Wednesday, 26 Feb 2014

Written Answers Nos. 205-213

Aquaculture Licence Applications

Questions (205)

Finian McGrath

Question:

205. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine the timeframe for the completion of an appropriate assessment for an aquaculture licence in an area (details supplied). [9964/14]

Written answers

Minister for Agriculture, Food and the Marine

The application referred to by the Deputy is in respect of a site located within Drumcliff Bay which is designated as a Special Area of Conservation under the EU Habitats Directive (Natura 2000 site) and a Special Protection Area under the EU Birds Directive (Natura 2000 sites). In 2007 the European Court of Justice (ECJ) declared in Case C418/04 that by failing to take all measures necessary to comply with Article 6.3 of the EU Habitats Directive in respect of the authorisation of aquaculture programmes, Ireland had failed to fulfil its obligations under that Directive. As most aquaculture activity takes place in 'Natura 2000' areas (i.e. areas protected under EU Birds/Habitats Directives), it is necessary to undertake an 'Appropriate Assessment' of the effects of aquaculture activity on these areas before any new licences can be issued or any existing licences can be renewed.

In the negotiations to address the ECJ judgement a process was agreed with the European Commission. This process includes the following steps:

- Data Collection in 91 Bays/Estuaries

- Detailed analysis of the raw data collected

- Setting of Conservation Objectives by the National Parks and Wildlife Service (NPWS) in respect of each site

- Carrying out Appropriate Assessments (AA) by the Marine Institute of aquaculture / fishery activities against the detailed Conservation Objectives set, and

- Determination of Licences / Fisheries on the basis of the Appropriate Assessment and other relevant factors

The carrying out of detailed surveys of marine habitats and species has been completed. Conservation Objectives have now been set for over 60 bays including Drumcliff Bay. The next step in the process is the carrying out of an Appropriate Assessment by the Marine Institute. This is being progressed taking account of the need to facilitate the use of scientific and other resources on a flexible basis across the full range of bays.

The average timeframe for processing each particular application varies depending on location, species, scale and intensity of production, statutory status of sites, potential visual impact etc. Other factors include consideration of any submissions or observations raised during the public consultation period. My Department continues to make every effort to expedite the determination of all aquaculture applications having regard to the complexities of each case and the need to comply fully with all national and EU legislation.

Aquaculture Licence Applications

Questions (206)

Finian McGrath

Question:

206. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine the timeframe for the completion of an appropriate assessment for an aquaculture licence in an area (details supplied). [9965/14]

Written answers

Minister for Agriculture, Food and the Marine

The application referred to by the Deputy is in respect of a site located within Drumcliff Bay which is designated as a Special Area of Conservation under the EU Habitats Directive (Natura 2000 site) and a Special Protection Area under the EU Birds Directive (Natura 2000 sites). In 2007 the European Court of Justice (ECJ) declared in Case C418/04 that by failing to take all measures necessary to comply with Article 6.3 of the EU Habitats Directive in respect of the authorisation of aquaculture programmes, Ireland had failed to fulfil its obligations under that Directive. As most aquaculture activity takes place in 'Natura 2000' areas (i.e. areas protected under EU Birds/Habitats Directives), it is necessary to undertake an 'Appropriate Assessment' of the effects of aquaculture activity on these areas before any new licences can be issued or any existing licences can be renewed.

In the negotiations to address the ECJ judgement a process was agreed with the European Commission. This process includes the following steps:

- Data Collection in 91 Bays/Estuaries

- Detailed analysis of the raw data collected

- Setting of Conservation Objectives by the National Parks and Wildlife Service (NPWS) in respect of each site

- Carrying out Appropriate Assessments (AA) by the Marine Institute of aquaculture / fishery activities against the detailed Conservation Objectives set, and

- Determination of Licences / Fisheries on the basis of the Appropriate Assessment and other relevant factors

The carrying out of detailed surveys of marine habitats and species has been completed. Conservation Objectives have now been set for over 60 bays including Drumcliff Bay. The next step in the process is the carrying out of an Appropriate Assessment by the Marine Institute. This is being progressed taking account of the need to facilitate the use of scientific and other resources on a flexible basis across the full range of bays.

The average timeframe for processing each particular application varies depending on location, species, scale and intensity of production, statutory status of sites, potential visual impact etc. Other factors include consideration of any submissions or observations raised during the public consultation period. My Department continues to make every effort to expedite the determination of all aquaculture applications having regard to the complexities of each case and the need to comply fully with all national and EU legislation.

Consultancy Contracts Expenditure

Questions (207)

Catherine Murphy

Question:

207. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if he will indicate, in tabular form, the total expenditure by his Department on external consultancy advice services, including legal services, in 2011, 2012 and 2013; if this spend is in line with the overall value for money objective of his remit; and if he will make a statement on the matter. [10006/14]

Written answers

Minister for Agriculture, Food and the Marine

My Department uses private contractors, consultants and agencies to provide certain services when such an approach is more cost effective. This can include services such as specialised laboratory services, computer services, legal advice or independent auditing services. The total expenditure for these services was €1,956,784 in 2011, €1,192,211 in 2012 and €1,698,615 in 2013, details of which are given in the link.

External Consultancy

Appointments to State Boards

Questions (208)

Seán Fleming

Question:

208. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine if he is satisfied with the number of women currently serving on State boards under his remit; and if he will make a statement on the matter. [10017/14]

Written answers

Minister for Agriculture, Food and the Marine

The current gender balance of the Boards of the State Agencies under my remit is as follows:

Agency	% Females on the Board	Number of Females appointed by the Minister since taking office
*Aquaculture Licensing Appeals Board	Nil	1 appointed Feb 2012 but resigned in Oct 2012
*Bord Bia	20%	2 and 1 reappointed
Bord Iascaigh Mhara	Nil	-
Marine Institute	11%	1
*National Milk Agency	Nil	-
Sea Fisheries Protection Authority	33%	1
*Teagasc	18%	2
*Veterinary Council of Ireland	32%	6
Bord na gCon	14%	1 reappointed
Coillte	11%	1
*Horse Racing Ireland	21%	2 and 1 reappointed
Irish National Stud	14%	1

Since taking office, I have appointed 17 women and reappointed 3. Whenever I make an appointment gender balance is always a consideration. However, not all board appointments are made at my sole discretion; instead, individuals are nominated for appointment by me, as Minister, by various organisations as specified in the relevant statute (*).

Semi-State Bodies

Questions (209)

Seán Fleming

Question:

209. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the number of employee share ownership plans in operation in commercial semi-State bodies under the remit of his Department; his views on whether they offer good value to the State; and if he will make a statement on the matter. [10042/14]

Written answers

Minister for Agriculture, Food and the Marine

None of the four commercial semi-State Bodies under the remit of my Department has an employee share ownership plan in place at this time.

Youth Services Funding

Questions (210)

Alan Farrell

Question:

210. Deputy Alan Farrell asked the Minister for Children and Youth Affairs her plans to continue funding the Foróige Big Brother, Big Sister programme beyond August 2014; the source of this funding; and if she will make a statement on the matter. [9773/14]

Written answers

Minister for Children and Youth Affairs

My Department administers a range of funding schemes and programmes to support the provision of youth services to young people throughout the country including those from disadvantaged communities. The funding schemes support national and local youth work provision to some 400,000 young people and involve approximately, 1,400 youth work staff in 477 projects and 40,000 volunteers working in youth work services and communities throughout the country. In 2014, funding of €50.530m including €750,000 for a new capital funding programme has been provided to my Department for these schemes.

Foróige is in receipt of funding from my Department to support the provision of youth services throughout the country. In 2014, this funding, under the various youth services schemes and programmes will amount to some €7,054,419. The establishment and development of the Big Brother Big Sister programme by Foróige was funded by philanthropic sources. As this funding came to an end, Foróige sought alternative funding for the programme.

My Department, as with all Government departments is required to deliver significant savings on the major funding schemes that it administers, including the youth services funding schemes. In responding to requests for funding for the Big Brother Big Sister programme from Foróige, my Department has explained the very significant funding constraints applying to the youth services grants schemes. My Department has nevertheless sought to assist Foróige to maintain the Big Brother Big Sister programme. In 2011, Foróige following an internal review of the organisation's wide range of provision for young people, reprioritised its areas of youth provision. This reprioritisation, which was proposed to my Department, enabled Foróige to strengthen their Big Brother Big Sister programme, nationally.

Foróige decided to reallocate the funding provided by my Department from their youth information services to the Big Brother Big Sister programme. In late 2013 Foróige briefed my Department that it was continuing to pursue other funding sources but that, in the absence of confirmation of these, decisions were imminent on the curtailment of the programme. In this context, in November, 2013, an additional amount of €360,000 was provided by my Department, as an exceptional measure and on a 'once-off' basis, to assist in maintaining the programme at an appropriate level while Foróige continues, for a limited period, to seek alternative ongoing funding to replace the philanthropic funding which has ceased.

Adoption Legislation

Questions (211)

Anne Ferris

Question:

211. Deputy Anne Ferris asked the Minister for Children and Youth Affairs the position regarding the adoption (information and tracing) Bill; the way it is envisaged that the legislation will protect the family rights and other rights, under the European Court of Human Rights and the Constitution, of the thousands of adoptees, natural mothers and their broader birth families who are currently being denied the opportunity to act as natural family units due to difficulties in accessing birth and adoption records; and if she will make a statement on the matter. [9776/14]

Written answers

Minister for Children and Youth Affairs

My Department is continuing to work on the Heads of Bill for the Adoption (Information and Tracing) Bill and I hope to be in a position to seek Government approval to publish the Heads of Bill as soon as possible. As I have stated on a number of occasions it is important to note that complex legal and constitutional issues have arisen in the drafting of the Bill. A particular challenge has arisen in the attempt to reconcile an adopted person's request for information about his or her identity with the right to privacy of his or her birth parent where consent has not been provided. My Department is continuing to consult with the Office of the Attorney General on this and on a number of related issues.

One reason for the discussions with the Attorney General is to continue to tease out precisely how this can be done in the context of what I must state is extremely strong legal advice about the constitutional protection of the rights of the natural mother to privacy. A number of European court cases also have addressed this issue and highly complex legal and constitutional issues have arisen. I continue to explore how far the Government can go in building into legislation that right of the adopted person to get access to information without breaching the Constitution. This is the reason it is taking this length of time to draft the Heads of Bill. I intend to submit the Heads of Bill for Government approval as soon as these issues have been addressed.

I am not in a position to give a comprehensive account of the provisions of the proposed legislation until the Heads of Bill have been agreed by Government. Once approved by Government, the Heads of Bill will be sent to the Oireachtas Committee on Health and Children for its detailed consideration. The process of sending the Heads of Bill to that Committee will ensure that the provisions of the proposed legislation will be subject to public scrutiny and it is of course open to that Committee to invite and encourage submissions from all interested parties. In the meantime I am open to any proposals or suggestions in relation to policy on this matter that assists in achieving as much access as possible in a manner that is legally and constitutionally sound.

Child Care Services Funding

Questions (212)

Seán Ó Fearghaíl

Question:

212. Deputy Seán Ó Fearghaíl asked the Minister for Children and Youth Affairs the reason the capitation payment to a community child care provider (details supplied) has been significantly reduced; if she will review the funding from her Department to this provider; if she will ensure that all appeals are dealt with in a sympathetic and expeditious fashion; and if she will make a statement on the matter. [9896/14]

Written answers

Minister for Children and Youth Affairs

The Childcare Directorate of my Department implements the Early Childhood Care and Education (ECCE) programme and the Community Childcare Subvention (CCS) programme, with assistance from Pobal in relation to issuing CCS payments. The service referred to by the Deputy is participating in both of these programmes.

Community childcare services qualify for funding under the CCS programme on the basis of the level of service they provide and the profile of the parents benefiting from their service. The information provided in the parental declaration forms submitted to my Department is verified by the Department of Social Protection (DSP) and the HSE. This information determines the level of subvention which applies to each individual qualifying parent and consequently the overall level of funding to which a service is entitled. Following verification of the information, participating services are provided with a list of qualifying parents and confirmation of the subvention level applied to each parent. Parents can appeal if they consider that they are entitled to a higher rate of subvention.

In relation to the particular childcare service referred to, I can confirm that the appeal process for this school year has been completed and the service has been informed of the outcome. The capitation payment for this year is based on a total of 45 children for whom parental returns were submitted by the service compared to 58 children for the year 2012/13. This decreased enrolment has resulted in a significant reduction in the funding to which the service is entitled.

The ECCE programme provides for one year's free pre-school attendance for each eligible child before commencing primary school. Funding of €28,750 has been provided to date for this school year to this childcare facility under the ECCE programme and further payment will issue for the remaining terms of the school year. This funding is also based on verified returns submitted by the service for the eligible children enrolled. There is no provision under the CCS or ECCE programmes to provide additional funding over and above that generated by the returns submitted.

Consultancy Contracts Expenditure

Questions (213)

Catherine Murphy

Question:

213. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs if she will indicate, in tabular form, the total expenditure by her Department on external consultancy advice services, including legal services, in 2011, 2012 and 2013; if this spend is in line with the overall value for money objective of her remit; and if she will make a statement on the matter. [10008/14]

Written answers

Minister for Children and Youth Affairs

I would like to inform the Deputy that all contracts entered into by my Department must conform to the relevant laws and the Department of Public Expenditure and Reform guidelines on Public Procurement. It is the policy of my Department to minimise to the greatest extent possible, the use of external consultancy and to ensure that where it is necessary to engage an external consultant, my Department achieves maximum value for money.

I would refer the Deputy to my reply to Parliamentary Question No. 296 of 16 January 2014, which detailed professional services, including consultancy and legal services, for which payments were made since the establishment of my Department on the 2nd of June 2011 and detailing the year in which the payment issued. As per that response, I have taken professional fees to refer to accountable persons from whom Professional Services Withholding Tax has been deducted in respect of professional services provided. The list provided contains a wide range of services provided to the Department which includes but is not limited to legal, consultancy, advisory, capital, advertising and accountancy costs. The list, for example, includes payments related to research, consultation with children, interview board participation, industrial relations mediation, expert evidence, national and international expert participation in groups, investigations and publication. I would further note that in line with the aforementioned policy to minimise external professional costs, IT support for my Department is provided by the Department of Health.

The information which the Deputy requested is outlined in tabular form as follows, excluding VAT. As my Department was established on the 2nd June 2011 information is provided from that date.

Departmental Expenditure

Payee	Payee Totals 2011	Payee Totals 2012	Payee Totals 2013
Ailbhe O'Neill BL	-	€16,380	-
Alan Nolan	-	-	€5,500
Angela O'Connell	-	€5,750	-
Astrid Frederike Schrader	-	-	€1,520
Behaviour and Attitudes Ltd.	-	€83,700	-
Bernard Davies	€1,952	-	-
Brenda A Dooley	-	€1,038	-
Burtenshaw Kenny Associates	€4,990	€2,480	€3,920
Capita Business Services Ltd.	-	-	€19,350
Carmel Corrigan	-	€12,600	-
Cnag an Doras	€46,886	€14,717	€56,906
Conal Devine & Associates	-	-	€11,159
CPD Ireland	€2,850	€4,800	€3,275
Deloitte & Touche	€6,295	€7,365	€6,088
Diana L Montemayor	-	€739	-
Dr Eoin O'Malley	-	-	€4,050
Dr. Claire Hayes	-	€2,250	-
Eliza Popper	-	-	€1,533
Elliott & Fitzgerald	-	-	€1,000
Elzbieta Maria Jakubek	-	-	€1,565
Francis Kieran BL	-	€3,000	-
Frontier Engineering Group Ltd	-	-	€6,235
Fusio	-	-	€7,150
HV McELfatrick	-	-	€2,974
Jane Clarke	-	-	€4,800
Janet Hughes	-	-	€1,850
John C Malone	-	€500	€1,600
John Fanning	-	-	€23,750
KDNINE LTD	-	€18,472	-
Kevin Rafter			€4,200
Likongwe & Compny	-	€1,080	-
Liz Harper	€7,417	€8,020	€4,900
Marko Paunovic	-	-	€1,545
Martin Fischer	-	-	€1,589
Mazars	-	-	€180,907
McGuinness Killen Partnership	-	-	€5,460
MKC Communications	-	€26,301	€5,000
Muse Akgul	-	-	€1,666
Nerijus Miginis	-	-	€1,517
Niall Watters & Associates	-	€5,996	€3,998
Penhouse Design	€41,505	€73,645	€37,180
Prof Ann Sanson	-	€23,002	€3,807
Quality Matters Ltd	-	-	€1,760
Richard Sinnott	-	-	€8,000
Roger Jupp	-	-	€33,600
Ronan Tierney (Internal Audit)	-	€12,725	€52,239
Sandra Roe	-	-	€12,000
Satya Brink	-	€32,508	€15,471
Second Nature TM Ltd	€1,502	-	-
Shane Murphy SC	-	€3,000	-
Simona MURSEC	-	€350	€1,565
Sven Retore	-	-	€1,516
The Change Exploratory Ltd	-	€800	-