246. Deputy Gillian Toole asked the Minister for Transport whether his Department has had any communication with affected residents or their representatives since August 2022 regarding referred complaints concerning the Runway 28R Standard Instrument Departure to Fingal County Council; whether he is aware that Fingal County Council has stated, including in the course of correspondence with the Office of the Ombudsman, that it lacks technical expertise in flight path matters; whether he is aware that the Aircraft Noise Competent Authority has confirmed it monitors for noise compliance only and does not monitor planning compliance with the 2007 Environmental Impact Statement; whether he is aware that Freedom of Information decision TRA-FOI-2026-0086 of 9 April 2026 confirmed under section 15(1)(a) that the Department holds no records of any aviation qualifications among its staff, has conducted no periodic expertise review of the kind recommended by Safety Recommendation IRLD2021029 of the 2021 Air Accident Investigation Unit Report on Rescue 116, and holds no terms of reference, findings, or actions taken in respect of such a review; whether he is aware that his Department's Assistant Secretary for Aviation confirmed to the Joint Committee on Transport on 4 March 2026 that "daa are the owners of the data" (details supplied); and if he will make a statement on the matter. [31817/26]

I can confirm that my Department has not in any communication with affected residents or their representatives since August 2022 referred complaints concerning the Runway 28R Standard Instrument Departure to Fingal County Council (FCC).

Regarding whether I am aware that FCC “has stated, including in the course of correspondence with the Office of the Ombudsman, that it lacks technical expertise in flight path matters”, I want to clarify that FCC does not set flight paths.

As a contracting state to the International Civil Aviation Organization (ICAO) and a member state of the European Union, Ireland complies with ICAO standards and EU legislation regarding civil aviation. Under EU legislation, the operator of an airport is responsible for the design and maintenance of Instrument Flight Procedures (IFPs) which set flight paths into and out of an airport. The Irish Aviation Authority (IAA), as the civil aviation safety regulator in Ireland, has responsibility for ensuring that IFPs adhere to safety standards set out in national, EU and international regulations.

I can further confirm that I am aware that “the Aircraft Noise Competent Authority (ANCA) “has confirmed it monitors for noise compliance only and does not monitor planning compliance with the 2007 Environmental Impact Statement” and I can confirm that this is in line with the statutory functions of the competent authority.

Regarding the points raised in relation to the aviation qualifications of the staff in my Department, I would like to clarify a number of points. As the Deputy may be aware, the IAA oversee both Air Nav Ireland and daa in relation to aviation safety and technical standards. The IAA are themselves subject to oversight from both ICAO and the European Union Aviation Safety Authority (EASA) and is subject to audits and inspections from those bodies. The Department engages in a structured manner with IAA on aviation safety risks and trends, as well as on international oversight of IAA and upcoming regulatory developments. The Department of Transport oversees all the agencies under its aegis in policy and legislative matters.

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 safety recommendation no. 31.

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 review of 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 IAA 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.

I can confirm that I am aware of the statements made to the Joint Committee on Transport on 4 March 2026 regarding the fact that noise data is captured by the daa and is not held by my Department.

Finally, as the Deputy will be aware, EU Regulation (598/2014) concerning Noise Related Operating Restrictions at EU Airports entered into effect on 13 June 2016. The aim of the Regulation is to contribute to the sustainable development of the European aviation sector. It applies to airports with annual aircraft movements exceeding 50,000. Based on traffic levels in Ireland, it only applies to Dublin Airport.

The Aircraft Noise (Dublin Airport) Regulation Act 2019 gave effect to EU Regulation 598/2014 in Ireland by making additional provision for the regulation of aircraft noise at Dublin Airport, thereby providing for effective oversight of airport noise.