The Irish Times view on the Dublin airport cap: will politicians or the courts finally decide?

A legislative route to finding a solution would allow the Government to balance the varying interests involved

Aircraft at Dublin Airport - where the passenger cap has effectively been lifted. (Photo: Sam Boal/Collins Photos)
Aircraft at Dublin Airport - where the passenger cap has effectively been lifted. (Photo: Sam Boal/Collins Photos)

The effective suspension of the 32 million cap on the number of passengers that can travel through Dublin airport in any given year has brought much needed clarity at an important time. The suspension, ordered by the High Court this week, will remain in place until the European Courts of Justice rule on aspects of a legal challenge to the cap brought by several airlines last year.

Last December, the court referred issues raised by Irish and US airlines relating to European Union law and the EU’s air travel treaties with North America to the European courts.

The passenger cap and other Dublin airport linked issues seem to take up a disproportionate amount of Government time and energy compared to other important projects. Our fondness for international air travel ensures that the cap is promoted up the political agenda ahead of issues such as energy and water supply.

Hopefully the parking of the issue means the Government can focus more fully on these other infrastructural challenges and more pertinently the dangers posed to the economy by the disruption to world trade instigated by sweeping tariffs announced the US president Donald Trump.

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In framing its response to the new tariffs, the Government can be secure in the knowledge that capacity constraints at the airport are not a consideration. One of the many peculiarities of the mercantilist policies being adopted by the US government is that increased access to Dublin airport for US airlines could potentially have become an issue in the negotiation set to follow Wednesday’s announcement.

The benefit for the tourism sector of the cap being suspended will be more straightforward and immediate. Representatives of the industry warned this week that it has become increasing dependent on high spending North American visitors as inflation and other costs have undermined the appeal of Ireland as a tourist destination for European visitors .Visitor figures for the early months of the year have been weak. While the industry’s dependence on US and Canadian visitors does not look sustainable the threat of a shock due to capacity constraints at Dublin airport has, at least been lifted.

A further benefit of this week’s High Court ruling is that it creates space to resolve the issue once and for all. The Government is considering exempting the airport from the planning legislation, a measure sought by the airlines. A planning application to increase capacity to 40 million passengers is also working its way through the system. And then there are the legal proceedings.

A legislative route to finding a solution would allow a Government decision, balancing the varying interests involved. But it remains to be seen if this is a viable option or if, as so often in planning matters, the courts ultimately decide.