Expert Warns New Law to Remove Dublin Airport Cap Could Be Illegal

The proposed legislation to lift the passenger cap at Dublin Airport is facing significant legal challenges, as experts warn it may violate EU law.

Expert’s Legal Warning on Proposed Legislation

Sabrina Joyce Kemper, a planning and environmental expert, stated that the upcoming laws intended to increase passenger capacity are unlikely to withstand legal scrutiny. She asserted that any effort to bypass public consultation and environmental assessments would contravene European regulations.

Background on Dublin Airport’s Passenger Limit

Dublin Airport, currently permitted to accommodate a maximum of 32 million passengers annually, has exceeded this limit repeatedly. The airport’s operator, DAA, has submitted multiple planning applications to Fingal County Council to raise that cap, but these attempts have led to ongoing disputes.

• The DAA’s planning applications have recently faced backlash and controversy.
• Last week, an application by DAA was withdrawn amid criticism regarding insufficient environmental impact information.
• Campaigners argue that exceeding the established passenger cap constitutes unauthorized development.

Government’s Legislative Endeavor

Transport Minister Darragh O’Brien is set to present the proposed legislation to the Cabinet for approval. The government has prioritized this initiative within its Programme for Government. However, Kemper warned that such legislation aimed at accommodating over 32 million passengers without thorough assessments lacks validity.

EU Environmental Compliance Concerns

Kemper emphasized that EU law mandates public involvement in such regulatory changes. She highlighted that any legislation that attempts to mitigate the consequences of DAA’s past violations only serves to undermine public and environmental interests.

Financial Implications for DAA

In related news, the DAA’s attempts to adjust the passenger limit have proven costly. Reports indicate the operator spent close to €7 million on various unsuccessful planning applications from March 2023 to February 2025.

The Department of Transport has acknowledged the commitment within the Programme for Government to pursue the lifting of the passenger cap while working with relevant stakeholders.