Dublin Airport (Passenger Capacity) Bill 2026: Second Stage Seanad Éireann — 2026-07-01 ============================================================ Jerry Buttimer (FG), Cork South-Central I am pleased to introduce the Dublin Airport (Passenger Capacity) Bill 2026 for the consideration of the House on behalf of the Minister for Transport, Deputy Darragh O'Brien. As Senators know, the main purpose of the Bill is to address the passenger cap planning condition at Dublin Airport. The importance of addressing the passenger cap and its effects on Dublin Airport is recognised in the programme for Government, which includes a clear commitment to work with stakeholders to achieve the objective of lifting the passenger cap at Dublin Airport as soon as possible. As an island nation, we cannot ignore the strategic importance of Dublin Airport to our economy and the serious harm that would be caused to the economy of the State, our international connectivity or the international reputation of the State by failing to be in a position to facilitate not only future growth but the current level of passengers and cargo at our main international gateway. The Minister, Deputy O’Brien, has advised me that he has met a wide variety of stakeholders over the past 18 months, including local residents, airlines, business groups and industry regulators in relation to the passenger cap planning condition. The general scheme of the Bill has been scrutinised by the Oireachtas Joint Committee on Transport, which received a considerable number of submissions from a wide range of stakeholders. I thank the committee members, and the Chairperson, Deputy Michael Murphy, for their work. The committee held several hearings to ensure that the views of all interested parties were heard. I and the Minister have taken on board the recommendations of the committee insofar as possible in finalising the text of the Bill. In drafting this legislative intervention, the Minister has taken the views of all of these stakeholders into account. I understand he also obtained extensive legal advice throughout the drafting of the legislation and is satisfied that the Bill will allow for the continued sustainable development of Dublin Airport while balancing the rights of local residents with the objectives of Ireland's national aviation policy and the needs of business and tourism. Over 36 million passengers travelled through Dublin Airport in 2025. As such, there are a number of recognised risks around the passenger cap planning condition remaining in place. First, if enforced, it would result in an immediate cut of over 4 million passengers per annum, impacting existing connectivity and employment at the airport and in the wider aviation sector. Second, it would stifle continued growth, undermine our ambitious hub strategy for the airport and negatively impact the tourism, trade and business aspects of our economy. As Members know, airlines need certainty to plan future schedules and the continued existence of the cap creates only uncertainty, which can be expected to continue to affect the choices that airlines will make about serving the airport. There is a serious risk of reputational damage for Ireland if capacity is restricted at our major and main international gateway. The 32 million passenger cap is a legacy planning condition that was imposed by An Bord Pleanála, as it was known then, when granting permission for terminal 2 in 2007 and extension works at terminal 1 in 2008. The condition was put in place primarily to address surface access constraints at the time. However, there have been significant upgrades in the road access and public transport offerings to and from the airport since that time. Dublin Airport Authority, DAA, has statutory responsibility for the management, operation and development of Dublin Airport and it is its responsibility to engage with the relevant planning authorities to ensure that planning permission is in place to facilitate the development of the airport. DAA submitted its infrastructure application to the relevant planning authority, Fingal County Council, in December 2023, seeking to increase the passenger cap to 40 million passengers per annum and seeking permission for the development of a suite of infrastructure projects at the airport to facilitate growth. This planning application is currently under consideration by Fingal County Council. As part of the process in place for development at the airport since the enactment of the Aircraft Noise (Dublin Airport) Regulation Act 2019, a draft noise-related regulatory decision was published by the Aircraft Noise Competent Authority, ANCA, in May and is currently subject to a public consultation. A final regulatory decision in relation to the noise aspect of this planning application is expected later this year. This decision will be incorporated into the planning decision by Fingal County Council, which is expected shortly thereafter. It is likely that any planning decision by Fingal County Council may then be appealed to An Coimisiún Pleanála and may also be subject to judicial review. This further highlights the need to address the passenger cap by way of a legislative solution to ensure clarity for all stakeholders and to ensure that connectivity to and from our country is not undermined. I will now take Members through the main provisions of the Bill that will empower the Minister for Transport to make an order to amend or revoke the passenger cap planning condition. Under Part 1, the first thing I wish to draw attention to is the definition of "passenger capacity condition" under section 2. This definition makes it clear that the power to make an order relates solely to a planning condition that limits the number of passengers who use Dublin Airport for the purpose of travelling by air to or from another airport in any period. I understand from the Minister that this definition addresses concerns raised during pre-legislative scrutiny that the power being provided to amend any planning condition in the general scheme was too broad. Under section 6 of this Part, the Minister has a general power of direction to DAA for any purpose related to this Bill. That power may be used to procure information from DAA in relation to an application, to ensure the preparation and submission of appropriate reports relating to the environmental assessments or to initiate the application process. Such directions may also specify the period and form in which information should be provided and DAA has a legal obligation to comply with such a direction. Part 2 provides that DAA may make an application for the making of an order under the legislation. That application from DAA will propose the manner in which the passenger cap is to be amended or revoked, reasons for the application and a summary of any environmental impacts. The application will be considered by the Minister, who may consult any person he considers appropriate. If the Minister is satisfied that there is justification to make an order, he will notify DAA of his intention to do so and direct it to prepare an environmental impact assessment report and a Natura impact statement. The Minister has the power to accept, vary or refuse an application from DAA. Part 3, covering sections 8 to 23, inclusive, provides for the environmental impact assessment and appropriate assessment that will be undertaken independently of the Minister. An Coimisiún Pleanála will carry out the assessments under the habitats directive and under the environmental impact assessment directive, which will include consideration of compliance with the water framework directive. As part of these assessments, the commission will publish the material for the assessments and undertake a public consultation for a period of 30 days. There is provision for a further 30-day public consultation should the commission seek and receive further information of a substantial nature. Strict timelines have been included within the legislation and the commission will have 20 weeks to carry out the assessments and come to a reasoned conclusion in respect of the environmental impacts of making an order and a determination as to whether there will be an impact on the surrounding habitats. There is the ability to pause this timeline for a period of four weeks to allow for any requests for further information to be dealt with. The commission is encouraged, insofar as possible, to carry out these assessments jointly and to take all necessary steps to work in an expeditious manner, avoid any undue delays and ensure that appropriate resources are allocated to carry out its functions under the legislation within the timeframe provided. The commission will notify the Minister of its findings arising from the environmental assessments and publish its reasoned conclusion and determination. Part 4 sets out the parameters around the making of an order by the Minister and that an order will be superseded by a planning decision on DAA's infrastructure application. Under section 24, the Minister is prohibited from making an order until the environmental assessments have been carried out. I understand from the Minister that this approach addresses concerns raised during pre-legislative scrutiny about the public being excluded from the process, with at least one period of public consultation in relation to the environmental impacts of making an order to take place. Under section 25, the Minister is empowered to make an order to amend or revoke the passenger cap where he is of the opinion that the passenger cap is causing harm to the economy of the State, international connectivity and Ireland's reputation in respect of air transport. In making an order, he will consider and take account of the outcome of the environmental assessments undertaken by the commission and he will have the power to include any conditions in an order that he deems appropriate to mitigate any impact on the environment. In consultation with the Minister for Housing, Local Government and Heritage, where appropriate, the Minister can deem the conditions attached to an order as exempted development but only where they are not separately subject to environmental assessments under EU law. The Minister will publish an order on his Department's website and in Iris Oifigiúil and inform Fingal County Council as the relevant planning authority. While it is critical that the passenger cap planning condition is dealt with, it will be meaningless if the infrastructure to accommodate future growth is not also put in place. Therefore, the Minister has informed me that in preparing this legislation, one of the key objectives was to protect DAA's live infrastructure application. As such, the legislation was crafted to allow the application to proceed through the planning process notwithstanding the making of an order. Section 26 sets out the effect of an order as it relates to that planning application, given that both deal with the same planning condition, that is, the 32 million passenger cap. Once a final decision is made on DAA's infrastructure application, that decision will supersede any order made under this legislation. However, an order will remain in place through any appeal or judicial review of that planning decision and if that planning application is refused, then an order will also remain in effect. This will ensure consistency and certainty for all stakeholders while DAA's planning application proceeds through to a final planning decision. I understand from the Minister that this provision also addresses a recommendation arising from pre-legislative scrutiny for a sunset clause to be introduced. Part 5, which covers sections 27 to 35, inclusive, sets out the judicial review procedures. The validity of an order made under the legislation, or an alleged failure to carry out a function under the legislation, may only be challenged by way of judicial review. An application for leave to apply for judicial review must be taken within eight weeks and the applicant must have sufficient interest in the matter. Part 6 of the Bill provides for amendments to the Planning and Developments Acts. Under these amendments, Fingal County Council and An Coimisiún Pleanála are prevented from imposing a passenger cap as a condition in future planning decisions related to Dublin Airport. However, this does not apply in the case of a condition being imposed following a noise assessment by the noise regulator, ANCA, under the balanced approach and it does not apply to DAA’s live infrastructure application. This part also provides for amendments to the Aircraft Noise (Dublin Airport) Regulation Act 2019. The definition of "operating restriction" has been amended to align with EU Regulation 598/2014 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at European Union airports within a balanced approach. Two transitional provisions that are no longer relevant have been deleted and a provision has been inserted to clarify that the 32 million passenger cap is not an operating restriction within the meaning of the 2019 Act. Finally, section 39 of the Bill provides a derogation from section 15(1) of the Climate Action and Low Carbon Development Act 2015. There are a few reasons for this derogation. First, the passenger cap was not a targeted climate measure and, second, international aviation emissions are excluded from the climate action plan. As such, this provides clarity about the application of that Act to the actions to be taken under this legislation. This legislation will not only ensure the sustainable development of Dublin Airport but will also ensure that any environmental impacts will be independently assessed and the views of the public will be heard as part of that process. As such, the approach set out in the legislation represents the most balanced and reasonable way forward. I commend the Bill to the House. I look forward to hearing the views of Members. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-01/debate/main Retrieved: 2026-08-14T04:55:08+00:00 Sitting date: 2026-07-01