Minister for Transport Darragh O’Brien said he has had “positive talks” with North American airlines lobbying to end Dublin Airport’s 32 million a year passenger limit.
It comes as he disclosed he has sought the advice of Attorney General (AG), Rossa Fanning, on “legislative options” for lifting the limit
Planners imposed the cap on the State’s biggest airport in 2007 as a condition of allowing it to build a second terminal.
Mr O’Brien said he had a “good meeting” with Airlines for America (A4A), which represents US and Canadian carriers, when the industry group met him last week to discuss the Government’s pledge to lift the cap.
“What I would say is that the meeting was very positive,” he said.
The Minister acknowledged that A4A could formally complain to the US department of transportation, potentially sparking retaliatory restrictions on Irish or even EU airlines’ access to airports there.
He confirmed that US airlines raised this but “in a very positive, collegiate way”.
Mr O’Brien added that the Government preferred to deal with US-European trade issues, including tariffs announced last week by president Donald Trump, through negotiation alongside the EU.
A4A argues that the passenger cap potentially breaches EU-North American air travel agreements which allow US, Canadian and EU airlines free access to each other’s skies and airports.
The industry group last year joined a High Court challenge to the cap brought by Ryanair and Aer Lingus that resulted in key questions being referred to the Court of Justice EU.
Mr O’Brien said on Monday that he was awaiting a response from the AG - the State’s most senior legal adviser - on legislative options was waiting for his response.
“I’ll await the Attorney General’s advice as to what potential legislative avenues there may be,” he added.
The Minister’s predecessor, Eamon Ryan, and his officials, insisted that the Government could not move on the cap as this would involve interfering in the planning process.
The Minister welcomed a High Court ruling issued last week that stalls enforcement of the passenger cap, pending the outcome of the airlines’ challenge, saying it gave valuable breathing space.
While the ruling suspends the limit’s actual implementation, the planning condition imposed on Dublin Airport by An Bord Pleanála 18 years ago to curb traffic remains in place.
Airport operator, State company DAA, has asked local planning authority, Fingal County Council, to raise the limit to 40 million and 36 million in separate applications.
DAA maintains it is doing everything it can to comply with the limit, but cannot stop airlines from using the airport. Around 35.6 million passengers could pass through there this year.
The programme for government commits the Coalition to consulting with interested parties to lift the cap. Mr O’Brien said he had met airport operator, DAA, the Irish Aviation Authority and residents’ groups, while he was due to meet air traffic control body, Airnav Ireland this week.
The Minister was speaking at the opening of phase one of a solar farm at the airport that will supply 10-13 per cent of its electricity.
DAA has pledged to ensure that more than 20 per cent of its electricity comes from renewable sources by 2030.
According to its chief executive, Kenny Jacobs, Dublin Airport supports 116,000 jobs, one third of them in its local area, Fingal and half in Dublin.
He argued that air travel could “drive further growth” if the cap were lifted and the airport allowed to expand.
