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Wednesday, 22 Nov 2023

Written Answers Nos. 121-140

Asylum Applications

Questions (121)

Pa Daly

Question:

121. Deputy Pa Daly asked the Minister for Justice her views on the process undertaken to ensure duplicate asylum applications are not made in this jurisdiction and the UK; and if she will make a statement on the matter. [51351/23]

View answer

Written answers

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.

The State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection.  This is in accordance with our obligations under international and EU asylum law.

The Deputy may be aware that on 31 December 2020, the UK was designated as a safe third country for the purpose of the International Protection Act 2015 in line with EU law. This allows a determination to be made, following an individual examination and under defined circumstances, that an application for international protection be treated as inadmissible where the person has arrived in the State from the UK where they have an outstanding or previous application for international protection in the UK.

Question No. 122 answered with Question No. 120.

International Protection

Questions (123, 124)

Pa Daly

Question:

123. Deputy Pa Daly asked the Minister for Justice the all-in projected cost of reducing waiting times for first instance decisions from the International Protection Office by 10%, 25% and 50%, including the recruitment of any staff required to meet this target. [51353/23]

View answer

Pa Daly

Question:

124. Deputy Pa Daly asked the Minister for Justice the all-in projected cost if yearly completed applications through the International Protection Office were to be increased by 50%, 100% and 200% from the 2023 base number, including the recruitment of any staff required to meet this target. [51354/23]

View answer

Written answers

I propose to take Questions Nos. 123 and 124 together.

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively while ensuring the integrity of Ireland's rules-based immigration system is maintained.   

In July this year, I published a report on the international protection modernisation programme for 2023 and 2024. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants. This will give status to those who are entitled to international protection to rebuild their lives here, while also ensuring faster decision making in respect of those who do not meet the criteria.

Already these reforms are having a significant impact with the median processing time for first-instance decisions reducing from 18 months in 2022 down to 15 months in 2023. The median processing times for appeals is also down from 15 months at the beginning of 2022 to five months in 2023.

Reforms to the international protection process will continue in 2024. Approximately €34m was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.

The processing time for each case is different as case types and circumstances vary considerably. In addition nearly 14% of cases at the IPO this year relate to applicants from designated safe countries of origin. These particular first-instance decisions are made in under three months under an accelerated process. The IPO also works with UNHCR to expedite applications from a number of countries experiencing conflict such as Afghanistan, Syria and Yemen.

Given these variable factors, and having particular regard to the varying level of applications from month to month, the IPO is unable to precisely correlate between cost and number of staff with reducing waiting times for first instance decisions.

However, I can inform the Deputy that the IPO expects to have approximately 400 staff by the end of 2023, an increase of 95% over 2022, and will make approximately 9,000 decisions this year, more than double that made last year.  This increase in processing capacity is aimed at ensuring that those in need of protection receive that status without undue delay, while those that do not qualify are advised of this in good time.

The IPO is also introducing a number of modernisation initiatives that includes the introduction of digital applications. Early results show a reduction in processing times as a consequence.  The IPO expects the benefits of digitisation to become more quantifiable in the coming months.

The Deputy may also wish to know that the Department’s website provides a detailed overview of the International Protection process in Ireland as well as monthly statistics and metrics on the processing of international protection applications. This can be accessed at:

www.gov.ie/en/campaigns/304ba-international-protection/

www.gov.ie/en/collection/48a28-international-protection-in-numbers/.

Question No. 124 answered with Question No. 123.

International Protection

Questions (125, 126)

Pa Daly

Question:

125. Deputy Pa Daly asked the Minister for Justice the all-in projected cost if yearly completed applications through the International Protection Appeals Tribunal were to be increased by 50%, 100% and 200% from the 2023 base number of 3,200, including the recruitment of any staff required to meet this target. [51355/23]

View answer

Pa Daly

Question:

126. Deputy Pa Daly asked the Minister for Justice the projected cost of reducing waiting times for decisions from the International Protection Appeals Tribunal by 10%, 25% and 50%, including the recruitment of any staff required to meet this target. [51356/23]

View answer

Written answers

I propose to take Questions Nos. 125 and 126 together.

My Department is taking all necessary steps to manage the international protection process fairly and efficiently, as part of the broader Government response to this challenging issue.

The number of international protection applications last year was 13,651, a significant increase on recent years. This represents a 186% increase on the number received in 2019, the most recent year in which application numbers were not impacted by Covid-19.

In July this year, I published a report on the international protection modernisation programme for 2023 and 2024. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants. This will give status to those who are entitled to international protection to rebuild their lives here, while also ensuring faster decision making in respect of those who are deemed not entitled to international protection.

The target of the International Appeals Tribunal (IPAT) is that all new substantive International Protection Appeals be processed within 6 months from the date of receipt of the required documents.  This has regard to certain statutory timeframes around the appeals process. The time taken to complete an appeal varies based on the type of appeal. 

The median processing times for appeals is down from 15 months at the beginning of 2022 to five months in 2023.

In light of the increased numbers of applications to the International Protection Office, and the emerging increase in appeals to IPAT,  additional staff were allocated to the IPAT in 2023. 

The Budgetary provision for IPAT for 2023 was €5.999m based on an output target of completing 3,200 International Protection Appeals. 

The resources provided to the IPAT are on the basis of it being able to process appeals in a timely manner, within the identified target timeframe of 6-months.  The fee per appeal paid to a part-time member of the IPAT to deal with a case is based on a fixed amount per appeal with reference to the type of appeal and related factors.   Having regard to the variable factors impacting on processing and the range of case types, and having particular regard to the varying level of applications and appeals over time, it is not possible to precisely correlate a change in the processing times with a calculation of costs and staff, in the manner identified.

Question No. 126 answered with Question No. 125.

Visa Applications

Questions (127)

Eoin Ó Broin

Question:

127. Deputy Eoin Ó Broin asked the Minister for Justice for an update on the visa extension application of a person (details supplied); and if she will indicate a timeframe for a decision. [51540/23]

View answer

Written answers

The application for an Extension of Student Conditions (ESTC) permission from the person referred to by the Deputy continues to be processed by my Department.

To be fair to all applicants, applications are dealt with in chronological order by date received. My Department endeavours to process applications as quickly as possible. However, processing times may vary due to a number of factors, such as the number of applications on hands, individual circumstances, the complexity of applications, whether further information is required, and the resources available.

 Where a non-EEA student has completed their studies in Ireland and gained an award at Level 8 on the National Framework of Qualifications (NFQ) or above, that person may qualify for a Stamp 1G for 12 months. Where an individual receives an award at Level 9 NFQ, they may qualify for a Stamp 1G for up to 24 months subject to the overall limit of 8 years on student conditions that applies.

The person referred to by the Deputy was granted a Stamp 1G immigration permission that is due to expire on the 19/11/2023. The period on the Stamp 1G immigration permission is to provide the Graduate and any prospective employer the opportunity to make an application to the Department of Enterprise, Trade and Employment for an employment permit, before the expiry of the Stamp 1G permission. If the application for an employment permit  is successful that applicant can register that permit and will be granted a Stamp 1 immigration permission and be allowed to remain in the state. If unsuccessful, the student is required to make arrangements to leave the State.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the parliamentary questions process. The Deputy may consider using the email service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited. 

Animal Diseases

Questions (128)

Claire Kerrane

Question:

128. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the number of farms restricted due to TB in County Clare; and if he will make a statement on the matter. [51201/23]

View answer

Written answers

Bovine tuberculosis is a challenging disease to control and eradicate.

As of the 12th November 2023, on a 12-month rolling basis, herd incidence for Co. Clare has increased slightly to 3.33% compared to 2.65% at same time last year. In the past 12 months 190 Herds in county Clare were TB restricted, compared to 153 in the previous 12-month period, an increase of 37.

As the spread of this disease is multifactorial, it is being fought on many fronts. The TB programme in each county focuses on factors including wildlife, residual and introduced infection, how disease is distributed in the area, gamma interferon testing, cleansing and disinfection, testing compliance and swift isolation and removal of reactors. 

Each TB outbreak is investigated by a veterinary inspector to identify the source of infection. In the case of every outbreak involving two or more standard reactors, there is a veterinary visit to advise the herdowner on how to eliminate infection and measures necessary to help reduce the risk of recurrence. Emphasis is placed on the biosecurity measures a herdowner can take to reduce risks on their farm, and when buying in animals.

Ireland's bovine TB Eradication Programme operates in line with best national and international scientific research and advice. A large body of peer-reviewed research has been conducted into the spread of TB in Ireland and the risks underlying its transmission. This research has found that the principal causes of TB introduction and spread include:

• movement of cattle with undetected infection.

• residual infection in cattle previously exposed to TB.

• spread across farm boundaries.

• indirect spread through other biosecurity breaches, and/or

• spread from infected badgers to cattle.

• This research has recently been reviewed in its entirety for the Bovine TB Stakeholder Forum by its Scientific Working Group, which comprises a panel of internationally recognised experts in TB research.

• The details of the new TB Strategy along with the results of the review are available on www.bovinetb.ie.

Agriculture Schemes

Questions (129)

David Stanton

Question:

129. Deputy David Stanton asked the Minister for Agriculture, Food and the Marine if he considers computerised calf feeders to be non "non-movable" in respect of TAMS grant payments; and if he will make a statement on the matter. [51213/23]

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Written answers

The Targeted Agriculture Modernisation Scheme (TAMS 3) provides grants to farmers to build and/or improve a specified range of farm buildings and equipment on their holdings.  There is an indicative budget of €370 million available for the period 2023-2027, and all investments must be linked to Climate, Environment or Animal Welfare. 

Computerised Calf Feeders, which are deemed to be mobile equipment, are available for grant aid in the Animal Welfare and Nutrient Storage Scheme, Organic Capital Investment Scheme, Women Farmer Capital Investment Scheme and Young Farmer Capital Investment Scheme

As computerised calf feeders are deemed to be mobile equipment, farmers who have applied for this investment may purchase the equipment now, at their own risk, subject to verification of eligibility in accordance with the Terms and Conditions of the relevant schemes.

Forestry Sector

Questions (130)

Michael Lowry

Question:

130. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if he will include an advisory circular with all Ash dieback reconstitution scheme approvals (details supplied); and if he will make a statement on the matter. [51286/23]

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Written answers

The scheme document for the Reconstitution of Ash Dieback Scheme refers to adherence to Good Practice and Sustainable Forest Management, the principles of sustainable forest management is mandatory and applies across all operations of the Scheme. In view of this we do not see the need to issue an advisory circular with Scheme approvals.

Furthermore, as with any other health and safety matter, site-specific issues together with any measures, including any risk assessments required, are in the first instance the responsibility of the individual landowner. The Ash Dieback reconstitution scheme requires a landowner to engage the services of a professional Registered Forester to oversee their application.  Forestry contractors are also well aware of the risks in felling trees and the precautions required and their health and safety responsibilities when working or managing others who work in forests. The HSA has also provided comprehensive guidance and information notes on this subject, including the following: Chainsaw Felling of Large Trees - IFSG 307 (2018); Mechanical Harvesting - IFSG 603 (2018); Extraction by Forwarder - IFSG 503 (2018); Cross Cutting and Manual Stacking - IFSG 304 (2018); Felling and Manual Takedown - IFSG 302 (2018); Chainsaw Safety Training Advice Information Sheet (2015); and Information on the Health and Safety responsibilities of Forest Land Owners and Managers who intend to fell their trees (2014).

Health and Safety are of paramount importance in Forestry operations, details of the above guidance can be found here: http://www.hsa.ie/eng/Your_Industry/Agriculture_Forestry/Forestry/.

In addition, my Department, last year, published guidance on the subject of roadside trees - “A Guide for Landowners to Managing Roadside Trees”.  This publication, which can be accessed on my Departments website, was produced in partnership with the Tree Council of Ireland and outlines specific issues related to health and safety in tree work and gives practical guidance to those working with chainsaws taking out hazardous trees.

Forestry Sector

Questions (131)

Claire Kerrane

Question:

131. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine to provide an update on the availability of grants for the promotion of forestry; what consideration has been given to supporting smaller groups and co-ops with promoting forestry in their local areas, particularly where these organisations are providing training and advisory services to farmers and forestry owners; and if he will make a statement on the matter. [51307/23]

View answer

Written answers

An Open Call for Proposals for Forestry Promotion Projects for 2023/2024 was launched on 14 September 2023. There was an excellent response to the call with 53 proposals received from 42 separate applicants by the closing date of 16 October 2023. The applicants included representatives from across the forestry sector and beyond, from both large and small organisations as well as from individuals.

An evaluation committee formed to examine the applications met on 25 October 2023 to deliberate on the applications. The results of those deliberations are currently being finalised, with letters of offer expected to issue shortly.

Agriculture Industry

Questions (132)

Michael Healy-Rae

Question:

132. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if a farm issue in relation to a person (details supplied) will be examined; and if he will make a statement on the matter. [51315/23]

View answer

Written answers

An application to transfer entitlements has been submitted to my Department for the transfer of entitlements. As the transferee applied for the transfer using a Temporary Reference Number (TRN), the transferee needs to advise the staff processing the transfer applications of the herd number to link the TRN to before it can be processed.

The transferee or their advisor will need to email transferofentitlements@agriculture.gov.ie with the details required to link the TRN to the herd number. Once this is received the application can be linked and processed allowing payments to issue to the person named.

Agriculture Industry

Questions (133)

Brendan Griffin

Question:

133. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if farmers in Kerry are permitted to spread spoilt water after the recent storms and heavy rain; and if he will make a statement on the matter. [51318/23]

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Written answers

Under the Good Agricultural Practice for the Protection of Waters Regulations (SI 113 of 2022, as amended), assuming suitable ground conditions and an acceptable weather forecast, soiled water can be spread up to the 9th of December 2023.  It can then be spread again after the 1st of January 2024.

Soil conditions and the weather forecast must be suitable for the application of soiled water without any risk of run-off. The relevant buffer margins from water-bodies must also be maintained when spreading soiled water.

If a farmer has any concerns that the content of a flooded slurry store may not be soiled water, they should contact their Local Authority prior to taking any action.

Fishery Harbour Centres

Questions (134)

Alan Kelly

Question:

134. Deputy Alan Kelly asked the Minister for Agriculture, Food and the Marine the details of revenue generated through activities in each of the fishery harbour centres under the remit of his Department in the first ten months of 2023 [51335/23]

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Written answers

My Department has responsibility for the six State owned Fishery Harbour Centres at Killybegs, Ros an Mhíl, Dingle, Castletownbere, Dunmore East and Howth. 

Charges for the use of the facilities at each of the six Fishery Harbour Centres are set out in secondary legislation by means of the Fishery Harbour Centres (Rates and Charges) Order 2012 (S.I. No. 214 of 2012). Income from these charges, rental income and other miscellaneous fees and charges pay for the day-to-day operational costs of the Fishery Harbour Centres. 

The below table shows the monies received for the 10 months up to 31st October 2023.

Fishery Harbour Centre

€ *

Killybegs

2,041,001

Ros an Mhíl

255,727

Dingle

425,446

Castletownbere

685,604

Dunmore East

229,270

Howth

1,114,851

Total

4,751,899

*Figures are for the ten months up to 31st October 2023.  The figures provided are draft uncertified figures as the Financial Statements for 2023 will not be prepared until after year end (31 December).  In 2024, financial statements for the year ended 31 December 2023 will be prepared for audit by the Office of the Comptroller and Auditor General.

Departmental Meetings

Questions (135)

Alan Kelly

Question:

135. Deputy Alan Kelly asked the Minister for Agriculture, Food and the Marine if he or his officials have spoken with the Commissioner of the United States Food and Drugs Administration since January 2023. [51336/23]

View answer

Written answers

I have not spoken with the Commissioner of the United States Food and Drugs Administration (FDA), Robert Califf since January 2023.  However,  my Department officials including our attache in Washington would have routine, regular contacts with FDA at official to official level on various issues at different times.

Agriculture Schemes

Questions (136)

Claire Kerrane

Question:

136. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 363 of 14 November 2023, if the five-year requirement under the definition of a young farmer, as set by the Government, can be amended within the lifetime of the current scheme and current CAP; if there are plans to amend the definition for future equivalent schemes; and if he will make a statement on the matter. [51361/23]

View answer

Written answers

The EU Regulations governing the operation of young farmer support schemes since 2015 set out that the purpose of the schemes is to provide an income support to young farmers commencing their agricultural activities and after the initial setting-up.  The support should only cover the initial period of life of the business and should be granted for a maximum duration shortly after the initial setting up.

In line with these EU Regulations and to maintain consistency with the definition of a young farmer under the CAP from 2015 to 2022, Ireland opted to require eligible young farmers under the CAP 2023 to 2027 to have set up a holding as head of holding, solely or jointly, for the first time or have set up such a holding in the five years preceding the first application for support.

The young farmer definition under Ireland’s CAP Strategic Plan applies to young farmer support schemes under the CAP from 2022 to 2027.  There are no plans to amend this definition for the duration of the current CAP up to 2027.

Agriculture Schemes

Questions (137)

Brendan Smith

Question:

137. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the expected timeline for approval to issue in respect of TAMS; and if he will make a statement on the matter. [51376/23]

View answer

Written answers

The Targeted Agriculture Modernisation Scheme (TAMS 3) provides grants to farmers to build and/or improve a specified range of farm buildings and equipment on their holdings.  There is an indicative budget of €370 million available for the period 2023-2027, and all investments must be linked to Climate, Environment or Animal Welfare. 

Tranche 1 of TAMS 3 closed on 30 June 2023, with a total of 8,241 applications submitted.  The scheme has proved very popular, with an unprecedented level of applications received (almost four times the average number received per tranche under TAMS II). 

To assist farmers that require the construction of slurry and manure storage facilities, or urgent animal welfare related investments for the winter of 2023/2024, I provided a priority access facility, and all applications received under this facility have now been assessed.

Approvals have now issued to eligible cases, and my Department has also been in contact with farmers where there is a query on their application in order to resolve the query before approval can issue.

More than 50% of all investments under tranche 1 are in respect of mobile equipment.   Applicants may purchase the mobile equipment, at their own risk, subject to verification of eligibility in accordance with the Terms and Conditions of the relevant schemes.

I also announced that 100% of eligible applications under tranche 1 of  TAMS 3 will be approved for funding, which is in keeping with the commitment to assist farmers to address animal welfare, climate and sustainability targets.

Applications received across all the measures in Tranche 1 are currently being processed.  Once the initial processing is completed, all applications will be subject to a ranking and selection process, which is a regulatory requirement for all TAMS 3 applications.

All eligible applications will then proceed to further detailed processing, with approvals issuing to successful applications shortly, on a scheme-by-scheme basis, starting with the Solar Capital Investments Scheme.

Fishing Industry

Questions (138)

Pádraig Mac Lochlainn

Question:

138. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if he and his Department officials will meet with several organisations (details supplied), following their withdrawal from the North West Herring Group; if he can confirm a date when such a meeting can take place; and if he will make a statement on the matter. [51408/23]

View answer

Written answers

In August 2023, I announced the outcome of the limited review of the 2012 Herring Management Policy in relation to the Herring 6a South quota for non-ringfenced vessels. 

Following this limited review, I established a North-West Herring Advisory Committee (NWHAC), comprinsing one representative of each from the six Producer Organisations, one representative from the National Inshore Fisheries Forum, one representative from the Irish Fish Processors and Exporters Association and one representative from the Fish Co-Operative umbrella group.  This committee would be supported by organisations such as, but not exclusive to, the Marine Institute, BIM and the Sea Fisheries Protection Authority.

The primary purpose of the NWHAC will be to advise me within the policy framework, in relation to the management arrangements of the Herring 6a South quota and fishery, including such matters as contingency and opening/closing dates.

I am aware that some members of the North West Herring Advisory Committee (NWHAC) have indicated an intention to withdraw from that Committee.  My Department will work with the NWHAC and the relevant organisations in the first instance to address this issue.

Agriculture Schemes

Questions (139)

Michael Creed

Question:

139. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine why a person in County Cork (details supplied) has not yet received their BISS payment. [51508/23]

View answer

Written answers

The applicant named was subject to a Statutory Management Requirement (SMR) 2 check, relating to Protection of Waters Pollution caused by Nitrates and a GAEC 6 inspection relating to Minimum soil cover to avoid bare soil in periods that are most sensitive. As a result of the application of inspection penalties, the 2023 BISS payment has not yet issued. That process is now complete and any BISS payments due to the applicant will be processed when balancing payments commence in early December 2023.

Disability Diagnoses

Questions (140)

Peadar Tóibín

Question:

140. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth for a breakdown, in tabular form, of the number of children under the age of 12 years who have been referred for a public psychological assessment for autism. [51308/23]

View answer

Written answers

As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

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