Airport cap will end up in court if Ryan doesn't act, O'Leary warns

Ryanair boss demands Transport Minister circumvent passenger limit 
Airport cap will end up in court if Ryan doesn't act, O'Leary warns

Ryanair boss Michael O'Leary said Ryanair would be 'making out like bandits' this winter as the passenger cap at Dublin Airport will cause fares to rise. 

Ryanair Group chief executive Michael O’Leary has said the issue of the passenger cap at Dublin Airport will probably end up before a European court if Transport Minister Eamon Ryan does not move to circumvent the restriction soon.

The budget airline has already had to move a number of extra ad hoc flights from Dublin to Belfast due to the cap. These extra flights include Christmas flights to Lapland as well as flights for the Leinster rugby team to travel for their away fixtures.

Mr O’Leary called the whole thing “bizarre” and said Mr Ryan could address the cap by directing the Irish Aviation Authority (IAA) to ignore it and issue more flight slots at Dublin Airport.

To that effect, Ryanair has drafted a letter for Mr Ryan to sign, which would direct the IAA to disregard the cap. Mr O’Leary said this could be done while the planning process with Fingal County Council continues, which he said could last three to four years.

Mr O’Leary said people within the IAA have told him privately they would hope to receive this sort of letter from Mr Ryan as they want to keep authorising additional slots.

The IAA is the entity responsible for deciding how many airplane slots Dublin Airport is allowed to operate.

Under its 2007 planning permission, Dublin Airport has an annual passenger limit of 32 million. Dublin Airport operator Daa said it expected to breach that cap later this year.

A planning application was submitted last year which would allow the cap to be increased. 

Last month, the IAA issued a draft decision proposing to implement a seat capacity limit of 25.2m seats at Dublin Airport for the summer 2025 scheduling season. This follows a similar decision for the winter schedule, which is due to come into effect in a few weeks.

Mr Ryan warned if “politicians don't act” this matter will “finish up in the courts, probably in the European courts as well”.

“That's the way this thing gets solved but we'd rather see our elected minister fix it first rather than have to get the European courts to do what our Green [Party] minister won't,” he said.

Mr O’Leary had been previously advised by Junior Minister for Transport James Lawless that such a ministerial direction to the IAA would not be legally possible or appropriate. The Department of Transport says the legislation allows Mr Ryan to issue a direction on general policy but this would be a specific operational direction.

If Mr Ryan did give the direction, Mr O’Leary said they could shift about 50,000 seats from Belfast back to Dublin for this winter. 

"Connectivity and traffic should continue to grow, and all it needs is for the Minister for Transport in his last days in office and in the Dáil, to just sign the letter,” he said.

Mr O’Leary added if nothing was done about the cap in the coming weeks, it would be making it an issue at the upcoming election in the hope some future transport minister will take action.

The airline said Dublin Airport was facing the threat of fewer flights and higher air fares as a result of inaction.

Mr O’Leary said Ryanair would make more profit this winter as a result of the cap.

“One thing I think that might encourage the Greens to act on this is the idea that Ryanair would be making out like bandits at Dublin airport this winter,” he said.

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