Written Answers Nos. 154-162
154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and likely position in respect of regularisation of his residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [39015/13]
View answerI refer the Deputy to my previous answer to PQ No. 437 of 25 June, 2013. I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy as the guardian is not a refugee and is therefore not entitled to make a Family Reunification application on behalf of their nephew. I am further informed that nephews and nieces do not fall within the remit of the current family reunification legislation as Section 18(4)(b) of the Refugee Act does not include nephews or nieces as qualifying persons.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.
155. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine if he will confirm that his Department has refused to hand over a file (details supplied) to the independent appeals board; the reasons for same, if this is the case; and if he will make a statement on the matter. [38867/13]
View answerThe file in question has been provided by my Department to the Agriculture Appeals Office.
156. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine the position regarding the Dairy Council of Northern Ireland's case against the National Dairy Council, NDC, with the European Commission Directorate-General for Competition for its campaign on locally produced milk; his views on whether the NDC campaign breaches single market rules under EU law; and if he will make a statement on the matter. [38870/13]
View answerThe National Dairy Council (NDC) is a private company owned by its member dairy processors/co-operatives. As Minister for Agriculture, Food and the Marine, I have no ownership, planning or operational role in relation to the organisation.
I have been made aware of a case brought by the Dairy Council of Northern Ireland against the NDC with the European Commission DG for Competition. It is true to say that the NDC is engaged in promoting its members’ products under the packaging mark “Farmed in the Republic of Ireland”. If that is the activity at the centre of the case, I can confirm that the marketing campaign is not supported by public funds, has not been adopted in any way by the State and is not ascribable to my Department. In fact, those activities are supported by voluntary milk levies collected from the NDC’s member dairy co-ops. I understand such marketing campaigns, funded entirely by the private sector, are not uncommon in other Member States.
With regard to competition, I have strong views on the importance of protecting the Single Market in the EU and I oppose any anti-competitive practices that might adversely affect free trade. The Irish Agri-Food sector is export orientated and we should be cognisant of the importance of overseas markets as an outlet for our produce. I am not aware of any complaints to the Irish Competition Authority in relation to the activities of the NDC. In any event, any such complaint would be objectively examined by that body in its role as competent authority in the competition area. My Department would not have a role in any such examination, though it would, of course, provide any assistance sought and co-operate fully with the Authority if required.
157. Deputy Noel Grealish asked the Minister for Agriculture, Food and the Marine if he will provide the names of the authors of the environmental impact statement report for the proposed Galway Bay salmon farm; and if he will make a statement on the matter. [38876/13]
View answerThe application for an aquaculture and foreshore licence submitted to my Department by Bord Iascaigh Mhara (BIM) and its accompanying Environmental Impact Statement (EIS) are currently under active consideration in accordance with the provisions of the 1997 Fisheries (Amendment) Act and 1933 Foreshore Act. The preparation of the EIS is a matter for the applicant.
It would not be appropriate for me to comment further on this application which is under active consideration as part of a statutory process.
158. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the rationale whereby his Department seek the reimbursement of overpayment in afforestation instalment grants from the landowner in the instance where these moneys were initially paid to a third party; and if he will make a statement on the matter. [38890/13]
View answerAll afforestation grants are paid to enable an applicant to establish a forestry plantation and the applicant gains an asset as a result of these grants. The applicant employs a forestry company to do the establishment work and, as with any service provided, he/she must pay the company for the work completed. The plantation owner may pay the contractor directly or he/she may sign a mandate that requests my Department to redirect the grant(s) to the forestry company. It must be noted that the mandate is an agreement between the owner and the forestry company and my Department is not party to it; the mandate is merely an instruction to my Department to pay the owner’s grant on their behalf to the contractor.
An afforestation contract is between the applicant and my Department, and the contractor is not party to that contract. Therefore, any money paid and/or to be recouped under an afforestation contract is a matter between my Department and the applicant. Any contract that exists between a forestry company and a plantation owner is a matter between those parties and any matter arising under such a contract, such as for example planting fewer trees than there should be, is a matter for the owner and the forester to resolve. On this basis, if my Department must recoup an overpayment, the recoupment is sought from the scheme applicant who benefited from the payment and the resultant asset.
159. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine if the Statute of Limitations Act 1957 and the Statute of Limitations (Amendment) Act 1991 apply to afforestation contracts issued by his Department; and if he will make a statement on the matter. [38891/13]
View answerWhere debts arise on afforestation contracts, each liability is assessed on a case by case basis. As the Statute of Limitations Act 1957 and the Statute of Limitations (Amendment) Act 1991 legislate for debt recovery and related matters, this legislation may apply to some afforestation contract debt cases.
160. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if, in view of the poor weather and extra costs associated with same, his Department is agreeable to renegotiating and deferring specific commitments in REP scheme plans to a later date by agreement; and if he will make a statement on the matter. [38929/13]
View answerThere are no plans to defer any commitments within REPS plans and the commitments as set out in the REPS 4 Plans must be delivered in accordance with the agreed schedule.
161. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding the recent COFORD commissioned report that recommends that proposals to plant areas of unenclosed land should be assessed on a site by site basis (details supplied); and if he will make a statement on the matter. [38956/13]
View answerA report on land availability for afforestation is being compiled by a COFORD Council group and is currently at a draft stage. It will be submitted to the Council, and subsequently for consideration by the Minister of State with responsibility for forestry, in due course.
162. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the position regarding an application for afforestation in respect of a person (details supplied) in County Westmeath; if same will now be expedited; and if he will make a statement on the matter. [39038/13]
View answerBecause of the proximity of the proposed planting to a national monument, a detailed archaeological examination of the area was required. This examination is now complete and the application is currently with the Forestry Inspectorate for consideration and recommendation in relation to the project. This should be complete within the next few weeks and a decision on the application will be given as soon as possible thereafter.
