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Tuesday, 1 Dec 2015

Written Answers Nos. 259-280

Departmental Correspondence

Questions (259)

Charlie McConalogue

Question:

259. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when he will issue a final reply (details supplied) to correspondence sent to his office; and if he will make a statement on the matter. [42513/15]

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Written answers

A final reply in relation to the correspondence referred to by the Deputy will issue this week.

GLAS Applications

Questions (260)

Michael Fitzmaurice

Question:

260. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine to set out the number of farmers in hen harrier special protection areas; and the number of these who have entered the green low-carbon agri-environment scheme plus. [42518/15]

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Written answers

There are 3,767 herd numbers with designated lands in the Hen Harrier Special Protection Areas across Ireland. Of these, 1,017 have already been approved for entry to GLAS under Tranche 1, while a further 300 or so applications have queries associated with them and will hopefully be approved into the scheme when these are resolved. I expect significant additional applications from hen harrier farmers under Tranche 2 of GLAS and these will of course receive priority access to the scheme as Tier One candidates.

The calculations determining access to GLAS Plus will only be completed at pre-payment validation stage but it is important to note that in every case where the cost for a farmer of meeting the hen harrier action exceeds €5,000 annually, he or she will automatically qualify for GLAS Plus. A separate application is not necessary.

Special Protection Areas Designation

Questions (261)

Michael Fitzmaurice

Question:

261. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine to set down the number of hectares in hen harrier special protection areas that are commonage land and the number under privately-owned agricultural land for which applications have been made in 2015. [42519/15]

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Written answers

The Minister for Arts, Heritage and the Gaeltacht is responsible in the first instance for the identification of areas important for the Hen Harrier sites, and these may include agricultural and non-agricultural land, as well as privately owned farmland and commonage.

However, the Hen Harrier action in GLAS only applies to privately-owned farmland and therefore this is the only category of land for which my Department maintains detailed records. In the first tranche of GLAS, applications to take the hen harrier action were made on a total area of 25,864 hectares of private land.

The first tranche of GLAS is now closed but we would encourage farmers with hen harrier habitat to apply to join the scheme under the second tranche, which is now open. All farmers with hen harrier habitat will receive priority access to GLAS as Tier One candidates.

Fisheries Protection

Questions (262)

Clare Daly

Question:

262. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine to outline the penalties in place for super trawlers that switch off the automatic identification system such that they are not visible to the public eye in sea boat traffic; and the steps taken to ensure they operate transparently. [42523/15]

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Written answers

Under the CFP, control of the vessel within Ireland’s Exclusive Fisheries Zone is a matter for the Irish control authorities who monitor fishing activity of all vessels operating the area. The Control authorities have on-going information in relation to the vessels operating in the Irish Exclusive Fisheries zone including their activities and characteristics. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature concerning sea fisheries control are, as a matter of law, exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. As Minister, I am precluded from getting involved in operational matters including in relation to law enforcement.

Article 10 of Control Regulation 1224/2009 requires all fishing vessels exceeding 15 meters in overall length to fit and maintain in operation an Automatic Identification System (AIS) which meets the performance standards of the IMO SOLAS Convention.

Monitoring of fishing vessels in the Irish Exclusive Fisheries Zone is undertaken by the Sea Fisheries Protection Authority and the Naval Service using the Fisheries Monitoring Centre which has access to both AIS and VMS data for fishing vessels. The use of AIS positioning data through satellite technology enables vessels to be visible at all times. Public website systems do not have access to the same technology and because of this some vessels’ AIS data will not always be visible on these public websites.

Monitoring of the AIS data for these vessels over the past number of weeks in the Fisheries Monitoring Centre has revealed no instances of non-compliance with the AIS regulations.

Any non-compliances with fisheries regulations in the Irish Exclusive Fisheries Zone will be dealt with under the parameters of the Sea Fisheries and Maritime Jurisdiction Act, 2006.

Agriculture Scheme Payments

Questions (263)

Éamon Ó Cuív

Question:

263. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment under the 2015 area of natural constraints scheme and basic payment scheme will issue to a person (details supplied) in County Cork; the reason for the delay; and if he will make a statement on the matter. [42524/15]

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Written answers

The person named submitted a 2015 Basic Payment/Areas of Natural Constraint Scheme application on 27 May 2015. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.

The application of the person named was selected for a Remote Sensing eligibility inspection. This inspection has now been completed and the results are currently being finalised with the intention of issuing any payments due under the Direct Payments Schemes as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

Animal Disease Controls

Questions (264)

John McGuinness

Question:

264. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if he will consider the personal circumstances surrounding the late registration of calves by a person (details supplied) in County Kilkenny. [42532/15]

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Written answers

The animals in question are registered correctly and the passports have issued in respect of each animal. In this case there are no adverse consequences arising directly from the late registrations with respect to these animals.

Agriculture Scheme Payments

Questions (265)

Éamon Ó Cuív

Question:

265. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payments will issue under the 2015 area of natural constraints scheme, the basic payment scheme and the young farmer and national reserve schemes in respect of a farmer (details supplied) in County Mayo; the reason for the delay in issuing these payments; and if he will make a statement on the matter. [42545/15]

View answer

Written answers

The person named submitted a 2015 Basic Payment/Areas of Natural Constraint Scheme application on 31 March 2015. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on farm inspections, be completed before any payments issue.

The application of the person named was selected for a ground eligibility inspection. This inspection is currently being processed with the intention of issuing any payments due under the Direct Payments Schemes as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

Single Payment Scheme Applications

Questions (266)

Colm Keaveney

Question:

266. Deputy Colm Keaveney asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive a single farm payment; and if he will make a statement on the matter. [42555/15]

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Written answers

An application under the Basic Payment Scheme was received in my Department from the person named on 30 March, 2015. The advance payment under the Scheme has issued to the person named, and arrangements are now in place to issue the balancing payment directly to his nominated bank account.

Ash Dieback Threat

Questions (267)

Brian Stanley

Question:

267. Deputy Brian Stanley asked the Minister for Agriculture, Food and the Marine to set out the status of ash tree disease given that nurseries are awaiting replies from his Department. [42556/15]

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Written answers

My Department has been engaged in a number of actions in combatting the ash dieback disease during the course of 2015. This has included a large scale systematic and targeted survey of forests, nurseries, hedgerows, agricultural environmental schemes and roadside plantings across the whole of the country which commenced at the beginning of July. The field element, laboratory testing, and analysis have recently been finalised and the outcomes of the survey and other work are currently being assessed.

In addition, a review of policy in relation to the disease is being carried out by my Department in co-operation with colleagues in DARD in Northern Ireland following the outcome of the summer surveys.

Preliminary results show that due to the high number of findings of ash dieback, especially in native hedgerows, Ireland would not be in a position to apply to the EU for Protected Zone status for the disease. The possibility of removing the embargo on ash sales under a plant passport system for nurseries, for plants which have been free of the disease for at least two years, is being considered.

GLAS Applications

Questions (268)

Brendan Griffin

Question:

268. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision on an application under the green low-carbon agri-environment scheme by a person (details supplied) in County Kerry will be reviewed, given a clerical error on the application; and if he will make a statement on the matter. [42578/15]

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Written answers

The applicant concerned failed to meet the minimum score as set out in the Green Low-carbon Agri-environment Scheme (GLAS) Terms and Conditions. The applicant’s Advisor appealed this decision on their behalf, claiming a clerical error when entering their application.

My Department officials have replied to this appeal, to both the Advisor and the applicant, upholding the original decision on the application. The person now has the option of appealing to the Agriculture Appeals Office or submitting an application for GLAS Tranche 2.

GLAS Appeals

Questions (269)

Brendan Griffin

Question:

269. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision on an application under the green low-carbon agri-environment scheme by a person (details supplied) in County Kerry will be reviewed, given a clerical error on the application; and if he will make a statement on the matter. [42584/15]

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Written answers

The applicant concerned failed to meet the minimum score as set out in the Green Low-carbon Agri-environment Scheme (GLAS) Terms and Conditions. The applicant’s Advisor appealed this decision on their behalf, claiming a clerical error when entering their application.

My Department officials have replied to this appeal, to both the Advisor and the applicant, upholding the original decision on the application. The person now has the option of appealing to the Agriculture Appeals Office or submitting an application for GLAS Tranche 2.

Agri-Environment Options Scheme Eligibility

Questions (270)

Joe Carey

Question:

270. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine how he determines that amounts claimed by a participant in the agri-environment options scheme for non-productive capital costs associated with tree planting are in excess of verified costs when the management standard, as per the scheme's guidelines, give a figure of €62.70 per tree; if he will provide a breakdown of this figure; and if he will make a statement on the matter. [42588/15]

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Written answers

The maximum payment that is eligible for reimbursement per unit (tree) under the AEOS non-productive capital investment action is €62.70. This figure is compiled from all the costs that can be associated with delivering the Action of planting trees, including the purchase of the trees (with purchase price depending on size, age etc.), the labour to plant the trees and all the associated cost that may be incurred, including the purchase of tree supports, fencing of the area and so on.

The rules around the verification of claims is set out in EU Regulation 65/2011. Claims received for payment must be accompanied by invoices for the purchase of trees and other goods and must have been endorsed as paid by the supplier of the goods. The Department may seek supporting documentation from claimants, such as copies of cashed cheques or other documentation that may be available. The requirement to assess the reasonableness of the costs claimed and the reality of the expenditure is also set out in the Regulation. The key issue is that only the actual amount paid by the participant for the approved number of units of the Action can be claimed.

Beef Data and Genomics Programme

Questions (271)

John O'Mahony

Question:

271. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive payment under the beef genomics scheme for 2014; and if he will make a statement on the matter. [42589/15]

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Written answers

The person named applied to participate in the 2014 Beef Genomics Scheme on the 31 March 2014. Under the Terms and Conditions of the scheme applicants were required to tissue sample 15% of the animals in his/her herd.

The person named was issued with 5 tissue tags for sampling purposes by the Irish Cattle Breeding Federation. The person named only returned 3 tissue samples to the Irish Cattle Breeding Federation. As the person named did not comply fully with the Terms and Conditions of the 2014 Beef Genomics Scheme no payment is due.

Agri-Environment Options Scheme Conditions

Questions (272)

Joe Carey

Question:

272. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine to set out the number of on-site farm visits carried out in respect of the 400 farmers involved in the non-productive capital investment action associated with the agri-environment options scheme; and if he will make a statement on the matter. [42591/15]

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Written answers

Under the EU Regulations, there is a requirement on my Department to undertake a minimum inspection rate of 5% of participants in the Agri-Environment Options Scheme. In this case, I take it the Deputy is asking about the 400 or so farmers that my Department wrote to seeking verification of invoices that they had submitted as part of their non-productive capital investment claim under the Scheme.

111 inspections have taken place to date in respect of 96 of the participants involved in the invoice review.

Single Payment Scheme Applications

Questions (273)

Áine Collins

Question:

273. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine when a single payment will issue to a person (details supplied). [42616/15]

View answer

Written answers

An application under the 2015 Basic Payment Scheme was received from the person named on 1 May, 2015. Processing of this application has recently been finalised and payment will issue shortly to the nominated bank account of the person named.

Disadvantaged Areas Scheme Payments

Questions (274)

Charlie McConalogue

Question:

274. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when a disadvantaged areas payment 2015 will issue to a person (details supplied) in County Donegal; and if he will make a statement on the matter. [42619/15]

View answer

Written answers

An application under the 2015 Basic Payment/Areas of Natural Constraint Scheme was received from the person named on 28 May 2015. Payment under the Areas of Natural Constraints Scheme has not issued to the person named as, at this stage, the holding concerned has not satisfied the Scheme’s minimum stocking density requirements.

Eligible applicants are required to have met a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months and to maintain an annual average of 0.15 livestock units calculated over the twelve months of the scheme year. As the person named is an new entrant to farming in 2015, the annual average requirement will be calculated from the commencement date of their herd number. Once the holding concerned is confirmed as having met the relevant requirements, the case will be further processed with a view to payment issuing to the person named at the earliest possible date thereafter, provided all other Scheme requirements have been satisfied.

Fisheries Protection

Questions (275, 296)

Clare Daly

Question:

275. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will put an observer on any vessel fishing in the exclusive economic zone, under the Law of the Sea to which Ireland is a party; when he last put an observer on a super-trawler, and, if not, to set out the reason. [42632/15]

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Clare Daly

Question:

296. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if an observer scheme is operational on Irish pelagic vessels and if, at the forthcoming fisheries negotiation, he will call on the European Union to make resources available to flag ships of member states to ensure they have observers on board when they enter Ireland's fishery zone to monitor the catch and to protect Ireland's marine resources; and if he will make a statement on the matter. [42941/15]

View answer

Written answers

I propose to take Questions Nos. 275 and 296 together.

The Common Fisheries Policy (CFP) is the fisheries policy of the EU. It is a set of rules for managing EU fishing fleets and for conserving stocks. The CFP operates within the international framework of the Law of the Sea.

Control of the vessel within Ireland’s Exclusive Fisheries Zone is a matter for the Irish control authorities who monitor fishing activity of all vessels operating the area. The Control authorities have on-going information in relation to the vessels operating in the Irish Exclusive Fisheries zone including their activities and characteristics. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature concerning sea fisheries control are, as a matter of law, exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. As Minister, I am precluded from getting involved in operational matters including in relation to law enforcement.

In relation to the overall framework for fisheries control in the EU, in October 2009 a new regulation dealing with fisheries controls was adopted. Council Regulation 1224/2009 establishes a Community control system for ensuring compliance with the rules of the common fisheries policy. Control and inspection is now focused where it is most effective through an approach based on systematic risk analysis. Inspection procedures are standardised and harmonised for all stages in the market chain, including transport and marketing. The Control Regulations were introduced so that there is a common EU level playing field and to provide for an effective range of controls across EU waters.

One of the key elements of the reformed Common Fisheries Policy is the introduction of a phased ban on the discarding of unwanted fish catches. The first part of the landing obligation, the ban on discarding pelagic stocks such as herring and mackerel, came into effect on 1 January 2015. The EU Commission adopted a Delegated Regulation (EU) No 1393/2014 on 20 October 2014 which implements a discard plan for certain pelagic fisheries in north-western waters in line with the recommendation of the North West Waters Member States Group.

A Control Experts Group from the North West Waters Regional Group of Member States has been set up and has produced a draft set of recommendations on additional control measures for the pelagic sector in respect of the landing obligation in pelagic fisheries. The views of the Pelagic Advisory Council in accordance with article 18 of the CFP basic regulation (EU No 1380/2013) on the recommendations have been received and will be fully considered.

The draft recommendations are being considered by the NWW Member States Group. The measures recommended by the Control experts cover a range of actions including the use of cameras or other remote sensing equipment on all large pelagic vessels, both freezer vessels and our own RSW (Refrigerated Seawater Tank vessels) to support the landing obligation. It also recommends control observers “for individual trips to address dynamically - assessed risks of a more transient nature.” It is important to note that the flag Member State would be responsible for placing control observers on its vessels and funding is a matter for each Member State. I consider that any strengthened control measures must provide tools to both the flag Member State and the coastal Member State to better monitor and control fishing activities. We will continue to work closely with the North Western Waters Member States to identify the control actions that are most useful so that the landing obligation is fully respected.

Harbours and Piers Maintenance

Questions (276)

Thomas P. Broughan

Question:

276. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine if he will report on the urgent need for dredging Howth Harbour in County Dublin; when dredging will commence; the estimated cost of the regular dredging and upkeep of the harbour; if dredging of the harbour is included in the 2016 capital Estimates or in the 2016 to 2018 capital envelope; and if he will make a statement on the matter. [42661/15]

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Written answers

Howth Fishery Harbour Centre is one of the six designated Fishery Harbour Centres which are owned, managed and maintained by my Department under Statute.

While first and foremost a working fishery harbour, Howth, similar to the other five Fishery Harbour Centres, has its own unique features and is home to a broad range of diverse economic and social activities.

I am happy to advise the Deputy that, notwithstanding the prevailing economic environment in which we operate, in excess of €4.2 million has been invested in maintenance, development and upgrading works at Howth FHC as part of my Department’s Fishery Harbour and Coastal Infrastructure Development Programme from 2011 to 2014.

For 2015, I approved funding of €1.79 million for the maintenance and development of Howth Fishery Harbour Centre. As part of that programme, I sanctioned €150,000 for site investigation works at Howth Fishery Harbour Centre, the report on this site investigation will include vital information on the nature of the material to be dredged in any future dredging project. It is anticipated that the Report on the Site Investigation will be issued in early 2016. This information is necessary for the preparation of a Dumping at Sea licence application which will be required before any dredging project can commence.

The information from the report is also necessary before an informed estimate of the cost of a dredging project in Howth can be made. As with all other developments in the six Fishery Harbour Centres, a dredging project at Howth Fishery Harbour Centre will be considered under future Capital Programmes on the basis of available exchequer funding and competing priorities.

I am considering the suite of projects for inclusion in the 2016 programme, in addition to commitments on possible longer term projects and I will make an announcement on these issues in due course.

Ash Dieback Threat

Questions (277)

Emmet Stagg

Question:

277. Deputy Emmet Stagg asked the Minister for Agriculture, Food and the Marine to explain the reason for the delay in responding to the concerns of a person (details supplied); and if he will issue a reply. [42662/15]

View answer

Written answers

In response to representations in July, the Minister of State with responsibility for Food, Forestry Horticulture and Food Safety replied in August 2015 to the person referred to in your question, setting out the actions already taken and that were proposed for the remainder of 2015 in combatting the ash dieback disease. This included a large scale systematic and wider targeted survey of forests, nurseries, hedgerows, agricultural environmental schemes and roadside plantings across the whole of the country which commenced at the beginning of July. The field element, laboratory testing, and analysis have recently been finalised and the outcomes of the survey and other work are currently being assessed.

In addition, a review of policy in relation to the disease is being carried out by my Department in co-operation with colleagues in DARD in Northern Ireland following the outcome of the summer surveys.

Preliminary results show that due to the high number of findings of ash dieback, especially in native hedgerows, Ireland would not be in a position to apply to the EU for Protected Zone status for the disease. My officials met a delegation from the IFA including the person referred to in your question on 18 November. At that meeting the Department provided a detailed update on the situation of the disease in the country. The possibility of removing the embargo on ash sales under a plant passport system for nurseries, for plants which have been free of the disease for at least two years, is being considered.

Agri-Environment Options Scheme Payments

Questions (278)

Michelle Mulherin

Question:

278. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine to explain the reason for the delay in issuing payment under the agri-environment options scheme to a person (details supplied) in County Mayo; if it will be expedited due to the financial hardship this is causing; and if he will make a statement on the matter. [42668/15]

View answer

Written answers

My Department is currently examining approximately 400 cases that submitted invoices from one particular company to verify and support claims under the non-productive capital investment action of AEOS. It is known that in some cases the invoices submitted were for amounts different to those actually paid by the participants.

Funding provided under the scheme comes partly from the EU and partly from the National Exchequer. There is a requirement and obligation to ensure that the expenditure claimed by scheme participants reflects the reality of what took place. For that reason my Department wrote to participants requesting alternative proof that the amounts claimed were in fact the amounts paid.

The person named above was written to on 30 September 2014 regarding the non-productive capital investment claim that they had submitted. This letter requested the submission of alternative verifiable proof to support one of the invoices that was included in the claim for expenditure incurred. A reply to this letter was received on 22 October 2014. No alternative evidence was included in the reply.

A further letter issued on 18 June 2015 requesting, once again, the submission of alternative verifiable proof. No reply was received and the person concerned was contacted by an official of my Department. As requested by the person named, my Department reissued the letter of 18 June 2015 on 16 September. To-date no reply has been received to this letter.

Basic Payment Scheme Payments

Questions (279)

Éamon Ó Cuív

Question:

279. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment will issue under the 2015 basic payment scheme to a person (details supplied) in County Galway; the reason for the delay; and if he will make a statement on the matter. [42704/15]

View answer

Written answers

My Department was required to issue a letter to the person named and to the personal legal representative of the deceased former holder of the herd number shown advising that the Department had processed an application for the transfer of Single Payment Entitlements to the person named by way of inheritance under the Single Payment Scheme. The purpose of my Department’s letter to the person named was to establish if these inherited entitlements were transferred with or without land. This information was required in order to assist in the introduction of the new Basic Payment Scheme in 2015.

My Department has now processed the information provided by the person named and payment under the Basic Payment Scheme will issue shortly.

Harbours and Piers Maintenance

Questions (280)

John Perry

Question:

280. Deputy John Perry asked the Minister for Agriculture, Food and the Marine if he will provide a clear direction to the local authority with regards to the replacement or maintenance of an existing winch which was damaged by the storms in 2010 at Aughris Pier in west Sligo, in view of health and safety; and if he will make a statement on the matter. [42705/15]

View answer

Written answers

Aughris Pier is owned by Sligo County Council and responsibility for the maintenance and development of the pier rests with that local authority in the first instance and its parent Department, the Department of the Environment, Community and Local Government.

My Department, however, provides funding for the development and repair of local authority owned piers, harbours and slipways under the annual Fishery Harbour and Coastal Infrastructure Development Programme subject to available Exchequer funding and overall national priorities.

My Department did receive an application for works at Aughris Pier from Sligo County Council under the 2015 Fishery Harbour and Coastal Infrastructure Development Programme. The works include repair to old concrete pier, underpinning, wall repairs and grouting works and winch house repairs.

I am happy to confirm to the Deputy that funding of €53,250 has been approved for Aughris Pier under this Programme for these purposes.

Any application submitted by Sligo County Council in respect of Aughris Pier under a future Local Authority capital programme will be given consideration in the context of the criteria set out, available Exchequer funding and overall national priorities.

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