Frank Feighan
Question:195. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht the position regarding an application for bog compensation in respect of a person (details supplied). [55060/13]
View answerTurf Cutting Compensation Scheme Applications
Questions (195)
Written answers
An application for compensation under the cessation of turf cutting compensation scheme has been received by my Department from the individual referred to in the Deputy’s Question.
I am advised that payments of €1,500 in respect of year 1 (2011) and year 2 (2012) of the scheme and a payment of €1,518 in respect of year 3 (2013) of the scheme were made to this applicant in October last. A letter confirming same was sent to the applicant at that time.
Legislative Process RIA
Questions (196)
Lucinda Creighton
Question:196. Deputy Lucinda Creighton asked the Minister for Arts, Heritage and the Gaeltacht the total number of Bills that have been published by his Department since he was appointed Minister; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the total number of promised Bills for publication; if he will list the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the Bill; and if he will make a statement on the matter. [55122/13]
View answerWritten answers
Since my appointment as Minister for Arts, Heritage and the Gaeltacht, my Department has published the following Bills:
Irish Film Board (Amendment) Bill 2011;
Bille na Gaeltachta 2012/Gaeltacht Bill 2012; and
Wildlife (Amendment) Bill 2012
In addition, my Department and the Department of Public Expenditure and Reform worked together on the publication of the Houses of the Oireachtas Commission (Amendment) Bill 2012.
I am advised that regulatory impact assessments were not undertaken in these cases as no significant potential impacts were identified in advance of, or in the course of, preparing these Bills for publication.
Furthermore, the following Bills are expected to be published by my Department next year:
Heritage (Amendment) Bill;
National Cultural Institutions Bill;
Official Languages (Amendment) Bill; and
National Monuments Bill.
I am advised that it is not proposed to undertake regulatory impact assessments in relation to the first three of the Bills listed above as no significant potential impacts have been identified. A regulatory impact assessment was undertaken in the course of preparing the National Monuments Bill. I intend to publish it at the same time as the Bill itself is published.
Departmental Bodies
Questions (197)
Lucinda Creighton
Question:197. Deputy Lucinda Creighton asked the Minister for Arts, Heritage and the Gaeltacht the total number of Irish quasi-autonomous NGOs that his Department either created or which fall under his Department’s responsibility and were in existence when he became Minister and continue to exist; and if he will make a statement on the matter. [55138/13]
View answerWritten answers
I can advise the Deputy that no such Irish quasi autonomous NGOs were created by my Department or fall under my Department's responsibility. As the deputy is aware, however, a number of National Cultural Institutions and other statutory bodies and agencies are funded from my Department's Vote. Details of these bodies can be found on my Department's web-site at http://www.ahg.gov.ie/en/AboutUs/AgenciesBodiesunderDepartmentsAegis.
I have not created any additional institutions, bodies or agencies since my appointment as Minister.
Departmental Bodies
Questions (198)
Lucinda Creighton
Question:198. Deputy Lucinda Creighton asked the Minister for Arts, Heritage and the Gaeltacht the total number of chairpersons of State boards, agencies and regulators that fall under his Department’s responsibility that were chairpersons when he became Minister and continue to be chairpersons; and if he will make a statement on the matter. [55154/13]
View answerWritten answers
I can advise the Deputy that nine chairpersons of State boards of bodies funded from my Department's Vote Group were chairpersons prior to my appointment as Minister for Arts, Heritage and the Gaeltacht and continue in their roles at this time.
In addition, the Deputy may wish to note that appointments to the boards of Foras na Gaeilge and the Ulster-Scots Agency are made by the North South Ministerial Council, arising from nominations on a 50:50 basis from each jurisdiction. The chairpersons of the boards of these bodies were also appointed prior to my appointment as Minister for Arts, Heritage and the Gaeltacht and were reappointed subsequently in 2011.
Better Energy Homes Scheme Expenditure
Questions (199)
Terence Flanagan
Question:199. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if funding is provided to organisations so that they can provide free insulation for senior citizens; if he will list the organisations funded that are based on the northside of Dublin; and if he will make a statement on the matter. [54967/13]
View answerWritten answers
The Better Energy Warmer Homes programme provides energy efficiency upgrades to low income households who are experiencing energy poverty. The elderly are prioritised under the eligibility criteria of the scheme, as they are recognised as being particularly vulnerable. The scheme is delivered through a combination of Community Based Organisations (CBOs), augmented by a panel of private contractors in order to ensure national coverage. The programme is also delivered through a separate area-based strand. Energy Action is the only CBO operating in North Dublin, although applications from residents in North Dublin are also allocated to private contractors.
Under the Area Based delivery strand a partnership project between Airtricity and Fingal County Council has delivered energy efficiency measures to 332 Local Authority homes in the Fingal area. Another partnership project between Dublin County Council and Energy Retrofit Ireland has delivered energy upgrades to 82 mixed ownership homes in the Dublin City area.
Semi-State Bodies Funding
Questions (200)
Eoghan Murphy
Question:200. Deputy Eoghan Murphy asked the Minister for Communications, Energy and Natural Resources the amount of the liability assumed by the State on behalf of the ESB pension fund: and if this liability will be reflected in the national accounts or on the ESB’s balance sheet. [54868/13]
View answerWritten answers
The State has not assumed any liability on behalf of the ESB pension fund, nor will any such liability be reflected in the national accounts. The accounting treatment of the scheme is an operational matter for the company in accordance with the relevant accounting standards. I understand that this matter was the subject of discussion and agreement between the management and unions under the auspices of the Labour Relations Commission. It is not a matter in which I, as Minister, would have a role or function.
Broadband Service Provision
Questions (201, 202)
Áine Collins
Question:201. Deputy Áine Collins asked the Minister for Communications, Energy and Natural Resources the action that can be taken to extend the national broadband service to a person (details supplied) in County Cork to ensure they get the service they need in order to stay in business. [54899/13]
View answerÁine Collins
Question:202. Deputy Áine Collins asked the Minister for Communications, Energy and Natural Resources the action that can be taken to improve the Internet connection in an area (details supplied) to ensure the service required in order to stay in business. [54902/13]
View answerWritten answers
I propose to take Questions Nos. 201 and 202 together.
Ireland’s telecommunications market has been fully liberalised since 1999 in accordance with the requirements of binding EU Directives. The market has since developed into a well-regulated market, supporting a multiplicity of commercial operators, providing services over a diverse range of technology platforms. Details of broadband services available in each County, including County Cork, can be found on ComReg’s website at www.callcosts.ie.
The State can only intervene to ensure access to broadband services in areas where the competitive market fails to deliver such services, as in the case of the National Broadband Scheme (NBS). Under that Scheme, all fixed residences and businesses located within certain designated Electoral Divisions, including 96 of the 399 Electoral Divisions within County Cork, are eligible to avail of the NBS service from “3”, the NBS service provider. The broadband service contracted under the NBS is a basic, affordable product in keeping with EU State Aid clearance for the Scheme in September 2007. Under the terms of the NBS contract, the NBS mobile wireless service is required to offer minimum download and upload speeds of 2.3Mbps and 1.4Mbps respectively, subject to a maximum contention ratio of 18:1.
The Government’s National Broadband Plan, which I published in August 2012, aims to radically change the broadband landscape in Ireland by ensuring that high speed broadband is available to all citizens and businesses, including those in County Cork. This will be achieved by providing: a policy and regulatory framework that assists in accelerating and incentivising commercial investment; and a State-led investment for areas where it is not commercial for the market to invest.
Since the publication of the Plan, investments by the commercial sector are underway and in some instances have been accelerated in both fixed line and wireless high speed broadband services. I am aware of at least one service provider announcing that it will be providing advanced broadband services in the Kanturk region from April 2014 and my Department will be happy to discuss this further with the Deputy.
The commercial market developments have been facilitated through the implementation of measures in the National Broadband Plan, including the conclusion of ComReg's multiband spectrum auction, and the new regulatory regime for fixed line Next Generation Access and service bundles. Both of these measures are designed to incentivise the rollout of services by operators.
In tandem with these developments, intensive work is underway in my Department to progress a State-led investment to secure the countrywide introduction of next generation broadband access. In order to progress the State-led investment for areas where it is not commercial for the market to invest, a full procurement process must be designed and EU State Aids approval must be obtained. My Department is engaged in a comprehensive mapping exercise of the current and anticipated investment by the commercial sector over the coming years, the results of which will inform the areas that need to be targeted in the State-led investment as envisaged in the National Broadband Plan.
Intensive technical, financial and legal preparations, including stakeholder engagement, are ongoing. The procurement process for the approved intervention will be carried out in accordance with EU and Irish procurement rules and it is expected that it will be launched in 2014.
Through the implementation of the National Broadband Plan, I am committed to ensuring that all parts of Ireland have access to high speed broadband, with a view to ensuring that all citizens and businesses can participate fully in, and maximise the benefits of, a digitally enabled economy and society.
Bord Gáis Privatisation
Questions (203)
Terence Flanagan
Question:203. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources his views on the purchaser of Bord Gáis which recently put up UK gas prices by 9%; if he has any concerns that there will be increased prices for consumers here; and if he will make a statement on the matter. [54955/13]
View answerWritten answers
The members of the consortium which has recently been selected as the preferred bidder in the transaction process on the sale of Bord Gáís Energy, comprising Brookfield, Centrica and iCon, are international strategic investors that will bring significant industry experience and financial strength to support continued investment in the Bord Gáis Energy business and in the all-island energy market. With regard to the recent increase in UK gas prices, rises in customer prices in both the UK and Ireland have been primarily driven by rises in underlying gas prices rather than any company specific matter. I have no statutory function in the setting of gas prices, whether in the regulated or non-regulated parts of the market. Responsibility for the regulation of the gas market is a matter for the Commission for Energy Regulation (CER), which is an independent statutory body. The position is that the CER regulates the Bord Gáis Energy tariff for its domestic customers. Prices in all other segments of the gas market are deregulated.
The CER continues to keep deregulation of the domestic consumer segment of the gas market under review. In its most recent review of the market the CER has concluded that the criteria for deregulation had not all been met to allow for the immediate deregulation of the domestic gas market. Until all deregulation criteria have been met the CER will continue to regulate the Bord Gais Energy retail tariff.
Freedom of Information Requests
Questions (204)
Seán Fleming
Question:204. Deputy Sean Fleming asked the Minister for Communications, Energy and Natural Resources the number of freedom of information requests received by his Department in 2012 and to date in 2013; the number of requests for which a search and retrieval fee was sought; the maximum fee sought by his Department in respect of a request received; the number of requests not proceeded following the non-payment of the search and retrieval fee sought; and if he will make a statement on the matter. [54997/13]
View answerWritten answers
The following table sets out the details requested by the Deputy:
|
- |
- |
2012 |
2013 (to date) |
|
1 |
No. of FOI Requests received by this Department |
70 |
35 |
|
- |
- |
- |
- |
|
2 |
No. of FOI Requests for which Search and Retrieval fee was sought |
4 |
4 |
|
- |
- |
- |
|
|
3 |
Maximum fee sought by this Department in respect of a request received |
€2,095.00 |
€863.75 |
|
- |
- |
- |
- |
|
4 |
Number of Requests not proceeded with following the non-payment of Search and Retrieval fee sought |
1 |
3 |
Fees were paid by the requester in both cases identified above in relation to the maximum fees sought in each year.
Legislative Process RIA
Questions (205)
Lucinda Creighton
Question:205. Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources the total number of Bills that have been published by his Department since he was appointed Minister; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the total number of promised Bills for publication; if he will list the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the Bill; and if he will make a statement on the matter. [55124/13]
View answerWritten answers
Since March 2011 there have been four Bills initiated by me and brought through the legislative process to completion.The first was the Access to Central Treasury Funds (Commission for Energy Regulation) Bill 2011. While no Regulatory Impact Analysis (RIA) was completed specifically for this Bill, a full RIA was undertaken with respect to the provisions of the related Petroleum (Exploration and Extraction) Safety Act, 2010. That Act is concerned with the carrying out of certain functions by the Commission for Energy Regulation, in respect of which borrowings from the Central Treasury Funds are necessary. The 2011 Bill itself was enacted on 23 November 2011 as the Access to Central Treasury Funds (Commission for Energy Regulation) Act 2011. The second was the Energy (Miscellaneous Provisions) Bill 2011. A RIA for the Energy (Miscellaneous Provisions) Bill 2011 was published with the Bill on the 27th September 2011. The Bill, Explanatory Memoranda and RIA were made available on my Department’s website and also on the Oireachtas website. The Bill itself was enacted on the 25th February 2012 as the Energy (Miscellaneous Provisions) Act 2012.
The third was the Electricity Regulation (Carbon Revenue Levy)(Amendment) Bill 2012. This was emergency legislation on foot of a Supreme Court Decision and therefore was exempt from RIA requirements. The Bill itself was enacted on 25th May 2012 as the Electricity Regulation (Carbon Revenue Levy)(Amendment) Act 2012.
The fourth was the Gas Regulation Bill 2013 which was published on 25 July 2013. A RIA on the Gas Regulation Bill 2013, setting out the policy context and rationale for the implementation of full ownership unbundling, including for the sale of Bord Gáis Energy, was prepared. Some of the material contained in the RIA was considered to be commercially sensitive in light of the ongoing transaction process. Therefore, it is not intended to publish the RIA at this stage. The bill itself was enacted on 3rd December 2013 as the Gas Regulation Act 2013.
In addition the Communications Regulation (Postal Services) Act 2011, while not initiated by me, was enacted on 2 August 2011.
There are a number of other Bills currently in preparation in my Department which will be brought through the Houses of the Oireachtas in due course and the position regarding RIAs for these particular Bills is set out in the table below.
|
Title of Bill |
Current position regarding RIA |
|
ESB (Electronic Communications Network) Bill 2013 |
RIA has been prepared in respect of the draft legislation and will be published following approval of the legislation by Government |
|
Energy (Miscellaneous Provisions) (Smart Metering) Bill 2014 |
Preparation of RIA is under consideration and in the event that a RIA is carried out it will be published prior to the publication of the Bill. |
|
Minerals Development Bill |
Screening RIA to be published with the Bill. |
|
Geothermal Energy Development Bill |
RIA was approved by Government on 13 July 2010 and was published. |
|
EirGrid Bill |
RIA will be prepared and published prior to publication of the Bill. |
|
Common Arrangements for Gas Bill 2013 |
RIA will be prepared and published prior to publication of the Bill. |
|
Inland Fisheries (Modernisation & Consolidation) Bill |
RIA will be prepared and published prior to publication of the Bill. |
|
Broadcasting (Amendment) Bill 2014. |
RIA will be prepared and published prior to publication of the Bill. |
My Department undertakes RIA in accordance with the procedures set out in the RIA Guidelines published by the Department of the Taoiseach.
Departmental Bodies
Questions (206)
Lucinda Creighton
Question:206. Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources the total number of Irish quasi-autonomous NGOs that his Department either created or fall under his Department’s responsibility and were in existence when he became Minister and continue to exist to date; and if he will make a statement on the matter. [55140/13]
View answerWritten answers
My Departmental remit includes complex policy areas and oversight of State regulation and provision of key strategic services such as energy and public broadcasting. In this context, the number of Commercial State Bodies and Non-Commercial State Bodies, including Regulators, currently under the aegis of my Department, is 18. I have not established any new State bodies since taking office in March 2011. The Government, on completion of a wide ranging review of State Bodies, published its decision on the rationalisation of such Bodies in Novembers, 2012. In relation to my Department, this provided that Ordnance Survey Ireland will be merged with the Property Registration Office and the Valuation Office which will, in 2014, see it transfer to the Department of Justice and Equality, who are leading on the transfer process. The Digital Hub Development Agency will also be fully merged (already on an administrative basis) with Dublin City Council (DCC) pending enactment of legislation.
There is also provision for certain back-office administrative functions of the Commission for Communications Regulation (ComReg) to be merged with the Broadcasting Authority of Ireland (BAI). The two bodies have already initiated some shared service work and are examining other areas for progression.
The Department does not have responsibility for any quasi autonomous NGOs.
Departmental Bodies
Questions (207)
Lucinda Creighton
Question:207. Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources the total number of chairpersons of State boards, agencies and regulators that fall under his Department’s responsibility that were chairpersons when he became Minister and continue to be chairpersons; and if he will make a statement on the matter. [55156/13]
View answerWritten answers
In total, there are 18 Commercial State Bodies and Non-Commercial State Bodies, including Regulators, currently under the aegis of my Department. Since I assumed office in March 2011 there are 4 Chairpersons who were on, and still remain on, the Board of State Bodies as their respective terms of office are not due to expire until a future date. In addition I reappointed 7 Chairpersons to particular State Boards for a second term when their initial term of office expired. A new Chairperson was appointed to the Board of the Loughs Agency by the North South Ministerial Council and I have also appointed 6 new Chairpersons to Boards since I assumed office.
Noise Pollution
Questions (208)
Barry Cowen
Question:208. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the number of prosecutions secured under noise pollution laws in 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [54796/13]
View answerWritten answers
Section 108 of the Environmental Protection Agency Act 1992 provides for any person, or group of persons, to seek an order in the District Court to have annoyance causing noise abated, if reasonable cause is shown. The procedures involved allow for action to be taken without legal representation.
In addition, section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise. These powers are generally exercised in preventing and limiting noise from commercial and industrial premises within their functional areas. A notice can be served by a local authority on any person in charge of any premises, processes or works, other than an activity controlled by the Environmental Protection Agency (EPA). In addition, under section 108 of the Act, local authorities have the same power as individual citizens to seek an order in the District Court to have noise giving reasonable cause for annoyance abated.
My Department does not compile statistics on the number of section 108 actions brought by individuals before the District Court. However, local authorities submit annual returns to the EPA on a range of environmental inspection and enforcement activities, including noise complaints, under the Recommendation 2001/331/EC for the minimum Criteria for Environmental Inspections (RMCEI) process.
The source of a noise complaint most often dictates the way it is addressed by a local authority, depending on whether the noise nuisance originates from commercial premises, a private rented tenant, a local authority tenant or a private home-owner. Local authorities will in general aim to resolve noise complaints without recourse to legal action through meeting with the parties concerned, mediation, issuing of warning letters, serving of a section 107 notice, etc. Bringing a case before the District Court remains an option of last resort.
An information leaflet on noise pollution and the procedures involved in bringing a complaint is available on my Department’s website - www.environ.ie/en/Environment/Noise/.
Traffic Calming Measures
Questions (209)
Charles Flanagan
Question:209. Deputy Charles Flanagan asked the Minister for the Environment, Community and Local Government if county councils have accountability to his Department in relation to the cost of the placement and-or repair of traffic calming speed ramps, materials used and the maintenance of these ramps; and if he will make a statement on the matter. [54897/13]
View answerWritten answers
I have no function in regard to this matter which falls under the remit of my colleague, the Minister for Transport, Tourism and Sport.