Written Answers Nos. 160-171
161. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage and the Gaeltacht the circumstances where a person whose land is designated, under Natura 2000 or under national heritage site designations, is entitled to compensation; and if he will make a statement on the matter. [32732/13]
View answerCompensation, or financial incentives, may be payable in respect of land within Natura 2000 sites in a number of ways.
Significant amounts of EU and Exchequer funding is provided through the rural development programme, operated by the Department of Agriculture, Food and the Marine, which provides for a range of supports for farmers, including specific payments in respect of areas selected for designation under the Birds and Habitats Directives.
My Department administers a small-scale farm plan scheme, which supports farmers in adopting appropriate management practices in the Natura 2000 network. These include supports for sheep destocking on western hills, for managing land for corncrakes and hen harriers, and, separately, as part-contribution to schemes such as the Burren Farming for Conservation Programme. It should be noted that the main farm plan scheme operated by my Department is currently closed to new applicants.
My Department has also put in place a comprehensive compensation scheme for those affected by the cessation of turf cutting on raised bog habitat selected as special areas of conservation under the EU Habitats Directive.
Finally, it should be noted that regulation 41 of the European Communities (Birds and Natural Habitats) Regulations 2011 sets out provisions in relation to the payment of compensation, in certain circumstances where I, as Minister, refuse consent to carry out certain activities within a Natura 2000 site. Section 22 of the Wildlife (Amendment) Act 2000 sets out similar provisions which apply to Natural Heritage Areas.
162. Deputy Andrew Doyle asked the Minister for Arts, Heritage and the Gaeltacht if he will outline each international organisation, international agency or international body of which Ireland is a member and for which his Department or a State body or agency under the aegis of his Department is responsible or co-responsible; and if he will make a statement on the matter. [32804/13]
View answerMy Department participates in a number of committees and working groups arising from Ireland's membership of treaty based international organisations such as the European Union, the United Nations and the Council of Europe.
In addition, Ireland is a member of the International Whaling Commission which is the global intergovernmental body charged with the conservation of whales and the management of whaling. My Department represents Ireland on the Commission.
My Department also participates in the work of a number of non-governmental groups that have membership outside Ireland which support scientific research and groups which develop and support the performing arts and other areas of work.
163. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the current proposals to extend modern high-speed broadband facilities including fibre optics to the area of Rathcoffey, Donadea and Naas, County Kildare, with particular reference to the requirement of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32661/13]
View answerConsiderable progress has been made in recent years in both the coverage and speeds of national broadband infrastructure, with a multiplicity of commercial operators, providing services over a diverse range of technology platforms.
The Government has also undertaken a number of initiatives to bring broadband to those parts of the country where commercial operators have been unable to offer services. The combination of private investment and State interventions such as the National Broadband Scheme means that Ireland has met the EU Commission’s Digital Agenda for Europe target of having a basic broadband service available to all areas by 2013.
The Government, through the National Broadband Plan, which I published on 30th August last year, has recognised that the key imperative now is to ensure high speed broadband availability to all. The Plan commits to high speed broadband availability across the country by ensuring that high speed services of 30Mbps are available to all of our citizens and businesses, and in advance of the EU’s target date of 2020, and that significantly higher speeds are available to as many homes and businesses as possible.
We are now therefore moving to a new phase of public and private sector investment in broadband in Ireland which will see significantly improved speeds delivered across the country.
Since the publication of the Plan, investments by the commercial sector are underway in both fixed line and wireless high speed broadband services.
In tandem with these commercial developments, intensive work is underway in my Department to progress a State-led investment to secure the introduction of next generation broadband access.
In order to progress the State-led investment, a full procurement process must be designed and EU State Aids approval must be obtained. My Department has launched a formal mapping exercise to identify the areas of the country to be targeted in the State-led investment under the Government’s National Broadband Plan to ensure the provision of high speed broadband services where the commercial market will not deliver. This exercise will inform an EU State Aids application in respect of the State-led intervention and is a necessary prerequisite for State Aids approval.
Intensive technical, financial and legal preparations including stakeholder engagement will be ongoing throughout 2013 with a view to the launch of a procurement process in 2014.
Through the implementation of the National Broadband Plan, we are committed to increasing the availability of next generation speeds significantly, with a view to ensuring that all citizens and businesses can participate fully in a digitally enabled society.
164. Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources the number of projects that were approved for funding by his Department conditional on a bond being produced from a builder; the amount of the default by builders where such bonds were in place; the amount recovered through the use of bonds in such cases; and if he will make a statement on the matter. [32715/13]
View answerI wish to advise the Deputy that my Department has not commissioned work by a builder or approved funding for such a project where a builder was required to produce a bond.
165. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources with reference to the announcement on 1 July 2013 of a plan to map broadband services across the country with a view to establishing comprehensive connectivity by 2015, if he will describe the methodology that will underpin this mapping exercise; and if he will make a statement on the matter. [32787/13]
View answerThe Government’s National Broadband Plan, which I published in August last, aims to radically change the broadband landscape in Ireland by ensuring that high speed services of 30Mbps are available to all of our citizens and businesses, and in advance of the EU’s target date of 2020, and that significantly higher speeds are available to as many homes and businesses as possible.
The Plan aims to deliver high speed broadband to all parts of Ireland through two principal means:
(a) by providing a policy and regulatory framework that assists in accelerating and incentivising commercial investment, and
(b) by providing a State-led investment for areas where it is not commercial for the market to invest.
The National Broadband Plan envisages that industry will be the key driver of investment with State intervention only where there is market failure.
Since the publication of the Plan, investments by the commercial sector are underway in both fixed line and wireless high speed broadband services. There is evidence that industry is investing beyond the targets to which they committed in the Plan with investments of up to €1bn underway
In order to progress the State-led investment, a full procurement process must be designed and EU State Aids approval must be obtained.
My Department has launched a formal mapping exercise to identify the areas of the country to be targeted in the State-led investment under the Government’s National Broadband Plan to ensure the provision of high speed broadband services where the commercial market will not deliver. My Department has written to over 200 operators authorised by ComReg to provide broadband services to inform them of the exercise. Representative bodies (TIF, ALTO, etc.) have been informed and a notice was placed in national newspapers. Full details of the process and timelines associated with the plan to map broadband services across the country are published on my Departments website at www.dcenr.ie/nbpmapping.
These maps will be published for public consultation in line with the EU State Aid Guidelines for rapid broadband deployment. The maps will be developed using data aggregated from all participating operators.
The results of this mapping exercise will inform the level of Government interaction that may be required and the areas that need to be targeted in the State-led investment so as to deliver on the targets for high speed broadband contained in the National Broadband Plan. This exercise will inform an EU State Aids application in respect of the State-led intervention and is a necessary prerequisite for State Aids approval.
Intensive technical, financial and legal preparations including stakeholder engagement will be ongoing throughout 2013 with a view to the launch of a procurement process in 2014.
Through the implementation of the National Broadband Plan, we are committed to increasing the availability of next generation speeds significantly, with a view to ensuring that all citizens and businesses can participate fully in a digitally enabled society.
166. Deputy Andrew Doyle asked the Minister for Communications, Energy and Natural Resources if he will outline each international organisation, international agency or international body of which Ireland and for which his Department or a State body or agency under the aegis of his Department is responsible or co-responsible; and if he will make a statement on the matter. [32806/13]
View answerI wish to advise the Deputy that my Department is a member of a number of international organisations which are linked to the sectors in which my Department operates, oversees and, in some instances regulates. A list of these organisations is set out in tabular format.
List of Organisations which the Department of Communications, Energy and Natural Resources is a member of
European Network and Information Security Agency (ENISA)
International Telecommunications Union (ITU)
International Telecommunications Satellite Organisation (ITSO)
European Telecommunications Satellite Organisation (EUTELSAT)
Conference of European Postal and Telecommunications Administrations
Universal Postal Union (UPU)
International Lead and Zinc Study Group (ILZSG)
International Energy Agency (IEA)
International Energy Forum
Energy Charter Secretariat
Commission for the Geological Map of the World (CGMW)
EuroGeosurveys
ProGEO – The European Association for the Conservation of the Geological Heritage
Integrated Ocean Drilling – Programme (IODP) – European Consortium for Ocean Research Drilling (ECORD)
International Union of Geological Sciences (IUGS)
Geological Curators Group
Institute of International and European Affairs
The information sought regarding the agencies under the aegis of my Department is an operational matter for each Agency. I have notified the agencies under the aegis of the Department, of the question, and have requested them to respond directly to the Deputy with their replies.
167. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding the alignment between the Leader programme and local authorities; and if he will make a statement on the matter. [32654/13]
View answerThe new local development governance arrangements contained in Putting People First – Action Programme for Effective local Government reflect a balanced consideration by an expert Steering Group established to consider options for a more integrated and coherent approach to local and community development programming, both at local and national levels. Contrary to the view put forward in the correspondence referred to in the question, the new arrangements will not have a detrimental effect on local development services. Rather the establishment of Socio-Economic Committees in each local authority area will facilitate a more strategic, joined-up approach to local and community development locally. Socio-Economic Committees will bring key local and community development actors together in partnership, with a focus on outcomes rather than organisational boundaries , thus enabling collaborative leadership at local level and, ultimately, improving services for citizens and communities.
The implementation of the alignment recommendations is being brought forward in a spirit of partnership and co-operation. An Alignment Working Group is advising and assisting my Department on the practical arrangements necessary to give effect to the new Socio-Economic Committees. It comprises representatives from both the local government and local development sectors and is making good progress.
Putting People First envisages an enhanced role for local government in local and community development. There is, however, no intention to undermine the expertise and staffing of local development companies. The aim is to facilitate a joint consideration locally as to how available resources might be deployed through more collaborative and co-ordinated approaches, supported by a reformed and enhanced local government sector. As key partners on the Socio-Economic Committees, local development companies will continue to have an important role in the delivery of programmes for which they are contracted by my Department and others. Independent of alignment reforms, however, the level of funding for local development programmes is a key issue for implementing bodies, and this remains to be decided as part of the Government’s estimates process and in the context of EU budgets.
Our local development system delivers a broad range of local services for citizens and communities. Within the context of increasing pressure on available resources, we need to focus on maintaining these services at the frontline while ensuring that the system continues to be sustainable. The 2010 European Court of Auditors Report on LEADER, while acknowledging good practices in Ireland’s management of the 2000–06 LEADER programme for example, highlighted the significant additional administration funding provided by the Irish Exchequer to LEADER companies mid-programme to ensure continued delivery of the programme. This was accompanied by a significant amount of ‘interim funding’ that was also provided by the Irish Exchequer to ensure the continued operation of LEADER companies in the period between the last two programming rounds.
We are operating in a much changed economic context. The level of LEADER administration funding available under the next Rural Development Programme may be much reduced; and we can no longer afford the additional administration resources that may have been provided previously. More effective, efficient and joined-up approaches to service delivery are needed if we are to ensure the sustain ability of our local development system. I am confident that the reforms we are bringing forward can do this and that, as a result, we will be able to continue deliver high quality services for our citizens and communities into the future.
168. Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government if there are plans to introduce height restrictions on hedges and trees in private dwellings; and if he will make a statement on the matter. [32609/13]
View answerThere is no legislation in Ireland regulating the height of trees and hedges. My Department understands that there is no right in Irish law to receive light in a garden and that, while there is a civil remedy of nuisance available in respect of the branches or roots of a neighbour’s tree encroaching on one’s property, there is no civil law remedy in respect of the loss of light in a garden due to a neighbour’s high trees or hedges. While I have no plans to introduce legislation on this matter I wrote to my colleague the Minister for Justice and Law Reform suggesting that we might give consideration to potential alternative options towards the introduction of a civil remedy in this matter. I am currently considering his reply.
169. Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government if there are any plans to update noise regulations; and if he will make a statement on the matter. [32610/13]
View answerThe Programme for Government includes a commitment to take further steps to address noise pollution, inter alia , through the introduction of fixed payment notices (also known as on-the-spot fines) and provision for mediation procedures between neighbours. The development of new noise legislation by my Department will be considered in the context of this commitment: however, as indicated in the Government Legislation Programme published on 16 April 2013, it is not possible at this time to indicate when the legislation will be published, having regard to other priorities in the area concerned and the broader range of legislative priorities to be progressed across my Department’s remit.
Currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department’s website www.environ.ie.
170. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will provide a copy of the attendance record book for his Department at the Custom House on 29 September 2008 and 30 September 2008; and if he will make a statement on the matter. [32638/13]
View answer171. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will provide a copy of the attendance record book for his Department at the Custom House for the month of September 2008; and if he will make a statement on the matter. [32639/13]
View answerI propose to take Questions Nos. 170 and 171 together.
For security, and health and safety reasons, a log of visitors to the Custom House is kept at the main Reception Area where visitors are required to sign in. This log is maintained on a day-to-day basis so that visitors to the building may be safely evacuated in the event of an emergency.
However, my Department’s policy is not to retain these records long term and thus it does not have visitor attendance records from September 2008 on file.
