Lifting Dublin Airport passenger cap could lead to 'serious legal risks', top barrister warns 

Legal opinion argues lifting cap may be incompatible with Ireland’s commitments under the European Convention on Human Rights, and its legally binding national and international climate targets

Legal opinion suggests bill's proposed exception from a key piece of climate legislation does not protect the State from a range of overlapping legal obligations.

The Government has been warned it could face legal challenges to its new bill to remove Dublin Airport’s passenger cap, which carries “serious and unresolved legal risks”.

Environmental non-governmental organisation Opportunity Green commissioned a legal opinion from barrister Tim Johnston of Brick Court Chambers in London, which suggests the bill’s proposed exception from a key piece of climate legislation does not protect the State from a range of overlapping legal obligations.

“The Government has approved this bill despite being on notice of serious legal risks,” said Sorcha Tunney, senior manager at Opportunity Green.

“A clause exempting the legislation from the Climate Action Act does not exempt the State from its human rights obligations or its binding climate targets, and the courts may well be asked to consider that.” 

The Government has committed for some time to remove the passenger cap at Dublin Airport, which it says is essential to supporting economic growth and Ireland’s connectivity. Airlines are strongly in favour of the proposals, but locals have expressed concerns.

An annual passenger cap of 32 million is in place at the airport, although this was breached last year when there were 36 million passengers through Dublin Airport.

The proposals would grant the transport minister the power to amend or remove the passenger cap, rather than it progressing through the planning process. Cabinet approved the bill on Tuesday with a view to seeing it enacted before the end of the year.

Transport minister Darragh O’Brien said: “I am committed to ensuring that the legislation is enacted this summer, that the necessary environmental assessments are completed within the strict timelines set out in the bill, and an order is made to amend or revoke the passenger cap as soon as possible."

The legal opinion commissioned by Opportunity Green argues the Government’s proposals may be incompatible with Ireland’s commitments under the European Convention on Human Rights, its legally binding national and international climate targets, and the requirement to carry out a comprehensive environmental impact assessment that fully accounts for the climate consequences of lifting the cap.

“This Government is making a decision of enormous consequence, for our climate, for communities near the airport, and for Ireland's international obligations, without the evidence base to justify it,” Ms Tunney added.