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Tuesday, 21 Jan 2014

Written Answers Nos. 527-545

Garda Operations

Questions (528)

James Bannon

Question:

528. Deputy James Bannon asked the Minister for Justice and Equality the number of grow houses for the cultivation of drugs identified or detected in the Longford-Westmeath district in the years 2012 and 2013; and if he will make a statement on the matter. [2931/14]

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Written answers

I set out below for the Deputy's information a table detailing the number of drug cultivation incidents recorded by An Garda Síochána in respect of the Roscommon/Longford and Westmeath Garda Divisions for the years 2012 and 2013.

These figures reflect the ongoing work being carried out by An Garda Síochána through its targeted intelligence led initiative Operation Nitrogen. This Operation continues to be very successful in identifying and dismantling cannabis cultivation sites across all areas of the country.

Number of drug cultivation incidents recorded in An Garda Síochána's Roscommon/Longford and Westmeath Divisions 2012/2013*

Garda Division

Roscommon / Longford

Westmeath

2012

20

11

2013

13

10

*Figures provided are operational and liable to change.

Crime Prevention

Questions (529)

James Bannon

Question:

529. Deputy James Bannon asked the Minister for Justice and Equality his plans to address the sale of metal from burglaries in view of the increase in value of those commodities that is, the price of copper has gone up from €3,000 per tonne to €6,000 per tonne; and if he will make a statement on the matter. [2942/14]

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Written answers

I can inform the Deputy that An Garda Síochána has established a metal theft forum involving stakeholders particularly affected by this type of crime, including the Irish Farmers' Association, the Irish Creamery Milk Suppliers association, the Electricity Supply Board, telecoms, transport companies, brewing concerns and the Department of the Environment, Community and Local Government.

Building on their existing crime prevention operations and advice, An Garda Síochána published a Metal Theft Crime Prevention and Reduction Plan, on 6 February 2013. The Garda Plan was developed in close cooperation with the stakeholders who participated in the metal theft forum and it is designed to provide for an effective and multi-agency response to the problem referred to by the Deputy. An Garda Síochána is implementing a range of initiatives to tackle metal theft, in line with the framework set out in the plan, and have my full support in this regard. Garda enforcement measures include activity under the aegis of Operation Fiacla and, as the Deputy will be aware, since the introduction of that operation there have been substantial reductions in burglary nationwide.

In so far as the question of the regulations which apply in this area, and the possible sale of stolen metal is concerned, my colleague the Minister for the Environment, Community & Local Government has published draft regulations under the Waste Management Act which aim to enhance the traceability of scrap metal purchases, and I am advised that this proposal remains under consideration.

Surrogacy Issues

Questions (530)

Michael Healy-Rae

Question:

530. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his plans in view of recent revelations to look at the legality of surrogacy here; and if he will make a statement on the matter. [2954/14]

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Written answers

As I have previously indicated, I have been engaged in the preparation of a General Scheme of a Children and Family Relationships Bill. I intend to bring my detailed proposals to Cabinet very shortly, with a view, subject to Government approval, to publication and consultation. I expect that proposals in relation to surrogacy and its legal status will be extensively considered in context of that consultation process.

Immigration Status

Questions (531)

Willie Penrose

Question:

531. Deputy Willie Penrose asked the Minister for Justice and Equality when a decision will be made concerning an application to his Department pursuant to a section of the Immigration Act 1999, as amended, in respect of a person (details supplied) wherein it is indicated that this person, who has specific talents which are suited to a particular business, will be employed immediately and will not constitute any burden on the State, and where character references have already been furnished; if a decision thereon can be expedited; and if he will make a statement on the matter. [2971/14]

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Written answers

Given that the person concerned had no valid basis to remain in the State, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), he was notified, by letter dated 22nd November 2012, that the Minister proposed to make a Deportation Order in respect of him. He was 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 written representations to the Minister setting out the reasons why he should not have a Deportation Order made against him. Written representations have been submitted by and on behalf of the person concerned.

The position in the State of the person concerned will now 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 a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.

Common Security and Defence Policy

Questions (532)

Éamon Ó Cuív

Question:

532. Deputy Éamon Ó Cuív asked the Minister for Defence his policy in relation to common defence; the policy of co-operation in the area of military capability development at EU level; and if he will make a statement on the matter. [2256/14]

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Written answers

The operation and implementation of the EU’s Common Security and Defence Policy (CSDP) is separate and distinct from a European common defence.

Ireland participates fully in CSDP and in the related institutional arrangements within the European Union. Ireland contributes to CSDP civil and military missions, and participates in co-operative arrangements within the EU for the development and delivery of military capabilities, including through active engagement in the European Defence Agency. We have been a strong supporter of the role taken by the European Defence Agency in relation to the development and delivery of capabilities for CSDP operations and its role in supporting the development of a more competitive and efficient defence industry, which could reduce the cost of equipment procurement to the Defence Forces. To this end, Ireland has participated in a range of EDA programmes, including on Force Protection, Maritime Surveillance and Chemical, Biological, Radiological and Nuclear protection.

In 2010, the EDA embarked on a new initiative in the area of co-operative military capability development called "Pooling and Sharing". The concept involves groups of Member States coming together and pooling resources so as to retain, maintain and/or enhance their military capabilities which they can make available for Common Security and Defence Policy (CSDP) operations. Ireland is currently participating in a pooling and sharing initiative, taking the lead role in a study on Naval Training which is examining the potential for pooling and sharing training across the 11 participating member States.

Ireland’s participation in co-operative military capability development initiatives is designed to develop and enhance the capabilities of the Defence Forces on crisis management operations and to deliver greater efficiency and effectiveness in this regard. None of these initiatives impose any obligations on Ireland and we retain the right to determine when and where we will co-operate on such initiatives.

In relation to the issue of a European Union Common Defence, the position of the Government is clear. Article 29.4.9 of the Constitution specifically prohibits participation by the State in a European common defence. There is also a significant legal underpinning for Ireland’s view on the defence aspects of the EU, which is reflected in Title III of the Protocol on the concerns of the Irish people on the Treaty of Lisbon. Any decision by Ireland to participate in an EU Common Defence would be a matter for the people to decide.

Defence Forces Deployment

Questions (533)

Brian Walsh

Question:

533. Deputy Brian Walsh asked the Minister for Defence the number of Army personnel located at Dún Uí Mhaoilíosa, County Galway; the way this number has changed since his announcement of the reorganisation of the Permanent Defence Force; and if he will make a statement on the matter. [2291/14]

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Written answers

The military authorities have advised that, as of 20 December 2013, the number of Defence Forces personnel of all ranks located at Dún Uí Mhaoilíosa, Co. Galway, was 434. This reflects an increase of 144 on the number of Defence Forces personnel located there on 30 November 2012. I am satisfied that the changes brought about by the re-organisation of the Permanent Defence Force ensure that the Defence Forces organisational structures are configured to maximise required capabilities.

Departmental Reports

Questions (534)

Barry Cowen

Question:

534. Deputy Barry Cowen asked the Minister for Defence if he will provide in tabular form the total amount spent since February 2011 on external reports commissioned by his Department including payments from ministerial allowances, broken down by report; if he will provide the details of any consultants employed; the name of each report and its status as published or ongoing; and if he will make a statement on the matter. [2358/14]

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Written answers

My Department has commissioned two external reports since March 2011.

On 19th April 2011, Mr Frank Callanan, SC, was commissioned to carry out an independent review into matters relevant to the deaths of Corporal Fintan Heneghan, Private Mannix Armstrong and Private Thomas Walsh on 21st March 1989 while serving with the 64th Infantry Battalion, United Nations Interim Force in Lebanon (UNIFIL). The report was completed in September 2011. The cost of this report was €51,660 including VAT.

Arising from one of the recommendations made in the Air Accident Investigation Unit’s report into the crash involving the Air Corps’ Pilatus PC9 aircraft at Cornamona, Co. Galway on 12th of October 2009, the Air Corps reviewed the operation of its Safety Management System and accepted the suggestion made that it include an external source in the auditing process. Accordingly, Mr Jacques Michaud was commissioned by the Air Corps in August 2013 to carry out a review of the Air Corps’ Safety Management System. The report entitled “Irish Air Corps Safety Management Review” was completed in November 2013 at a cost of €20,000.

Defence Forces Reserve Strength

Questions (535)

Pádraig MacLochlainn

Question:

535. Deputy Pádraig Mac Lochlainn asked the Minister for Defence the current effective strength of the Reserve Defence Force, with figures broken down for the Army Reserve and Naval Service Reserve; and when he foresees the beginning of recruitment to fill vacancies in the RDF. [2440/14]

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Written answers

The effective strength of the Reserve Defence Force at the end of November 2012, the latest date for which figures are available stood at 4,371, broken down into 4,191 Army Reserve and 180 Naval Service Reserve. Work is continuing on the implementation of the reorganisation and the development of the single force concept and a review of the number of active members of the RDF is currently being compiled in this regard. As part of this process, the criteria for participation in the RDF are also being reviewed and updated and a recruitment plan is being developed. I anticipate that consideration of these issues will be completed in the near future.

In the context of the foregoing up to date strength figures for the Reserve Defence Force are not currently available. I will provide this information directly to the Deputy once it comes to hand.

Consultancy Contracts Expenditure

Questions (536)

Clare Daly

Question:

536. Deputy Clare Daly asked the Minister for Defence the amount his Department spends on an annual basis in payments to consultancy firms (details supplied). [2474/14]

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Written answers

My Department does not make any payments in respect of consultancy fees to the companies listed. The Department has, however, made annual payments to Oracle EMEA Limited in respect of Information Technology Annual Licences and support in the ongoing provision of the Department’s financial management system

Defence Forces Operations

Questions (537)

Clare Daly

Question:

537. Deputy Clare Daly asked the Minister for Defence if protection for cash in transit vans will cease with effect from this month. [2524/14]

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Written answers

Primary responsibility for security matters rests with An Garda Síochána. The Defence Forces, pursuant to their role in rendering Aid to the Civil Power, provide armed escorts for certain cash movements within the State when requested to do so by An Garda Síochána.

My Department is unaware of any plans to cease the Defence Force involvement in cash-in-transit escorts.

Defence Forces Personnel

Questions (538, 539)

Clare Daly

Question:

538. Deputy Clare Daly asked the Minister for Defence the action he has taken to address the upper service limits that apply post 1 January 1994 to enlisted personnel of the Permanent Defence Force; and when he proposes to bring clarity to these persons in relation to their service contracts. [2733/14]

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Thomas P. Broughan

Question:

539. Deputy Thomas P. Broughan asked the Minister for Defence the position regarding the review being undertaken into the age limits applicable to serving members of the Defence Forces who joined after 1994; and if he will advise on the prospects for members who entered the Defence Forces after 1994. [2807/14]

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Written answers

I propose to take Questions Nos. 538 and 539 together.

The unsatisfactory age and fitness profile of the Permanent Defence Force was an issue of serious concern during the 1990s and was the subject of severe criticism by a series of external reports, mainly Price Waterhouse Consultants and the Efficiency Audit Group (EAG). One of the key areas identified for urgent action by the EAG was the development of a manpower policy with an emphasis on lowering the age profile of Permanent Defence Force personnel. The EAG's report was accepted by Government in 1995.

In an effort to alleviate the situation, the Government had already decided in 1993 to enlist personnel on a five year contract basis, following consultation with Permanent Defence Force Other Ranks Representative Association (PDFORRA). In 1997 agreement was reached with PDFORRA on a new manpower policy for the Defence Forces. This policy, applying to personnel enlisted after 1 January 1994, provided that service for Private Soldiers would initially be for five years with the option to be extended to a maximum of twelve years, subject to meeting standards of medical and physical fitness and conduct. Longer periods of service were envisaged for Non Commissioned Officers.

In 2004 PDFORRA submitted a claim under the Conciliation and Arbitration Scheme for a further review of the terms of service applying to personnel enlisting in the Permanent Defence Force after 1 January, 1994. A set of criteria was agreed with PDFORRA to provide longer careers for those who enlisted post 1 January 1994 while continuing to address the Government’s objective of having an appropriate age profile to meet the challenges of a modern Defence Forces.

The criteria require that any person re-engaging after 12 years service must be able to continue to operate at their current level both at home and overseas on an ongoing basis. Re-engagement is subject to the individual soldier meeting specified criteria in regard to physical fitness, medical category, successful completion of military courses of instruction, service overseas and conduct ratings.

The maximum service period for these personnel is as follows:

- Enlisted Personnel, up to and including the rank of Corporal (and equivalent Naval service rank), may not serve beyond 21 years service;

- Enlisted Personnel, in the rank of Sergeant (and equivalent Naval Service rank), may be permitted to continue in service up to the age of fifty years;

- Enlisted Personnel in all higher ranks may serve to the age of fifty-six.

With the approach of 2015 the first effects of the agreement, whereby Privates and Corporals may not serve beyond 21 years, will be felt by Permanent Defence Force members in those ranks. A claim has been received from PDFORRA for a further review in relation to this matter. In accordance with normal procedures the Association’s claim is being dealt with under the Conciliation and Arbitration Scheme for members of the Permanent Defence Force. As discussions under the Scheme are confidential to the parties involved it would not be appropriate for me to comment further on the matter at this time, other than to emphasise that in dealing with this issue the manpower and operational needs of the Defence Forces must be the primary consideration.

It is intended to finalise negotiations with the Representative Association as soon as possible in 2014.

Single Payment Scheme Payments

Questions (540)

John O'Mahony

Question:

540. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive his or her single farm payment for 2008 to 2010, inclusive; and if he will make a statement on the matter. [2285/14]

View answer

Written answers

As part of a review of land parcels declared for the purposes of benefiting from payment under the Single Payment Scheme and other area-based Direct Payment Schemes, the person named was written to by my Department in April 2011 with regard to ineligible areas on one of their land parcels declared for the scheme years 2009 and 2010 which had given rise to overpayments in both the scheme years 2009 and 2010.

Following a complete review of the circumstances of this case, the penalty applied to each of the scheme years 2009 and 2010 has been reduced by 90%. The processing of both payments has recently been finalised and I expect that refunds will shortly issue to the person named within the next week.

Agriculture Scheme Payments

Questions (541)

John O'Mahony

Question:

541. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their single farm payment and their disadvantaged areas scheme payment; and the reason for the delay. [2286/14]

View answer

Written answers

An application under 2013 Single Payment / Disadvantaged Areas Scheme was received from the person named on 2 May 2013. A full advance payment in respect of Single Payment Scheme issued on 16 October and the entire balancing payment due issued on 02 December 2013 to the nominated bank account of the person named.

Payment in respect of the Disadvantaged Areas Scheme is due to issue shortly as the holding of the person named has recently been confirmed as having met the stocking requirements following the successful completion of an end of year exercise to establish the definitive position.

Rural Environment Protection Scheme Payments

Questions (542)

John O'Mahony

Question:

542. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their REP scheme payment; the reason for the delay; and if he will make a statement on the matter. [2287/14]

View answer

Written answers

The person named commenced REPS 4 in July 2009 and received payments for the first four years of their contract.

REPS 4 is a measure under the current 2007-13 Rural Development Programme and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. This process has now been completed for 2013 payments and the 75% Year 5 payment amounting to €3,578.36 issued for payment on 17th January 2014. The remaining 25% balancing payment amounting to €1,192.79 issued for payment on 20th January 2014.

Agriculture Scheme Payments

Questions (543)

John O'Mahony

Question:

543. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their single farm payment and their disadvantaged areas acheme payment; the reason for the delay; and if he will make a statement on the matter. [2306/14]

View answer

Written answers

The person named submitted an application under the 2013 Single Payment and Disadvantaged Area Schemes on 17th April 2013. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases, land eligibility inspections, be completed before any payments issue.

In order to meet the EU requirements, the application concerned was one of a number which was selected for inspection. The application was initially examined via remote sensing (Satellite Inspection). As over claims were determined on some parcels, these were sent for ground inspection and the over claims were confirmed. As the total over claim was greater than 20% the penalty is no payments in the year concerned. The person named was informed of this, including the right of appeal, in writing dated 11 November.

An appeal has been received and is currently being examined. The person named will be informed of the outcome as soon as the matter is fully examined.

Single Payment Scheme Payments

Questions (544)

John O'Mahony

Question:

544. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their single farm payment; the reason for the delay; and if he will make a statement on the matter. [2335/14]

View answer

Written answers

An application under 2013 Single Payment Scheme was received from the person named on 14 May 2013. The advance payment issued on 16 October 2013. An attempt was made to issue the balancing payment on 2nd December to the nominated bank account of the person named. However as the person named amended their bank details between the issue of the advance and balancing payment the balancing payment remains unpaid. A member of my Department has been in direct contact with the person named and has outlined what is required for the payment to issue.

Departmental Reports

Questions (545)

Barry Cowen

Question:

545. Deputy Barry Cowen asked the Minister for Agriculture, Food and the Marine if he will provide, in tabular form, the total amount spent since February 2011 on external reports commissioned by his Department, including payments from ministerial allowances, broken down by report; if he will provide the details of consultants employed; the name of each report and its status as published or ongoing; and if he will make a statement on the matter. [2354/14]

View answer

Written answers

The information requested by the Deputy is provided in the following tables:

2011: March- December

Consultant

Title of Report

Date of Commission

Date or Expected Date of Publication

Payments

University College Dublin

Evaluation of the EU School Fruit Scheme/Food Dude Programme in Ireland 2011 - Commission Regulation 288 of 2009

February 2011

10 January 2012

4,500

University College Dublin

EU School Fruit Scheme/Food Dude Programme in Ireland – A review of evaluations completed to date - Commission Regulation 288 of 2009

September 2011

6 February 2012

6,388

Drima Marketing Ltd

Joint Forest Sector Questionnaire (JSFO) 2010

Joint Wood Energy Enquiry (JWEE) 2010

Market Report for Ireland for the Timber Committee 2010

March 2011

Joint Forest Sector Questionnaire - completed May 2011,

Joint Wood Energy Enquiry (JWEE) 2011, published in 2010 Woodflow January 2012

UNECE report completed Sept 2011

12,792

Rockwell Automation

Hazard and Operability Study

November 2011

13 December 2011

3,740

Brendan Riordan, Research Economist

The Net Contribution of the Agri-Food Sector to the Inflow of Funds into Ireland: a New Estimate

3 March 2011

23 July 2012

6,000

Accenture

An analysis of an internal review of procurement.

23 May 2011

20 September 2011

Work done on a pro-bono basis

Accenture

An examination of the opportunities and capacity for further shared services between the Department and its non-commercial state agencies.

23 May 2011

20 September 2011

Work done on a pro-bono basis

Accenture

A review of the Department’s role in regulating meat plants

23 May 2011

20 September 2011

Work done on a pro-bono basis

KPMG

An examination of the administration of the Single Payment Scheme.

4 July 2011

13 October 2011

Work done on a pro-bono basis

Fitzmaurice Tingle Ltd.

Refrigeration Consultancy on 6 Fishery Harbour Centre Sites

14 October 2011

8 November 2011

3,505

Brian Scott, 28 Portlock Gardens, Nailsea, Bristol, BS48 2QY, UK

Port Security Assessment- Castleownbere Fishery Harbour Centre

29 September 2011

November 2011

4,680

University College Dublin

EU School Fruit Scheme/Food Dude Programme in Ireland- A review of evaluations completed to date- requirement of EU Commission Regulation 288 0f 2009

September 2011

6 February 2012

6,388

Deloitte Ireland

To examine recommendations of the Report of the Review Group on State Assets and Liabilities as applicable to be this Department to value the assets referred to and to make a series of recommendations

Commissioned centrally end June/July 2011

Not applicable

(For Internal Departmental information)

Work done on a pro-bono basis

Michael Dowling

Beef 2020 Activation Group: Growing the Beef Sector

February 2011

June 2011 – for input into FH 2020 Committee

13,000

Briggs Environmental Services

Oil Spill Contingency Plans

May 2007

Updated on regular basis

4,424

Deloitte Ireland

Department of Agriculture, Food and the Marine  – Annual Accounts Certification

2010

Not for publication – Report is a requirement of EU legislation

509,830

2012: January- December

Drima Marketing Ltd

Joint Forest Sector Questionnaire (JSFO) 2011

Joint Wood Energy Enquiry (JWEE) 2011

Market Report for Ireland for the Timber Committee 2011)

March 2012

Joint Forest Sector Questionnaire - completed May 2012,

Joint Wood Energy Enquiry report published in 3 July 2012

UNECE report completed Sept 2012

12,792

Indecon

Review of certain aspects of the Irish Horse Racing Industry

1 March 2012

20 July 2012

59,225

CMG Crime Management Ltd

ISPS Port Security Plan- Castleownbere Fishery Harbour Centre

25 May 2012

June 2012

3,198

Philip Farrelly & Co. Ltd

Food Harvest 2020 – Environmental Analysis Report

12 April 2012

January 2014

172,207 – balance of €57,403 to be paid on completion

CMG Crime Management Ltd

ISPS Port Security Plan  Castletownbere

25 May 2012

June 2012

3,198

Team BDS

Lean Review of the Meat Inspection Service

10 October 2012

To be confirmed

98,597

Deloitte Ireland

Department of Agriculture, Food and the Marine  – Annual Accounts Certification

2010

Not for publication – Report is a requirement of EU legislation

514,169

2013: January- December

Norfolk Marine

Survey works report to Killybegs Fishery Harbour Centre

13 March 2013

April 2013

10,828

Drima Marketing Ltd

Joint Forest Sector Questionnaire (JSFO) 2012

Joint Wood Energy Enquiry (JWEE) 2012

Market Report for Ireland for the UNECE Timber Committee 2011)

13 February 2013

Joint Forest Sector Questionnaire - completed May 2013,

Joint Wood Energy Enquiry report & will be published in 2012 Woodflow (July 2013)

UNECE report expected in October 2013

11,218

Indecon

Review of certain matters relating to Bord na gCon

13 December 2013

12 April 2014

€60,885

(Due to be paid following completion of the review in 2014)

Fitzpatrick Associates Economic Consultants

Ex Ante Evaluation, Strategic Environmental Assessment and Appropriate Assessment of the 2014 – 2020 Rural Development Programme

31 January 2013

Ongoing

48,400

Norfolk Marine Ltd

Survey works report to Killybegs FHC

13 March 2013

April 2013

10,828

Deloitte Ireland

Department of Agriculture, Food and the Marine  – Annual Accounts Certification

2010

Not for publication – Report is a requirement of EU legislation

468,277

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