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Tuesday, 22 Sep 2015

Written Answers Nos. 1670 - 1681

Departmental Functions

Questions (1670)

Eoghan Murphy

Question:

1670. Deputy Eoghan Murphy asked the Minister for Transport, Tourism and Sport the status of the internal audit unit across his Department; the internal audit unit's relationship with external auditors and audit committees, as well as the internal audit unit's adherence to professional standards; and if he will make a statement on the matter. [32558/15]

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Written answers

My Department has an established Internal Audit Unit and an Audit Committee both of which operate under charters approved by the Accounting Officer and the Chairman of the Audit Committee. The Audit Committee is part of the Department’s governance framework whose mission is to advise (and to bring any matters of concern that arise to the attention of) the Accounting Officer and the Management Board in fulfilling their responsibilities with regard to the governance of the Department, having particular regard to the provision of assurance in relation to adequacy and effectiveness of the systems of internal controls and risk management in place. The Audit Committee is both independent and objective. Internal Audit meets with the Audit Committee at least 4 times per year and has full and free access to the Audit Committee and Accounting Officer as required. The Comptroller and Auditor General (C&AG) is the Department’s external auditor. Internal Audit provides copies of: minutes of Audit Committee meetings; the Audit Committee Annual Report, and completed audit reports to his office, for information, throughout the year. The Audit Committee meets with the C&AG annually to discuss their audit and other issues of common concern which may arise.

Internal Audit in my Department is guided by the Chartered Institute of Internal Auditors International Standards for the Professional Practice of Internal Auditing. The Department of Public Expenditure and Reform, determined in November 2012, that these standards should apply across all Departments and other Vote Holders.

Comharthaí Bóthair

Questions (1671)

Caoimhghín Ó Caoláin

Question:

1671. D'fhiafraigh Deputy Caoimhghín Ó Caoláin den Aire Ealaíon, Oidhreachta agus Gaeltachta an bhfuil sé i gceist aici an dea-chleachtas maidir le comharthaí dátheangacha, agus an dá theanga oifigiúla ar cóimhéid le chéile, a mholadh do na Comhairlí Contae nó iad a spreagadh chun an dea-chleachtas sin a úsáid; agus an ndéanfaidh sí ráiteas ina thaobh. [30548/15]

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Written answers

Tá dualgas reachtúil ar gach comhlacht poiblí atá ainmnithe faoi Acht na dTeangacha Oifigiúla 2003 feidhmiú de réir na Rialachán atá déanta ag an Aire Ealaíon, Oidhreachta agus Gaeltachta faoi alt 9(1) den Acht. Faoi na Rialacháin agus faoi réir díolúintí áirithe atá sonraithe, tá dualgas ar chomhlachtaí poiblí a chinntiú go bhfuil a gcuid comharthaíochta á soláthar i nGaeilge amháin, nó i mBéarla agus i nGaeilge, de réir critéar ar leith atá daingnithe sna Rialacháin.

Is feidhm de chuid Oifig an Choimisinéara Teanga í faireachán a dhéanamh ar fhorfheidhmiú an Achta ag comhlachtaí poiblí.

Fisheries Protection

Questions (1672)

Michael Healy-Rae

Question:

1672. Deputy Michael Healy-Rae asked the Minister for Arts, Heritage and the Gaeltacht the reason persons (details supplied) in County Kerry were unsuccessful in their application under the mussel habitat scheme; and if she will make a statement on the matter. [30929/15]

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Written answers

I am advised that applications to join the KerryLIFE project were assessed using criteria laid down by the KerryLIFE Project Management Group, as follows:

- the presence of land within 200m of targeted freshwater pearl mussel habitat, ranked by area;

- the area of land on a farm holding within 200m of other freshwater pearl mussel habitat;

- the area of land within 100m of large streams and rivers feeding into the targeted habitat;

- the area of land within 50m of small tributaries streams feeding into the targeted habitat;

- the results of the rapid catchment-level agricultural risk assessment; and

- the potential for implementing concrete conservation actions in the KerryLIFE project.

I understand that the applicant referred to in the Deputy’s Question has two separate land holdings and associated herd numbers within the project area. Both land holdings were assessed and, while meeting the criteria, they ranked outside the first 50 farms that were granted a place on the project. The two land holdings of the applicant, along with all other farmers who expressed an interest in participating in the project, were placed on a reserve list. Where a farmer who has been granted a place on the project withdraws, their place will be offered to the next farmer on the reserve list in order of rank. This information has been conveyed directly to the applicant.

National Monuments

Questions (1673)

Michael Healy-Rae

Question:

1673. Deputy Michael Healy-Rae asked the Minister for Arts, Heritage and the Gaeltacht her views on a matter (details supplied) regarding Killagh Priory, Milltown, County Kerry; and if she will make a statement on the matter. [31133/15]

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Written answers

I understand that the monument in question is in the ownership of Kerry County Council which is, therefore, responsible for its maintenance. Consent under the National Monuments Acts was given to the Council by my Department in 2010 for urgent stabilisation works as a precursor to a more substantial conservation programme. I understand that a conservation plan was subsequently commissioned by the Council in 2011 which outlined the range and criticality of the interventions considered necessary at that stage.

Funding is provided by my Department through a number of schemes for the conservation and protection of heritage buildings. This funding is either directly administered or delivered through local authorities and certain agencies. On 9 February last, I announced an allocation of €624,000 for the Structures at Risk Fund 2015, to enable conservation works to heritage structures, in both private and public ownership, which are protected under the Planning and Development Acts 2000, as amended, and are deemed to be at significant risk of deterioration. This Fund, which is being administered through the local authorities, encourages the regeneration and reuse of heritage properties and helps to secure the preservation of protected structures, which might otherwise be lost. The Fund, which is now closed, was open to two applications per local authority, of which only one application may be in respect of a publicly-owned building. It is primarily a matter for the local authority to nominate its two applications. Since 2011, in excess of 130 structures have been safeguarded for the future as a result of the Structures at Risk Fund. The operation of a similar scheme in the future would be contingent on dedicated funding being made available to my Department.

The remainder of my Department’s built heritage capital budget for 2015 is focused on the conservation and presentation of the State's heritage portfolio, which is managed by the Office of Public Works.

The Heritage Council, which my Department funds, also provides grants for the protection and preservation of the built heritage. For 2015 the Council administered a community based heritage grants scheme with funding of €547,000 available for projects that contribute to particular heritage themes. While I understand that applications have closed for their 2015 scheme, the Council may be able to advise if the structure would be eligible for funding now or in the future. The Heritage Council’s website is www.heritagecouncil.ie.

Air Services Provision

Questions (1674)

Michael Healy-Rae

Question:

1674. Deputy Michael Healy-Rae asked the Minister for Arts, Heritage and the Gaeltacht if she is satisfied with the decision to replace the existing service on the Aran Islands with a helicopter service; the statistics that were reviewed when making this decision; if the islanders were consulted regarding this matter; and if she will make a statement on the matter. [31340/15]

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Written answers

My position from the outset has been to ensure a continued air service to the Aran Islands, with significant financial support from the Government, in line with EU rules in regard to Public Service Obligation (PSO) air services. On behalf of my Department, the Office of Government Procurement undertook a procurement process to enable my Department to agree a contract for the air service to the Aran Islands for the next 4 years from 1 October 2015 to 30 September 2019. The process was undertaken in full compliance with EU Regulation 1008/2008 which governs PSO air services. The Request for Tenders was open to all types of aircraft as the EU Regulation does not define or limit the category of aircraft to be used to provide such services.

I have met with representatives of the Aran Islands on various occasions to listen to their concerns with regard to the air service.

Firearms Licences

Questions (1675)

Michael Healy-Rae

Question:

1675. Deputy Michael Healy-Rae asked the Minister for Arts, Heritage and the Gaeltacht if she will address a matter (details supplied) regarding the issuing of firearms licences for deer hunting; and if she will make a statement on the matter. [31346/15]

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Written answers

My Department has received some 4,300 applications for deer hunting licences to date in 2015, of which 3,200 applications have been processed. The remaining applications will be processed in the next couple of weeks.

Waterways Issues

Questions (1676)

Eric J. Byrne

Question:

1676. Deputy Eric Byrne asked the Minister for Arts, Heritage and the Gaeltacht her plans to review the no swimming in locks and harbours under the by-law within the Canals Act by-laws of 1988 in view of the fact that there is no penalty for ignoring such signs; and if she will make a statement on the matter. [31419/15]

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Written answers

I have been informed by Waterways Ireland that while it has not determined a need for an associated penalty with this by-law at this time, the matter is being kept under review. I am advised also that the locks, docks and harbours are manned and/or frequently visited by Waterways Ireland Operations and Inspectorate Authorised Officers. Where swimmers are encountered, they are made aware of the by-law provision and the dangers of swimming in or near canal infrastructure and they are requested to remove themselves from the navigation. Such requests are normally acceded to. In the event of persistent offender(s) unwilling to obey direction from Waterways Ireland Authorised Officers, the assistance of An Garda Síochána is sought to remedy the situation.

Natural Heritage Areas Designation

Questions (1677, 1678, 1679)

Finian McGrath

Question:

1677. Deputy Finian McGrath asked the Minister for Arts, Heritage and the Gaeltacht the steps that can be taken by a landowner whose land is designated a natural heritage area or special area of conservation if that person wishes to have that designation lifted, removed or amended; and if she will make a statement on the matter. [31885/15]

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Finian McGrath

Question:

1678. Deputy Finian McGrath asked the Minister for Arts, Heritage and the Gaeltacht the total area of land designated a natural heritage area and the reason for designation on a mountain (details supplied) in County Leitrim. [31887/15]

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Finian McGrath

Question:

1679. Deputy Finian McGrath asked the Minister for Arts, Heritage and the Gaeltacht when named land (details supplied) in County Leitrim was first designated a natural heritage area. [32021/15]

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Written answers

I propose to take Questions Nos. 1677 to 1679, inclusive, together.

Natura 2000 is an EU-wide network of nature protection areas established under the 1992 Habitats Directive. The aim of the network is to assure the long-term survival of Europe's most valuable and threatened species and habitats. It is comprised of special areas of conservation designated by Member States under the Habitats Directive and also incorporates special protection areas under the 1979 Birds Directive. The criteria for selecting sites eligible for identification as sites of community importance and designated as special areas of conservation are set out in Annex III of the Habitats Directive.

The Habitats Directive has been fully transposed into Irish law by means of the Planning and Development (Amendment) Act 2010, as amended, and by the European Communities (Birds and Natural Habitats) Regulations 2011, as amended.

A natural heritage area is considered important for the habitats present or for the species of plants and animals it holds whose habitat needs protection. Natural Heritage Areas are designated under the Wildlife (Amendment) Act 2000 and are legally protected from negative impacts from the date they are formally proposed for designation through a requirement to obtain Ministerial consent before certain potentially damaging activities are undertaken.

Persons, whose interests are affected by a proposed designation and wish to object, must lodge an objection within three months of the advertisement of a proposal to designate a site. All objections must be made in writing and be accompanied by a good quality map with the boundary of the area relating to the objection clearly outlined. Adjustments to boundaries are made only on scientific grounds.

Further information in relation to the site designation process is available on the website of the National Parks and Wildlife Service of my Department at www.npws.ie.

There are currently 155 natural heritage areas. 75 raised bogs, which are located mainly in the midlands, have been given legal protection as natural heritage areas, covering some 23,000 hectares. A further 73 blanket bogs, covering 37,000 hectares, mostly in western areas, are also designated as natural heritage areas. In addition 7 natural heritage areas, identified as of particular importance to birds, have also been designated.

While some natural heritage areas exist entirely or partly within candidate special areas of conservation or special protection areas, pursuant to the EU Nature Directives, my Department estimates that some 45,873 hectares of land is solely designated within natural heritage areas.

In addition, there are 630 proposed natural heritage areas. While a review of these sites is foreseen, this will not take place in the immediate future, having regard to the available resources.

In January 2014, the Review of Raised Bog Natural Heritage Area Network was published and concluded that Ireland could more effectively achieve conservation of threatened raised bog habitat through focused protection and restoration of a reconfigured network. This entails the phasing out of turf-cutting on certain raised bog natural heritage areas by 1 January 2017 and the partial or complete de-designation of certain natural heritage areas. 46 raised bog natural heritage areas (including parts of 7 sites) are scheduled for de-designation. To compensate for the loss of habitat within these sites where it is proposed that turf cutting can continue, 25 undesignated raised bogs, which are in public ownership or where there is reduced turf cutting pressure, will be designated as natural heritage areas. Compensation will be made available to affected turf cutters.

The area of land in County Leitrim, referred to by the Deputy, was initially proposed for designation in January 2004 for the protection of upland blanket bog and has been formally designated as a natural heritage area by Statutory Instrument since 2005 (S.I. 473/2005).

National Monuments

Questions (1680)

Maureen O'Sullivan

Question:

1680. Deputy Maureen O'Sullivan asked the Minister for Arts, Heritage and the Gaeltacht her views on whether the Official Report requires correction in respect of statements made (details supplied) in terms of the Frank Myles-Shaffrey battlefield report on the General Post Office-Moore Street area submitted in support of the chartered land planning application; and if she will make a statement on the matter. [30468/15]

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Written answers

I am satisfied that the Official Report is accurate with regard to the proceedings referred to by the Deputy.

Wildlife Regulations

Questions (1681)

Finian McGrath

Question:

1681. Deputy Finian McGrath asked the Minister for Arts, Heritage and the Gaeltacht if she will examine the issue concerning the noise pollution and over-population of seagulls as they are causing a health and safety issue for the residents of Dublin Bay North; and if she will make a statement on the matter. [30625/15]

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Written answers

All wild birds, including gulls, are protected under the Wildlife Acts 1976 to 2012 and the European Union’s Birds Directive. However, there is a facility under the legislation for a person to obtain a permit, under section 42 of the Wildlife Acts, to take certain actions, including the scaring, capturing or killing of birds, where they are causing serious damage to buildings and other structures, food (including human food products), agricultural crops, forestry plantations, other fauna, etc. Applications for such permits are considered on a case by case basis by my Department. The criteria for licensing do not include noise, however.

The population of herring gulls has greatly declined in Ireland (by about 90%) over the past 40 years, probably due to improvements in managing landfill sites, as well as other factors. Nonetheless, there are substantial numbers in some coastal towns and cities, including north Dublin city and county. Herring gulls can be a nuisance because of noise, mainly in July and early August, and may steal food from people eating outdoors. In the latter case, the easy availability of food sources from litter or feeding by people may be contributing factors to the bird behaviour of concern.

Householders can take steps, outside the breeding season, to make roofs unsuitable for nesting and thereby reduce the presence of gulls.

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