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Thursday, 6 Mar 2014

Written Answers Nos. 29-41

Turf Cutting Compensation Scheme Data

Questions (29, 34)

Luke 'Ming' Flanagan

Question:

29. Deputy Luke 'Ming' Flanagan asked the Minister for Arts, Heritage and the Gaeltacht the number of turf cutters who applied for the turf compensation scheme that were refused; and if he will make a statement on the matter. [10744/14]

View answer

Denis Naughten

Question:

34. Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht the steps he is taking to introduce an appeals process to the turf cutting compensation scheme; and if he will make a statement on the matter. [10559/14]

View answer

Written answers

I propose to take Questions Nos. 29 and 34 together.

The qualifying criteria for the cessation of turf cutting compensation scheme, administered by my Department, are that:

- The claimant must have a legal interest in one of the 53 raised bog special areas of conservation – ownership or turbary right;

- The claimant must have been the owner or entitled to exercise turbary rights on the land in question on 25 May 2010;

- The turbary on the site must not be exhausted;

- The claimant must have been cutting turf on the land in question during the relevant five year period; and

- No turf cutting or associated activity is ongoing on the property.

In the event that an applicant is informed that an official of my Department has decided that he/she does not fulfil the qualifying criteria of the scheme, the applicant may request an internal review of this decision. An internal review involves a reconsideration of the matter by a more senior member of staff of my Department.

In the event that the decision that the applicant is not eligible for compensation under the cessation of turf cutting compensation scheme is upheld at the internal review stage, the applicant may appeal against the decision to the Peatlands Council.

The Peatlands Council may make recommendations to me, as Minister for Arts, Heritage and the Gaeltacht, in relation to decisions of my Department that applicants are not eligible for compensation under the scheme.

A total of 2,883 applications under the cessation of turf cutting compensation scheme have been received and acknowledged by my Department A total of 4,124 payments and 442 turf deliveries have been made to applicants at a total cost in the region of €7.4 million.

Establishing ownership rights is particularly complex and my Department is working with owners of land and turbary right holders to assist them in this regard while at the same time working to ensure that only those who are entitled to compensation receive it.

I am advised that, at this stage, 17 applicants have been informed by my Department that they do not fulfil the qualifying criteria of the cessation of turf cutting compensation scheme.

In attempting to assist applicants my Department has put in place a process of accepting affidavits where it is difficult to prove ownership or turbary rights. Other issues are being worked through.

While it may be anticipated that there will be further instances where applicants will be informed that they do not fulfil the qualifying criteria of the scheme, current priority is being given to providing payments to those who clearly appear to fulfil the qualifying criteria on the basis of the information they have provided.

In addition, a number of applicants are not being provided with compensation under the scheme as the areas on which they have been cutting turf are not within one of the 53 raised bog special areas of conservation.

Departmental Agencies Staff Remuneration

Questions (30)

Mick Wallace

Question:

30. Deputy Mick Wallace asked the Minister for Arts, Heritage and the Gaeltacht further to written correspondence on 31 January 2014, his views on whether it is acceptable for a national cultural institution to request a person to work full-time for a period of six months without pay; and if he will make a statement on the matter. [10704/14]

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Written answers

Whilst my Department provides funding to the National Cultural Institutions, the board of each institution is responsible for all operational matters, including recruitment and internship programmes. Such matters are, of course, required to be in compliance with public sector pay and recruitment policy as set down by the Department of Public Expenditure and Reform. While I have no direct function in the matter, I am given to understand that a number of the National Cultural Institutions offer internship opportunities, which are provided mainly to third-level students and/or new graduates who wish to gain practical experience and develop work place skills relevant to their area of study with a view to enhancing their career opportunities.

Údarás na Gaeltachta

Questions (31)

Peadar Tóibín

Question:

31. D'fhiafraigh Deputy Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta cad é an buiséad a bhí ag Údarás na Gaeltachta chun fostaíocht a chruthú sa Ghaeltacht, cad iad na rátaí dífhostaíochta i gceantair Ghaeltachta; cé mhéad post a chruthaigh Údarás na Gaeltachta le 5 bliana anuas agus an ndéanfaidh sé ráiteas ina thaobh. [10738/14]

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Written answers

Tá buiséad iomlán de €17.485 milliún curtha ar fáil i Vóta mo Roinne d’Údarás na Gaeltachta i mbliana chun cuidiú lena chuid spriocanna a bhaint amach, lena n-áirítear buiséad caipitil de €5.687 milliún. Anuas air sin, tá cead ag an Údarás an fáltas a fhaightear ó dhíol maoine a athinfheistiú ina chlár caipitil. Tuigim go mbeidh fáil ag Údarás na Gaeltachta ar thart ar €2 mhilliún eile i mbliana chun na críche sin.

Tá an méid post a chruthaigh Údarás na Gaeltachta do na bliana 2009 - 2013 léirithe sa tábla thíos:

Bliain

Méid post a cruthaíodh

2009

710

2010

704

2011

734

2012

689

2013

616

Ar deireadh, tuigim ón Údarás nach bhfuil na figiúirí maidir le rátaí dífhostaíochta sa Ghaeltacht ar fáil ag an eagraíocht. Tuigtear dom go mbeadh na figiúirí sin ag an Roinn Coimirce Sóisialaí.

Arts Funding

Questions (32)

Bernard Durkan

Question:

32. Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which it is expected his Department can support voluntary community effort in respect of local festivals, musical and/or dramatic productions; if he can generate and support interest in this area in a practical way; and if he will make a statement on the matter. [10697/14]

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Written answers

I refer the Deputy to my responses to a series of Questions on this general topic asked by him in recent months. As stated, the Government's policy on the arts is to promote and strengthen the arts in all its forms, to increase access to and participation in the arts, and to make the arts an integral and valued part of our national life. I am continuing to work towards this goal with my Department and the agencies within its remit and I remain committed to securing the best possible level of funding for the arts sector.

As the Deputy will be aware from my earlier responses, responsibility for the promotion of the arts at all levels throughout the country is primarily devolved to the Arts Council. Under the Arts Act 2003, the Arts Council is statutorily independent in its day-to-day operations and my Department has no role to play in its executive or funding decisions. Full information on the Council's funding decisions is made available on its website at www.artscouncil.ie .

Within the current economic constraints, investment in the arts, heritage, culture and creative sectors is more important than ever, having regard to the employment intensity of these sectors. While I know that the Deputy appreciates the funding difficulties facing all Departments at this time, I can assure him that I remain committed to securing the best possible level of funding for these particular sectors.

Straitéis 20 Bliain don Ghaeilge

Questions (33)

Peadar Tóibín

Question:

33. D'fhiafraigh Deputy Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta cad iad na pleananna atá aige chun aghaidh a thabhairt ar an imní atá ann maidir leis an Straitéis Fiche Bliain don Ghaeilge. [10737/14]

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Written answers

Tá sé ráite i gClár an Rialtais 2011-2016 go dtacóidh an Rialtas leis an Straitéis 20 Bliain don Ghaeilge agus go ndéanfar na spriocanna indéanta atá molta inti a sheachadadh. Mar is eol don Teachta, is ar mo Roinnse atá an fhreagracht uileghabhálach an Straitéis a chomhordú agus a chur i bhfeidhm i gcomhar le réimse mór páirtithe leasmhara. Déanann mo Roinnse monatóireacht leanúnach ar chur i bhfeidhm na Straitéise i gcomhpháirtíocht leis na páirtithe leasmhara sin. Mar chuid den phróiseas sin, d'fhoilsigh mé tuarascáil i mí Iúil 2013 inar léiríodh an dul chun cinn foriomlán atá déanta maidir le feidhmiú na Straitéise le linn na tréimhse ó 2010 go 2013. Ina theannta sin, d'fhoilsigh na Ranna Rialtais ábhartha, aon cheann déag acu san iomlán, a gcuid pleananna forfheidhmithe faoin Straitéis ag an am céanna. Dá bhrí sin, is léir domsa go bhfuil cur chuige soiléir ann maidir le cur i bhfeidhm na Straitéise agus go bhfuil dul chun cinn á dhéanamh go staidéarach agus go stuama laistigh de na hacmhainní atá ar fáil.

Ní miste a lua go bhfuil sé beartaithe agam Coiste Comhairleach a bhunú i gcomhar leis na heagraíochtaí ábhartha Gaeilge agus Gaeltachta chun plé go sonrach le cur i bhfeidhm na Straitéise agus an phróisis pleanála teanga faoi Acht na Gaeltachta. Is i gcomhthéacs an róil chomhordaithe atá ag mo Roinn maidir le cur i bhfeidhm na Straitéise atá an Coiste Comhairleach á bhunú agam. Táim ag súil go dtabharfaidh bunú an Choiste Chomhairligh deis do na heagraíochtaí ábhartha Gaeilge agus Gaeltachta plé le mo Roinn maidir leis an mbealach is fearr an Straitéis agus an próiseas pleanála teanga a chur i bhfeidhm. Táim ag súil fosta go gcothóidh an Coiste Comhairleach comhoibriú agus comhthuiscint níos fearr idir na páirtithe éagsúla i dtaca leis an Straitéis agus leis an bpróiseas pleanála teanga.

Is léiriú follasach é an €0.5 milliún atá curtha ar fáil i Meastacháin Athbhreithnithe mo Roinne mar allúntas ar leith don Straitéis ar thiomantas an Rialtais don ábhar. Cuirfidh an maoiniú seo ar chumas mo Roinne tabhairt faoi ghníomhaíochtaí éagsúla a thacóidh leis an bpróiseas pleanála teanga ar an talamh. Áirítear anseo tacaíocht d'eagraíochtaí pobail chun cabhrú leo tabhairt faoi phleananna teanga a ullmhú agus a fheidhmiú faoi Acht na Gaeltachta 2012.

Question No. 34 answered with Question No. 29.

Special Areas of Conservation Designation

Questions (35)

Luke 'Ming' Flanagan

Question:

35. Deputy Luke 'Ming' Flanagan asked the Minister for Arts, Heritage and the Gaeltacht the position regarding the progress on the relocation from special areas of conservation bogs; and if he will make a statement on the matter. [10731/14]

View answer

Written answers

A total of 2,883 applications for compensation under the cessation of turf cutting compensation scheme have been received and acknowledged by my Department. Of these, 800 applicants have expressed an interest in relocation to non-designated bogs. Relocation is a very complex process, in terms of investigating suitable sites for turf quality and quantity, the infrastructure/drainage works required, establishing the number that can be accommodated on the site, the cost and feasibility of land purchase or lease, and possible planning and Environmental Impact Assessment requirements. In that regard, Bord na Móna has assessed in the region of 100 potential relocation sites at the request of my Department. Bord na Móna has also commenced negotiations with landowners in relation to the purchase or long-term lease of sites.

Notwithstanding this complexity, progress in relocating turf cutters to non-designated bogs is being achieved in a number of cases.

Arrangements for the relocation of turf cutters to non-designated bogs have been made as regards a group from Clara Bog special area of conservation in County Offaly and a group from Carrownagappul Bog and Curraghlehanagh Bog special areas of conservation in County Galway. The group from Clara Bog commenced turf cutting at the relocation site in Killeranny, County Offaly, in June 2012, where 23 qualifying turf cutters have now been accommodated. Turf cutting for the 2013 season took place on this site in April last. My Department envisages that qualifying turf cutters from the group from Carrownagappul Bog and Curraghlehanagh Bog will be able to commence turf cutting in a relocation site from the 2014 turf cutting season.

Progress has been made with a view to the relocation of qualifying turf cutters from Ballynafagh Bog special area of conservation in County Kildare to Timahoe North, County Kildare, which is in the ownership of Bord na Móna. My Department envisages that qualifying turf cutters from Ballynafagh Bog will be able to commence cutting in the relocation site during the 2014 turf cutting season, provided that final agreement is reached with them.

Progress has also been made with a view to the relocation of a small group of qualifying turf cutters from Ballynamona Bog and Corkip Lough special area of conservation in County Roscommon to Togher, County Roscommon, which is in the ownership of Bord na Móna. My Department envisages that this group of qualifying turf cutters will be able to commence cutting in the relocation site during the 2014 turf cutting season, provided that final agreement is reached with them.

I am advised that of the remaining 49 raised bog special areas of conservation, potential relocation sites have been identified for a further 33 bogs and work is ongoing on identifying and investigating sites. Relocation is unlikely to be required, or is likely to be small-scale, for another 16 raised bog special areas of conservation due, for example, to the small number that had been cutting turf on these sites during the relevant five year period and would qualify for the relocation option available under the cessation of turf cutting compensation scheme.

A payment of €1,500, index-linked, or a supply of 15 tonnes of cut turf per annum is available under the cessation of turf cutting compensation scheme to applicants while awaiting relocation to non-designated bogs.

Question No. 36 answered with Question No. 16.

Ferry Services

Questions (37)

Éamon Ó Cuív

Question:

37. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage and the Gaeltacht the length of the contract for the passenger service to Inishbofin Island, Galway; the reason for this length of contract; and if he will make a statement on the matter. [10562/14]

View answer

Written answers

There is a contract in place between my Department and the operator for the provision of a passenger ferry service for Inishbofin for the period from 1 January 2012 until 31 December 2014. Under this contract, my Department subsidises 14 return sailings per week, i.e. 2 per day, all year round. At the time that this contract was advertised, my Department was of the opinion that a three-year contract was the most appropriate, given the economic downturn and uncertainty in regard to its overall budgetary allocation for subsidised transport services in the medium term. The Deputy should note that my Department has contracts of varying duration in place for the provision of subsidised transport services to the offshore islands.

Air Services Provision

Questions (38)

Seán Kyne

Question:

38. Deputy Seán Kyne asked the Minister for Arts, Heritage and the Gaeltacht the level of engagement and communication to date that has taken place between his Department and officials from the European Union regarding the necessary State support for the air service between Galway and the Aran Islands; and if he will make a statement on the matter. [10729/14]

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Written answers

As the Deputy will be aware, in pursuance of Article 16 of Regulation (EEC) No 1008/2008 on access for Community air carriers to intra-Community air routes, Ireland has imposed a public service obligation (PSO) in respect of a scheduled air service operated between Galway or Na Mine and the Aran Islands. My Department has agreed a contract with an operator for the provision of the air service referred to for the period from 1 October 2013 to 30 September 2014, with an option for the extension of a further year up until 30 September 2015. This contract was advertised in the Official Journal of the EU in the required manner. The Deputy will also be aware that my Department has engaged consultants to conduct a review of the service, the findings of which will be presented to the European Commission in due course.

Ministerial Meetings

Questions (39)

Sandra McLellan

Question:

39. Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht if he will provide an update on details of any meeting or planned meetings he or his Department will have with his Northern Assembly counterpart. [10600/14]

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Written answers

I can assure the Deputy of my continuing commitment to deepening and enhancing North/South cooperation, particularly in the context of the Good Friday Agreement and the St. Andrews Agreement. As the Deputy will be aware, my Department funds two of the six North South Implementation Bodies established under the 1999 British-Irish Agreement. These are Waterways Ireland and An Foras Teanga (which comprises two agencies - Foras na Gaeilge and the Ulster-Scots Agency/Tha Boord o Ulstèr-Scotch). I, along with the Minister of State at my Department, Mr. Dinny McGinley, T.D., participate regularly in meetings of the North South Ministerial Council (NSMC) in both the Waterways and Language sectoral formats. I can advise the Deputy that the next planned meeting with my Northern Ireland counterpart, Minister Caral Ni Chuilín, MLA, will be at the NSMC in both the Waterways and Language sectoral formats in April 2014. Minister of State McGinley will also be participating.

Foreign Conflicts

Questions (40, 44)

Brendan Smith

Question:

40. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the outcome of the discussions at the EU Foreign Affairs Council meeting in relation to the difficulties in Ukraine; the proposals he put forward for discussion and for follow up by the EU in relation to this continuing political instability; and if he will make a statement on the matter. [11425/14]

View answer

Terence Flanagan

Question:

44. Deputy Terence Flanagan asked the Tánaiste and Minister for Foreign Affairs and Trade his position regarding the situation in Ukraine; and if he will make a statement on the matter. [11461/14]

View answer

Written answers

I propose to take Questions Nos. 40 and 44 together.

I am deeply concerned about developments in Ukraine in recent days. I have strongly condemned the Russian action in Crimea, which severely threatens the sovereignty and territorial integrity of Ukraine, and have called on Russia to withdraw troops immediately to their bases. Russia’s actions are in clear breach of international law and of the obligations to respect Ukraine’s sovereignty and territorial integrity. I conveyed these concerns to the Russian Ambassador when I met with him on Tuesday afternoon.

On Monday 3rd March, EU High Representative Ashton convened an extraordinary Foreign Affairs Council (FAC) to discuss the situation in Ukraine and, in particular, on the Crimean peninsula. Ministers adopted Conclusions that strongly condemned the violation of Ukraine’s sovereignty by the Russian armed forces as well as the authorisation given by the Federation Council of Russia on 1 March for the use of the armed forces on the territory of Ukraine. The Council agreed that these actions are in clear breach of the UN Charter and the OSCE Helsinki Final Act, as well as of Russia's specific commitments to respect Ukraine's sovereignty and territorial integrity under the Budapest Memorandum of 1994 and the bilateral Treaty on Friendship, Cooperation and Partnership of 1997. We called on Russia to immediately withdraw its armed forces to the areas of their permanent stationing, in accordance with the Agreement on the Status and Conditions of the Black Sea Fleet stationing on the territory of Ukraine of 1997.

The Council indicated that in the absence of de-escalating steps by Russia, the EU shall decide about consequences for bilateral relations between the EU and Russia, for instance suspending bilateral talks on visa matters as well as the New Agreement and would consider further targeted measures.

The Council also commended the government in Kiev for its measured response so far in the face of this provocation. In line with the conclusions agreed of the FAC on 20 February, Ministers decided to move swiftly to freeze the assets of those responsible for human rights violations in Ukraine.

The EU has called for a peaceful solution to the current crisis and stands ready to engage in talks with all parties to resolve this crisis. We will work with the United Nations and the OSCE to facilitate a peaceful resolution of this dangerous situation. At Monday’s FAC, Ministers also agreed that the EU would lend its full support to an international assistance package to address the urgent needs of Ukraine, based on a clear commitment to reforms. We reiterated the EU’s offer of an Association Agreement, including a Deep and Comprehensive Free Trade Area, in order to bring opportunities for sustainable economic development and prosperity to all the regions of Ukraine, including Crimea, as well as to its neighbours.

In light of the serious situation in Ukraine, President Van Rompuy is convening a meeting of Heads of State and Government in Brussels today, together with EU Commission President Barroso and High Representative Ashton, in order to exchange views on the ongoing crisis. The Taoiseach will represent Ireland.

Human Rights Issues

Questions (41)

Brendan Smith

Question:

41. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he has conveyed to the Ugandan Government his condemnation of the introduction of new anti-gay laws; if he proposes to raise the issue of these new draconian laws with other Foreign Ministers of the European Union; if it is proposed that the European Union will convey its concerns in relation to the denial of fundamental human rights; and if he will make a statement on the matter. [11427/14]

View answer

Written answers

I am seriously concerned about the passing of the Anti-Homosexuality Bill by the Ugandan Parliament and its subsequent signing into law by President Museveni. Ireland had urged the President to ensure the Bill was not enacted. I have made it clear that the enactment of this draconian legislation will affect our valued relationship with Uganda. During my visit to Uganda in December 2013, I met with representatives of human rights groups working on LGTBI issues, and they outlined in stark terms the implications of the then proposed new law for their lives and work. I assured them of Ireland’s continued support in arguing against this regressive Bill.

The new legislation is in clear conflict with Uganda’s binding international obligations to uphold human rights. It is in contravention of the principle of non-discrimination in the Ugandan Constitution, in the International Covenant on Civil and Political Rights and in the African Charter on Human and People’s Rights, both of which have been ratified by Uganda. It is the responsibility of the Ugandan Government to uphold its international obligations to treat all citizens equally, regardless of their sexual orientation.

Ireland, together with our EU partners in Uganda, has been actively engaged with the Ugandan Parliament and President Museveni in efforts to halt such discriminatory legislation since it was first proposed in 2009. We have engaged intensively since the Bill re-entered Parliament unexpectedly in December 2013. The new law is a threat to Uganda’s gay community and an affront to all those who value tolerance, respect and the dignity of all people. It will also undermine public health in a very practical way, including the efforts to combat the scourge of HIV/AIDS in Uganda.

Ireland has participated actively in high level discussions within the EU on this issue. Strong statements have been issued by the High Representative, Catherine Ashton on behalf of the EU and the member states, expressing our deep concern in relation to the legislation.

When I addressed the UN Human Rights Council in Geneva earlier this week, I highlighted our grave concerns at the enactment of regressive legislation in a number of countries, including Uganda, affecting the rights of LGBTI individuals. I called on the Human Rights Council to be more vocal on a situation in which the rights of LGBTI people continue to be violated on a daily basis.

The Government has consistently supported the promotion and protection of the human rights of all persons, irrespective of their sexual orientation or gender identity, and we are strongly committed to combating all human rights violations against individuals on any basis. Our commitments in this area are fundamental to our foreign policy and our aid programme.

Our foreign policy approach, our aid programme and our international reputation give Ireland a strong voice, in close cooperation with other partners, on vital human rights issues. We will continue to work internationally and in Uganda to promote human rights, including LGBTI rights, and to support human rights organisations and institutions, many of which are operating in very difficult environments. We strongly urge the Ugandan authorities to abolish all laws that contravene human rights obligations, including this regressive new legislation.

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