Aer Lingus has proposed to Minister for Transport Darragh O’Brien a legislative approach to addressing the passenger cap at Dublin Airport.
The airline’s chief executive Lynne Embleton referenced the proposal in a letter to Mr O’Brien seeking a meeting to discuss the cap and separate night-time restrictions on flights.
The issues are expected to be discussed when representatives of Aer Lingus meet Mr O’Brien today.
The Irish Times reported earlier this week that the Government is to consider interventions to lift the passenger cap at Dublin Airport, including potentially passing laws allowing the limit to be increased.
The limit of 32 million passengers passing through the airport annually is at the centre of a protracted planning saga. It was imposed in 2007 as a planning condition that allowed the airport to open a second terminal. The Government holds the view that the restriction hinders economic growth.
Mr O’Brien has received updated advice from Attorney General Rossa Fanning on the matter. The advice references the potential to pass legislation effectively carving the decision out from planning laws.
One potential precedent is 2022 legislation related to temporary energy generation, which disapplied planning laws to certain developments. However, it is understood such an approach is not risk free and would likely face a challenge by people in favour of the passenger cap.
Mr O’Brien is due to receive draft options for moving forward in the coming weeks.
A transport source told The Irish Times that the possible legislation to be considered by Government is unconnected to any proposals from Aer Lingus, the details of which have not yet been provided to Mr O’Brien.
It is expected that Aer Lingus will share details of its proposals at today’s meeting.
In her February 4th letter to Mr O’Brien, Ms Embleton said.
Dublin Airport is a “critical piece of national infrastructure”, and enabling its development and growth as a hub is “vital” for the Irish economy and airlines based here, she said.
She requested a meeting with Mr O’Brien to brief him on “key aviation-related matters”.
She said the “most pressing concerns for the sector” include the passenger cap. She stressed its “potential economic impact if not addressed” and Aer Lingus’s “proposed legislative approach” to addressing the situation.
Ms Embleton said another concern is An Bord Pleanála’s draft decision regarding night-time restrictions at Dublin Airport and proposed additional severe operating restrictions over and above the introduction of a noise quota system contained within that draft.
“If left unchanged in [An Bord Pleanála’s] final decision, these additional operating restrictions will have a devastating economic impact and will drive severe capacity reductions at Dublin Airport.”
She also said Aer Lingus would “welcome the opportunity” to brief the Minister on sustainable aviation fuel developments, including policy challenges and opportunities for Ireland.
A group of airlines last week sought an extension to a current High Court pause on the operation of the passenger cap. The Government believes such an approach is “not sustainable going forward”.
Mr O’Brien is said to have met the Attorney General and senior officials. He is understood to be now “looking at legislative ways forward for dealing with the cap once and for all”.
