The Attorney General has advised Transport Minister Darragh O’Brien on potential legal avenues relating to the Dublin Airport passenger cap.
The minister confirmed that he is “looking at options” provided to him by the state’s legal adviser.
“I have received initial advices from the Attorney General’s office in relation to options that would be available there on a legislative basis. None of them are easy, I would say that. But we’re working through them,” O'Brien told The Journal.
In April, the High Court suspended the Dublin Airport passenger cap beyond the summer after a number of key issues relating to the case were referred to Europe.
The minister said the status quo has remained in place this year and will continue “more than likely for most of next year”.
He said this time period of around two years will give the government time to consider and possibly pass any legislation required.
“I don’t want to see the airport numbers restricted through a cap,” he added.
Ryanair boss Michael O’Leary slammed the government last month for the slow pace of action, criticising the government for not passing legislation to scrap the cap within the first six months of the government’s term.
“We are now seven weeks out from the Dáil’s summer recess so the time for ‘stakeholder meetings’ and government waffle is over. Ireland demands action,” O’Leary said in a statement.
DAA chief executive Kenny Jacobs said this month that the government should publish legislation this autumn to end the limit on passengers at Dublin Airport.
Taoiseach Micheál Martin has previously said it is “imperative” the passenger cap is lifted.
The airport operator, DAA, previously applied to Fingal County Council to raise the cap from 32 million to 40 million passengers in December 2023.
The cap on passenger numbers was a condition of planning permission for Terminal 2 in 2007.
O’Brien said “to be fair” to Fingal County Council, the planning condition has been in since 2008 and “DAA didn’t act upon removing that condition for 10 years”.
“I would encourage the DAA to continue to actively engage with the planning authority, and they need to do that,” said the minister.
Separately, the Business Post reported last week that Aer Lingus had warned the minister that curbs on night time flights would result in “devastating revenue losses” for airlines on European and North Atlantic routes and would “jeopardise the economic viability” of commercial carriers.
O’Brien told The Journal that there is an important decision on night flights from An Bord Pleanala in the coming weeks.
“I live beside the airport. I see the airport as a really important economic driver for the state, but really important for connectivity… I’ve always been clear to DAA about the responsibility they have to be a good neighbour, particularly with the adjacent communities,” he said.
