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Wednesday, 6 Feb 2013

Written Answers Nos 174-193

Crime Data

Questions (174)

Bernard Durkan

Question:

174. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of unsolved serious crimes recorded in the past 15 years; the extent to which resources continued to be made available for further investigation in such cases; and if he will make a statement on the matter. [6237/13]

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Written answers

I am informed by the Garda authorities that all outstanding serious crime incidents remain under investigation until brought to a conclusion. In this regard, Garda Management closely monitors the allocation of all resources in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure optimum use is made of Garda resources. The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought directly to the Deputy.

Departmental Staff Rehiring

Questions (175)

Eoghan Murphy

Question:

175. Deputy Eoghan Murphy asked the Minister for Justice and Equality if there are any retired public sector workers from his Department, or any other part of the public sector, currently on his Department's payroll, for example, for sitting on a committee or preparing a report, but not exclusively these two areas; the number on the payroll; the cost to his Department; the services being delivered for this money; and the way that the positions were originally advertised. [6269/13]

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Written answers

It is assumed that the Deputy is seeking details of retired public servants who on occasion are engaged mainly on a short term basis to carry out specific projects or functions such as to serve on boards, committees, commissions, interview boards, investigations etc. There are currently 13 retired public servants who fall into these categories in respect of my Department. The fees payable vary according to the positions and range from €1,000 to €15,000. The total estimated cost to the Department in 2013 in respect of payments to these 13 individuals will be approximately €80,500.

In addition there are four retired Judges who are currently carrying out functions such as presiding at high-profile Citizenship ceremonies and chairing Review Boards and Tribunals. Payments in respect of these services range from €2,400 to €161,800. The total estimated cost in 2013 will be approximately €252,000. The Deputy will be aware that since taking up office I have introduced where appropriate a more transparent system of state sponsored appointments. For example recent appointments to the Property Services Regulatory Authority and the Property Services Appeal Board were made following a public invitation to apply for these positions. The majority of the individuals referred to above were engaged because of their specific knowledge and expertise in a particular area.

Immigration Policy

Questions (176)

Eoghan Murphy

Question:

176. Deputy Eoghan Murphy asked the Minister for Justice and Equality if his attention has been drawn to certain residency, work-related issues, arising for immigrants from non-EEA countries (details supplied). [6280/13]

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Written answers

The qualifying criteria for a de facto partnership is fully detailed on the Irish Naturalisation and Immigration Service website, (www.inis.ie). In the circumstances set out in the Deputy's Question, the Irish national and her non-EEA national partner must demonstrate that they are in a relationship for two or more years to quality for de facto status. If granted this would give the non-EEA national the right to work in the State without a work permit.

Similar to immigration systems worldwide, public policy in respect of rights of residence and access to the labour market is formulated taking into account the prevailing economic and labour market conditions which in the case of Ireland remain extremely challenging. Therefore, in circumstances where unemployment remains high, together with the need to maintain the integrity of the immigration system, the qualifying criteria for a de facto partnership is necessary to ensure that the granting of defacto status is only given to persons who are in a genuine and subsisting relationship. The absence of such criteria would create conditions where immigration controls could be easily evaded. This would do a great disservice to all genuine applicants, which I have no doubt would include the persons referred to by the Deputy.

I can assure the Deputy that the immigration service makes every effort to facilitate the de facto family to live together; however, for the reasons outlined the granting of de facto status must be subject to criteria and conditions. I believe these are appropriate and fair, particularly when considered in the context of the right to work in the State without a work permit which the granting of such status extends. Any other system would be amenable to abuse and would place unsustainable pressures on the employment and related welfare systems.

Garda Vetting of Personnel

Questions (177)

Eoghan Murphy

Question:

177. Deputy Eoghan Murphy asked the Minister for Justice and Equality if he has considered allowing individuals who have been vetted by the Garda for a specific activity-organisation to obtain a copy of their Garda vetting disclosure, for use with other organisations or activities, in view of the fact that such a vetting disclosure would be similar to a driver's licence or passport in that it would be an official document held by an individual and subject to periodic renewal. [6283/13]

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Written answers

Garda vetting certificates are issued to specified organisations registered with the Garda Central Vetting Unit (GCVU) for that purpose in respect of a particular post or employment. A vetting disclosure is made in response to a written request and with the permission of the person who is the subject of that request. I should emphasise that the certificate is a disclosure to the requesting, registered organisation of the position at the time when it is issued. Each time a new vetting application is received, new and full vetting checks are conducted. This is to ensure that the most recent data available is taken into account. The non-transferability and contemporaneous nature of the certificate protects against the risk of fraud or forgery and is a guarantee of the integrity of the vetting system. The primary purpose of the vetting process is the protection of children and vulnerable adults. This must remain so.

Garda Vetting Application Numbers

Questions (178)

Eoghan Murphy

Question:

178. Deputy Eoghan Murphy asked the Minister for Justice and Equality the number of vetting forms that the Garda receive each year; and the number of forms that are used for volunteering for charities. [6284/13]

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Written answers

The Garda Central Vetting Unit (GCVU) provides employment vetting for approximately 20,000 organisations in Ireland which employ personnel to work in a full time part time, voluntary or student capacity with children and or vulnerable adults and who are registered with the Unit for this purpose.

There has been a substantial increase in the volume of vetting applications received by the GCVU over recent years. The number of applications processed by the Unit for the years 2008 to 2012 are as follows:

2008

2009

2010

2011

2012

218,404

246,194

291,938

315,100

327,903

Given the large number and wide range of client groups, the registration process is managed through umbrella organisations which provide single points of contact. Accordingly, the GCVU is not in a position to comment in relation to the number of applications received in respect of volunteers for charitable organisations as it is not in possession of such information.

Prisoner Complaints Procedures

Questions (179)

Maureen O'Sullivan

Question:

179. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality in view of recent revelations regarding St. Patrick's Institution, and his plan to implement new procedures for the investigation of prisoner complaints, the timescale he envisages for implementing a new plan for those aged 18 to 21 within the criminal justice system; and if he will make a statement on the matter. [6292/13]

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Written answers

As I have previously informed the House, the type of abuse outlined by the Inspector of Prisons in his report on St. Patrick's Institution is unacceptable and will not be tolerated. The Deputy will be aware that following the publication of the Inspector's Report in October last year, I published the Irish Prison Service's Action plan for implementing the Inspector's recommendations.

A new prisoner complaints procedure was introduced with effect from 1 November 2012. All complaints made by prisoners alleging serious ill treatment, use of excessive force, serious intimidation/discrimination or threats by a member of staff of the Irish Prison Service, are now investigated by an independent investigator. In addition, a number of the new investigators have been appointed to carry out an examination of historical complaints in St. Patrick's Institution, including those referred to by the Inspector in his report and following an initial review, 8 cases are being further examined.

I can assure the Deputy that should breaches of discipline be found to have occurred, disciplinary action will be initiated under the Prison (Disciplinary Code for Officers) Rules, 1996. The Deputy will also be aware that the Government committed, in the Programme for Government, to ending the practice of sending children to St. Patrick's Institution. The practice of sending 16 year old boys to St. Patrick’s ceased on 1 May 2012. The detention of all children in St. Patrick’s Institution will end with the provision of more appropriate accommodation and regimes in the new detention facility at Oberstown by mid-2014. As part of the Irish Prison Service 3-Year Strategic Plan 2012-2015 the Prison Service is devising a specific strategy for the management of young offenders, working with its partners and other agencies to ensure that the regime for young offenders is age appropriate and that best practise is observed. As part of this strategy the Prison Service will also review the overall approach taken to the placement of 18-21 year olds, in line with my intention to introduce primary legislation for the purpose of closing St. Patrick's Institution as a detention centre for persons aged 21 and under.

Commissions of Investigation

Questions (180)

Thomas P. Broughan

Question:

180. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has considered the possibility of a short commission of investigation into the Stardust disaster of 1981, in which 48 young people tragically lost their lives, in view of the ongoing dissatisfaction with the original investigation and findings into the horrific 1981 disaster; and if he will make a statement on the matter. [6293/13]

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Written answers

As the Deputy will recall, Mr. Paul Coffey SC was appointed to carry out an independent examination of the case made by the Stardust Victims Committee for a renewed inquiry into the Stardust fire. The Victims Committee had a full opportunity to participate in that independent examination.

Mr. Coffey's report was published in January, 2009 and one of his conclusions was that to establish a new inquiry in the absence of any identified evidence as to the cause of the fire would be of no obvious or any forensic value and not in the public interest. Subsequently, and in keeping with Mr. Coffey's recommendations, motions were passed in both Houses of the Oireachtas placing on the record of both Houses an acknowledgement of the original Tribunal’s findings that there is no evidence that the fire was started deliberately and that the cause of the fire is unknown. In these circumstances there are no plans to establish a Commission of Investigation or other further inquiry into the cause of the fire.

Garda Transport Provision

Questions (181)

Thomas P. Broughan

Question:

181. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if there are any plans to provide a new Garda public order van for a location (details supplied) in Dublin 5; when each Garda district officer will be informed if his or her district is to receive a new Garda vehicle; and if he will make a statement on the matter. [6312/13]

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Written answers

In the time available it has not been possible for the Garda authorities to supply the information requested by the Deputy. I will be in contact with the Deputy when the information is to hand.

Prison Service Overtime

Questions (182)

Thomas P. Broughan

Question:

182. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the overtime budget allocated to the Irish Prison Service for the years 2009 to 2013, inclusive; and if he will make a statement on the matter. [6313/13]

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Written answers

I wish to advise the Deputy that in August 2005, an agreement was reached between the Irish Prison Service and the Prison Officers' Association on the Proposal for Organisational Change in the Irish Prison Service. A key element of the agreement was the elimination of overtime working and its replacement with an additional hours system. Since the introduction of the additional hours system, the only overtime payments made by the Irish Prison Service relate to general service headquarters staff. There is no annual overtime budget allocation in relation to headquarters staff, however the table below shows expenditure on overtime in each of the years in question.

Year

2009

2010

2011

2012

2013 (Jan)

Expenditure (€)

110,903.72

140,173.69

86,651.34

68,234.70

6,630.78

Departmental Banking

Questions (183)

Simon Harris

Question:

183. Deputy Simon Harris asked the Minister for Justice and Equality the amount of money held on deposit or in short-term bank investments by each Government or State agency or body under his Department's remit; the rate of interest at which the deposits are held; and if he will make a statement on the matter. [6339/13]

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Written answers

Confirmation of 2012 year end Bank Accounts and balances therein as at 31/12/2012 is currently underway. Most recently completed records show that there was a total of €28.5m held in the eighty-seven (87) Bank Accounts in use by my Department and Agencies under the remit of Vote 24 on the 31/12/2011. The primary purpose of these accounts is in relation to working capital and is used to pay wages, salaries, supplier invoices and other day to day expenses. In general, there is no interest paid or charges made in respect of Public Bank Accounts, provided the accounts are kept in credit.

Property Management Companies

Questions (184)

Dominic Hannigan

Question:

184. Deputy Dominic Hannigan asked the Minister for Justice and Equality if a property management company may introduce parking permits as a means to facilitate the collection of fees; and if he will make a statement on the matter. [6352/13]

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Written answers

The Multi-Unit Developments Act 2011 contains provisions which facilitate the fair, efficient and effective management of owners' management companies (OMCs) which are the bodies established for the management of the common areas of multi-unit developments. Membership of an OMC comprises the owners of residential units in the development concerned.

Section 18 of the 2011 Act requires OMCs to establish and maintain a scheme of annual service charges from which they may discharge expenditure incurred on the provision of common or shared services, including insurance, waste management and security services. In order to ensure transparency and accountability, the annual service charge, and the services to be provided, must be approved by a general meeting of the members of the OMC. Section 18 also provides that the owner of each residential unit is then under an obligation to pay service charges levied under the Act.

As regards the recovery of unpaid service charges, section 22 provides that unpaid service charges may be recovered by the OMC concerned as a simple contract debt in a court of competent jurisdiction, i.e normally the District Court. While the introduction of parking permits is not specifically referred to in the 2011 Act, section 23 provides that an OMC may make House Rules for the effective operation and maintenance of the development. The Rules must be consistent with any covenants or conditions contained in the documents of title and have the objective of advancing the quiet enjoyment of the unit owners and achieving a fair balancing of the rights of such owners. Here again, the House Rules must be agreed by a meeting of members of the OMC.

Subsidiary Protection Applications

Questions (185)

Patrick Nulty

Question:

185. Deputy Patrick Nulty asked the Minister for Justice and Equality the position regarding an application for subsidiary protection in the case of persons (details supplied) in Dublin 15; the reason for the delay; and if he will make a statement on the matter. [6353/13]

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Written answers

The cases referred to by the Deputy encompass a father, a mother and their child. The father was the subject of an individual asylum application while the couple's child was included as a child dependant in his mother's claim meaning that any determination or decision made in her case applied equally to him.

Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters dated 24th May, 2004, that the then Minister proposed to make deportation orders in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why deportation orders should not be made against them. They were subsequently notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted applications for Subsidiary Protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes.

In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before final decisions are made. Once decisions have been made, these decisions, and the consequences of the decisions, will be conveyed in writing to the persons concerned. The cases of the persons concerned are amongst a high volume of such cases which are awaiting decision in the Irish Naturalisation and Immigration Service (INIS) at present. However, the Deputy can be assured that there will be no avoidable delay in having the cases of the persons concerned processed to completion.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility 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 e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Departmental Staff Rehiring

Questions (186)

Eoghan Murphy

Question:

186. Deputy Eoghan Murphy asked the Minister for Defence if there are any retired public sector workers from his Department, or any other part of the public sector, currently on his Department's payroll, for example, for sitting on a committee or preparing a report, but not exclusively these two areas; the number on the payroll; the cost to his Department; the services being delivered for this money; and the way that the positions were originally advertised. [6262/13]

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Written answers

Since the Government took office in March 2011, my Department has engaged two retired public servants to act as civilian drivers to the Minister of State, Mr. Paul Kehoe T.D. These appointments are to temporary unestablished positions in the Civil Service on a fixed term contract basis. The post of Civilian Driver attracts an annual salary of €32,965. These positions were not advertised. Since March 2011, my Department has also employed three retired public servants as civilian employees attached to military installations, in the positions of Storekeeper Clerk (2) and Craft Worker (1) on salary scales of €21,776 - €30,314 and €31,351 - €33,169 respectively. These positions were filled following a competitive open recruitment process through FÁS.

A retired public servant has recently been appointed by the President on the recommendation of the Government to the office of Ombudsman for the Defence Forces on a part time three day week basis. This appointment, which attracts a pro rata salary of €62,596, was made following a competitive open recruitment process through the Public Appointments Service.

Overseas Missions

Questions (187)

Thomas P. Broughan

Question:

187. Deputy Thomas P. Broughan asked the Minister for Defence if he has received a request from the EU for Irish soldiers to participate in the EU training mission in Mali; and if he will make a statement on the matter. [6310/13]

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Written answers

On 17 January 2013, the Council of the European Union established the European Union Training Mission (EUTM Mali), which will provide military training and advice to the Malian Armed Forces to improve their military capacity and their effectiveness in guaranteeing the country's territorial integrity. Training will also be provided in international humanitarian law, the protection of civilians and human rights. It is envisaged that the training component of the mission will be made up of approximately 250 personnel, and this will be further supplemented by additional troops who will be deployed to provide force protection. The Council has tasked the Mission Commander, General François Lecointre, with preparations for the early launch of the mission and to this end force generation for the mission is currently ongoing at EU level. All Member States have been invited by the Mission Commander to provide contributions to the mission. The mission will be conducted at the invitation of the Malian Government and in close coordination with the UN, the African Union, the Economic Community of West African States (ECOWAS) and other key partners.

Ireland is currently considering the provision of a small number of Defence Forces personnel to the mission. Any participation by Ireland to this mission would most likely be limited to a small contribution of trainers and would be subject to Government approval.

Departmental Banking

Questions (188)

Simon Harris

Question:

188. Deputy Simon Harris asked the Minister for Defence the amount of money held on deposit, or in short-term bank investments, by each Government or State agency or body under his Department's remit; the rate of interest at which the deposits are held; and if he will make a statement on the matter. [6332/13]

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Written answers

My Department does not hold money on deposit or in short term bank investments. My Department operates a number of current accounts which are used for operational purposes e.g. transmission of electronic payments, small local purchases and overseas unit support. The Defence Forces Canteen Board is the only body under my Department’s remit which has accounts of the type specified. It has a deposit account and a savings account with a combined balance of approximately €53,000. The interest rate on both of these accounts is 0.01%.

Agri-Environment Options Scheme Payments

Questions (189)

Paul Connaughton

Question:

189. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when an Agri-Environment Options Scheme 2 payment will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [6135/13]

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Written answers

The person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS) with effect from 1 September 2011 and full payment totalling €607.76 issued in respect of 2011.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During the administrative checking process, it was established that the person named is not proceeding with Conservation of Genetic Resources measure in the approved plan which will result in a 10% penalty being applied. A further issue arose in the prepayment comparison between data submitted under the AEOS and Single Payment Scheme application in relation to the Wild Bird Cover option selected by the person named. My Department will shortly be in contact with the person named regarding this matter. Once this issue has been clarified and finalised, the application will be further processed with the intention of issuing payment for 2012 as soon as possible.

Agriculture Schemes Payments

Questions (190)

Paul Connaughton

Question:

190. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason payments have not been made to a person (details supplied) in County Galway, in respect of a disadvantaged areas payment and single farm payment, for 2011 and 2012; when they will be granted; and if he will make a statement on the matter. [6136/13]

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Written answers

Applications were received by my Department for disadvantaged area payment and single farm payment for the 2011 scheme year from the brother of the person named on the 15th April 2011. That applicant subsequently died on the 9th May 2011.

Any payments arising from the 2011 applications are due to the estate of the deceased applicant and not to the person named. Officials from my Department wrote to the legal personal representatives of the deceased applicant on the 20th March 2012 requesting details of the bank account to which the 2011 payments should be released. As soon as the bank details are received by my Department, the payments will be released to the estate of the deceased.

An application under the 2012 Single Payment/Disadvantaged Area Scheme was received from the person named on 10 May 2012. Following processing, this application was found to be incomplete. My Department is currently reviewing this application based on correspondence recently received from the person named. As soon as this review is complete, the person named will be notified of the outcome.

Grant Aid

Questions (191)

Michael Healy-Rae

Question:

191. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he has proposals to bring back grant aid for farmers wishing to erect sheep or cattle sheds; and if he will make a statement on the matter. [6154/13]

View answer

Written answers

I have no plans at present to introduce grant-aid for the construction of sheep or cattle sheds.

Single Payment Scheme Payments

Questions (192)

Michael Healy-Rae

Question:

192. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) has received no single farm payment; and if he will make a statement on the matter. [6155/13]

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Written answers

My Department has no record of receiving a 2012 Single Payment Scheme application from the person named by the deadline of 15 May 2012. However, an application under 2012 Single Payment Scheme was received on 4 February 2013 from the person named together with proof of postage of the earlier application. This application has been fully processed and payment will issue shortly.

Fisheries Protection

Questions (193)

Michael Healy-Rae

Question:

193. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the assistance available to fishermen fishing for mussels in Castlemaine Harbour, County Kerry, who have been unable to fish at the harbour for a long period; if he will ensure that they can continue to earn a livelihood; and if he will make a statement on the matter. [6157/13]

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Written answers

A comprehensive framework exists to deal with seafood safety in Ireland. The Marine Institute is responsible for monitoring shellfish for the presence of naturally occurring phytoplankton toxins. Toxicity can occur at any time during the year and the periods of closure can vary considerably from year-to-year. The monitoring programme is designed to detect toxicity in shellfish growing areas before harvesting, thereby providing the necessary information to restrict the placement of toxic shellfish on the market. Regulatory controls, which are enforced by the Sea Fisheries Protection Authority, exist to support these restrictions.

Cromane Bay has been on a closed biotoxin status on an almost continuous basis since July 2012 for azaspiracid toxins, with levels of azaspiracids detected occasionally up to 9 times the regulatory limit. Azaspiracid shellfish poisoning can cause diarrhoea, nausea, headaches and chills. I am advised that the azaspiracid toxicity event is expected to pass in the near future.

I am aware of the difficulties that these naturally occurring toxicity events cause for shellfish fishermen and aquaculture operators. I understand that mussel farmers in Cromane have been unable to bring their product to market because of this toxicity event, but the State controls are there to protect public health and indeed the international reputation of Irish seafood thereby ensuring the future of this important sector.

While there are no specific funds available for operators affected by these natural occurring events, which are an inevitable occasional feature of operating aquaculture farms in Irish coastal waters, a range of financial support measures co-funded by the European Fisheries Fund are available to the seafood sector through the Seafood Development Operational Programme 2007-2013.

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