overseeing an independent safety regulator. Similar to the other departments, the Department of Transport relies on its independent regulator for technical expertise and advice when appropriate.
When an external view is required, my Department contracts aviation expertise and draws on advice. There are significant advantages to the approach of externally contracting specialist aviation expertise as necessary. It gives access to a greater range, depth and quantum of expertise compared to a standing appointment of a single expert on contract or otherwise.
In addition, periodic review of the Irish Aviation Authority (IAA) by the Department is provided for in the Irish Aviation Authority Act 1993. Section 32 of the 1993 Act requires me to appoint an independent person or body to carry out an examination of the performance by the IAA of its functions in so far as they relate to the application and enforcement of technical and safety standards in relation to aviation safety. The section 32 examination is undertaken periodically, is independent from ICAO and EASA audits, and the audit is undertaken by contracted industry experts. A Section 32 examination is currently underway.
