Written Answers Nos. 276-290
276. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine if he is considering measures to examine the issue of near-cost or below-cost selling of food produce; if he has examined how other states such as Germany and the United Kingdom tackle this issue; and if he will make a statement on the matter. [20321/16]
View answerRetail legislation is a matter for my colleague, the Minister for Jobs, Enterprise and Innovation.
The Grocery Goods Undertakings Regulations, 2016 signed by the Minister for Jobs, Enterprise and Innovation, and which entered into force on 30 April 2016, introduced a number of requirements including written contracts, payment to suppliers within 30 days except where otherwise provided in a contract, submission of an annual compliance report to the Competition and Consumer Protection Commission and enforcement provisions. The Regulations apply to grocery goods retailers and wholesalers with an annual worldwide turnover of more than €50 million. I will be very interested to see the impact they have in their first year.
277. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the restrictions he has placed on an application by a person (details supplied) under the green low-carbon agri-environment scheme; how these impact monetarily on the person; his plans to deal with this in general terms; and if he will make a statement on the matter. [20417/16]
View answerThe person named has been approved under Tranche 2 of GLAS with a contract start date of 1 January 2016.
My Department has not placed any restrictions on participants in the GLAS Schemes, however the actions available under the scheme are bound by specific requirements. GLAS is a voluntary scheme and details of the scheme were made available in advance of the scheme being launched giving clients appropriate time to decide if the scheme was suitable to them or not.
The Hen Harrier action as selected by the person named is a Tier one environmental asset and secured priority access to the Scheme for the person named. The rate of payment for the Hen Harrier action is €370 per hectare and this rate is based on the additional costs involved in protecting and enhancing the habitat, and the income foregone as a direct result of that.
278. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 173 of 24 April 2016, the status of the case, given correspondence (details supplied) received from the Department of Arts, Heritage and the Gaeltacht; and if he will make a statement on the matter. [20419/16]
View answerThe designation of areas under the Birds and Habitats Directives is a matter in the first instance for the Department of Arts, Heritage and the Gaeltacht. My Department has recently received revised datasets from the Department of Arts, Heritage and the Gaeltacht, which are currently being reviewed by officials in my Department.
Any updates or revised designations will be incorporated into the GLAS online system in advance of GLAS 3 being launched.
279. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of the knowledge transfer programme; and if he will make a statement on the matter. [20171/16]
View answerKnowledge Transfer Groups are currently being rolled out as part of the range of supports and measures contained in Ireland’s Rural Development Programme (RDP), 2014-2020. The terms and conditions for the Scheme set out a required group size of 12 – 18 participants and a maximum number of 5 groups per facilitator. Maintaining the required group size and the maximum number of Knowledge Transfer Groups per facilitator is designed to underpin a more effective group interaction and to facilitate the delivery of the individualised Farm Improvement Plans which each farmer must develop with his facilitator as part of the Scheme.
My officials have examined our records in relation to the group names provided, and I note that the facilitator in question has registered the maximum number of Knowledge Transfer Groups. I have asked my officials to examine this case.
280. Deputy Kevin O'Keeffe asked the Minister for Agriculture, Food and the Marine his proposals to raise the investment ceiling under the targeted agricultural modernisation scheme 2 from €80,000 to €300,000 in view of the complex nature of pig units and the overall costs involved in carrying out the appropriate works. [20200/16]
View answerThere are no plans currently to increase the ceiling in the Pig and Poultry Investment Scheme of TAMS II from €80,000. Any increase in this ceiling would require a formal amendment to the Rural Development Plan and approval from the European Commission.
281. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine the number of transfer of entitlement cases held up, not completed due to suspension; the reason there is a suspension; if it is the case that this suspension is in place since May 2016; and when the suspension will be lifted (details supplied). [20222/16]
View answerUnder EU Regulations governing the Basic Payment Scheme Member States were obliged to definitively establish Entitlements for all farmers prior to 31 May 2016. In this regard the definitive establishment of Entitlements was completed for 127,000 farmers in Ireland on 31st May 2016. In order to definitively establish Entitlements for a farmer all their Transfer of Entitlement applications must be processed to completion. In a small number of cases, 106 in total, it was not possible to complete a Transfer of Entitlements application by the May deadline, mainly due to outstanding documentary evidence pertaining to the Transfer.
Following the definitive establishment of Entitlements clarification was required from the EU Commission regarding the methodology for processing remaining Entitlement related applications including Transfer cases. This clarification has now been received and arrangements are being made to process the remaining Transfer applications as soon as possible.
282. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 521 of 24 May 2016 when he will issue payment; and if he will make a statement on the matter. [20226/16]
View answerThe person named commenced their AEOS contract on 1 May 2015. Payments have issued in respect of the 2013-2015 Scheme years.
Payments are issued on a yearly basis following a comprehensive administrative check, including cross-checks with the Land Parcel Identification System. These checks take place in the last quarter of each year, and the 2016 scheme payment will be processed once these checks are finalised.
283. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine if there are further options to seek a review or appeal of a decision by a person (details supplied); and if he will make a statement on the matter. [20261/16]
View answerThe person named commenced their AEOS 1 Contract on 1 September 2010 for the contract period from 1 September 2010 to 31 December 2015. Payment issued in respect of 2010-2014 Scheme years.
Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System must take place. During this check issues arose in respect of a parcel of Wild Bird Cover which was not declared as such for the full term of the contract. Recoupment was sought for all payments made on this action.
The person named has been advised of their right to appeal this decision to the Agriculture Appeals Office.
284. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when he will issue payment under the basic payment scheme to a person (details supplied); when the person will be allocated the top-up of entitlements from the national reserve; the reason for the delay in making the payment and awarding the entitlements; and if he will make a statement on the matter. [20281/16]
View answerThe person named submitted an application under the ‘Old Young Farmer’ category of the 2015 National Reserve. The application was not successful as the applicant was deemed to have commenced farming outside the eligible time frame for the ‘Old Young Farmer’ category. The applicant was notified in writing of this decision and was offered the opportunity to submit an appeal. My Department received an appeal from the person named. This appeal has been considered on the basis of the information set out by the person named and has been successful. The person named has been notified of this outcome in writing and payment is due to issue shortly.
285. Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine the number of staff dedicated to managing Ireland's response to the decision of the United Kingdom to exit the European Union; the structure of this team; how it will work with teams in other Departments; who has overall responsibility; and if he will make a statement on the matter. [20295/16]
View answerA dedicated unit has been established within my Department’s EU and International Trade Division to plan and coordinate the Department’s response to the decision of the United Kingdom to leave the European Union. Initially comprised of three people, including the Head of the Division, the Unit reports to the relevant Assistant Secretary General. The Unit will also draw on expertise from all parts of the Department and its agencies. It inputs to the Government’s central Contingency Framework co-ordinated by the Department of the Taoiseach, and co-ordinates the work of the Consultative Committee that I recently established to ensure a full exchange of information between stakeholders, as well as co-ordinating the work of the contact group of state agencies recently established by the Food Wise 2025 High Level Implementation Committee.
The unit is currently consolidating the work already undertaken in identifying the main challenges presented by a UK decision to leave the EU with a view to prioritising the key issues of relevance to the Irish agrifood sector that will have to be addressed during the exit negotiations. These negotiations may not commence for some time, but when they do, and when the likely nature of the post-exit relationship between the EU and the UK begins to become clearer, the unit may be expanded as required.
286. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine to provide, per annum, all external consultant reports commissioned by his Department since March 2011, in tabular form; the costs per report; the company involved; the title of the report and the publication date. [20339/16]
View answerThe information requested by the Deputy is provided in the following table. Some of the reports outlined are mandatory in the context of EU obligations.
2011: March- December
|
Company |
Title of Report |
Date or Expected Date of Publication |
Costs € |
|
University College Dublin |
Evaluation of the EU School Fruit Scheme/Food Dude Programme in Ireland 2011 - Commission Regulation 288 of 2009 |
10 January 2012 |
4,500 |
|
University College Dublin |
EU School Fruit Scheme/Food Dude Programme in Ireland – A review of evaluations completed to date - Commission Regulation 288 of 2009 |
6 February 2012 |
6,388 |
|
Drima Marketing Ltd |
Joint Forest Sector Questionnaire (JSFO) 2010 Joint Wood Energy Enquiry (JWEE) 2010 Market Report for Ireland for the Timber Committee 2010 |
May 2011 January 2012 Sept 2011 |
12,792 |
|
Rockwell Automation |
Hazard and Operability Study |
13 December 2011 |
3,740 |
|
Fitzpatrick Associates |
Interm Evaluation, of 2007-2013 SDP |
3 June 2011 |
39,325 |
|
Brendan Riordan, Research Economist |
The Net Contribution of the Agri-Food Sector to the Inflow of Funds into Ireland: a New Estimate |
23 July 2012 |
6,000 |
|
Accenture |
An analysis of an internal review of procurement. |
Not for external publication. |
Work done on a pro-bono basis |
|
Accenture |
An examination of the opportunities and capacity for further shared services between the Department and its non-commercial state agencies. |
Not for external publication. |
Work done on a pro-bono basis |
|
Accenture |
A review of the Department’s role in regulating meat plants |
Not for external publication. |
Work done on a pro-bono basis |
|
KPMG |
An examination of the administration of the Single Payment Scheme. |
13 October 2011 |
Work done on a pro-bono basis |
|
Fitzmaurice Tingle Ltd. |
Refrigeration Consultancy on 6 Fishery Harbour Centre Sites |
Not for external Publication |
3,505 |
|
Brian Scott |
Port Security Assessment- Castletownbere Fishery Harbour Centre |
Not for external Publication |
4,680 |
|
Deloitte Ireland |
To examine recommendations of the Report of the Review Group on State Assets and Liabilities as applicable to be this Department to value the assets referred to and to make a series of recommendations. For internal Departmental information |
Not for external publication |
Work done on a pro-bono basis |
|
Michael Dowling |
Beef 2020 Activation Group: Growing the Beef Sector |
June 2011 – for input into FH 2020 Committee |
10,000 |
|
Stiofan Nutty |
Report on the Development of Ireland’s Organic Industry and an Organic and an Irish Organic Trade Board. |
For internal Departmental information Not for external publication |
29,040 |
|
Briggs Environmental Services |
Oil Spill Contingency Plans |
Not for external Publication |
4,424 |
|
Deloitte Ireland |
Department of Agriculture, Food and the Marine – Annual Accounts Certification. Required by EU Legislation. |
Not for external publication. |
509,830 |
2012: January- December
|
Company |
Title of Report |
Date or Expected Date of Publication |
Costs € |
|
Drima Marketing Ltd |
Joint Forest Sector Questionnaire (JSFO) 2011 Joint Wood Energy Enquiry (JWEE) 2011 Market Report for Ireland for the Timber Committee 2011) |
May 2012, 3 July 2012 Sept 2012 |
12,792 |
|
Irish Equine Centre |
Demographic study on the unwanted horse population in Ireland |
March 2012 |
10,000 |
|
Indecon |
Review of certain aspects of the Irish Horse Racing Industry |
20 July 2012 |
59,225 |
|
CMG Crime Management Ltd |
ISPS Port Security Plan- Castletownbere Fishery Harbour Centre |
Not for external Publication |
3,198 |
|
Philip Farrelly & Co. Ltd |
Food Harvest 2020 – Environmental Analysis Report |
January 2014 |
229,610 |
|
Team BDS |
Lean Review of the Meat Inspection Service |
16 December 2013 |
98,597 |
|
Compass Informatics Ltd |
Independent specialist review of all Geographical Information based computer systems in the Department, carried out as part of the effective and efficient administration of the Department’s EU Common Agricultural Policy (CAP) based payment schemes. |
Not for external publication. |
16,254 |
|
Deloitte Ireland |
Department of Agriculture, Food and the Marine – Annual Accounts Certification. Requirement of EU Legislation. |
Not for external publication |
514,169 |
2013: January- December
|
Company |
Title of Report |
Date or Expected Date of Publication |
Costs € |
|
Norfolk Marine |
Survey works report to Killybegs Fishery Harbour Centre |
Not for external Publication |
10,828 |
|
Brian Scott |
Port Facility Review, Killybegs |
Not for external Publication |
1,200 |
|
Drima Marketing Ltd |
Joint Forest Sector Questionnaire (JSFO) 2012 Joint Wood Energy Enquiry (JWEE) 2012 Market Report for Ireland for the UNECE Timber Committee 2012) |
May 2013 July 2013 October 2013 |
11,400 |
|
Fitzpatrick Associates Economic Consultants |
Ex Ante Evaluation, Strategic Environmental Assessment and Appropriate Assessment of the 2014 – 2020 Rural Development Programme |
July 2015 |
48,401 |
|
Judith A Annett Countryside Consultancy |
Irish Deer Management Policy Vision |
Not for external publication |
2,500 |
|
Forest Solutions |
NPV and IRR analysis for New afforestation scheme |
Not for external publication |
1,968 |
|
Deloitte Ireland |
Department of Agriculture, Food and the Marine Annual Accounts Certification. Requirement of EU legislation |
Not for external publication |
468,277 |
2014: January- December
|
Company |
Title of Report |
Date or expected Date of Publication |
Cost |
|
Indecon |
Review of certain matters relating to Bord na gCon |
7 July 2014 |
60,885 |
|
Deloitte |
Department of Agriculture, Food and the Marine -Annual Accounts Certification as required by EU legislation |
Not for external publication |
452,699 |
|
RSM McClure Watters |
Ex Ante Evaluation, SEA and AA of Seafood Development Programme 2014-2020 |
24 June 2015 |
64,083 |
|
NTA Monitor Ltd |
Independent assessments of the Department’s IT security measures and security review of the Department’s infrastructure. Required for EU accreditation purposes. |
Not for external publication. |
18,382 |
|
Drima Marketing Ltd |
Joint Forest Sector Questionnaire (JSFO) 2013 Joint Wood Energy Enquiry (JWEE) 2013 Market Report for Ireland for the Timber Committee 2013 |
Joint Forest Sector Questionnaire- completed May 2014 and submitted to the EUROSTAT/FAO Joint Wood Energy Enquiry (JWEE) 2013- published as part of COFORD Woodflow 2013 in July 2014 UNECE report - was completed September/October 2014 for submission to the UNECE Committee on Forests and the Forest industry. |
11,780 |
|
RSM McClure Watters (Consulting) |
Ex Ante Evaluation Strategic Environmental Assessment and Appropriate Assessment of 2014-2020 Forestry |
Published in 2014 as part of the consultative process on the new Forestry programme |
97,508 |
|
Forest Solutions |
NPV and IRR analysis for new forestry for Fibre scheme |
Was not specifically published but formed part of the deliberative and consultative process on the new Forestry programme |
2,214 |
|
Forest Solutions |
Cost Benefit Analysis- Forest Roads Programme 2014-2020 |
Was not specifically published but formed part of the deliberative and consultative process on the new Forestry programme |
2,952 |
|
Freshwater Bivalve Investigations Freshwater Bivalve Investigations |
Site Assessment of the River Lickey Site Assessment of the River Lickey |
Not for external publication Not for external publication |
5,040 2,769 |
|
Occupational Physiotherapy Solutions |
To conduct an ergonomic assessment of tasks in Cork Blood Testing Laboratory. Internal use only. |
Not for external publication |
1,347 |
|
Crime Management Services Ltd |
ISPS Port Security Assessment: Castletownbere FHC |
Not for external Publication |
4,735 |
|
Crime Management Services Ltd |
ISPS Port Security Assessment: Killybegs FHC |
Not for external Publication |
4,735 |
|
Fitzpatrick Associates |
RDP 2014-2020 Ex Ante. Evaluation Strategic Environmental Assessment & Appropriate Assessment |
June 2014 |
48,401 |
2015: January- December
|
Company |
Title of Report |
Date or expected Date of Publication |
Cost € |
|
Philip Farrelly & Co |
Agri-Food Strategy 2025. Environmental Analysis Report (Provisional Title) |
December 2015 |
89,790 |
|
Deloitte |
Department of Agriculture, Food and the Marine -Annual Accounts Certification as required by EU legislation |
Not for external publication |
137,111 |
|
BDO |
Department of Agriculture, Food and the Marine -Annual Accounts Certification. |
Not for publication. Report is a requirement of EU Legislation. |
381,743 |
|
NTA Monitor Ltd |
Independent assessments of the Department’s IT security measures and security review of the Department’s infrastructure. Required for EU accreditation purposes |
Not for external publication. |
16,279 |
|
Fitzpatrick Associates |
RDP 2014-2020 Ex Ante. Evaluation Strategic Environmental Assessment & Appropriate Assessment |
July 2015 |
50,130 |
|
Drima Marketing Ltd |
Joint Forest Sector Questionnaire (JSFO) 2014 Joint Wood Energy Enquiry (JWEE) 2014 Market Report for Ireland for the Timber Committee 2013 |
May 2015 Joint Wood Energy Enquiry (JWEE) 2014- published as part of COFORD Woodflow note. Sept/Oct 2015 |
12,398 |
|
Bearing Point |
Technical code review of the Animal Health and Welfare System |
Q1 2016 Not for external publication. |
126,198 |
|
Deloitte |
Technical code review of the Integrated Fisheries System |
Q1 2016 Not for external publication. |
79,827 |
|
NTA Monitor Ltd |
Independent assessments of the Department’s IT security measures and security review of the Department’s infrastructure. Required for EU accreditation purposes |
Not for external publication. |
35,611 |
|
Capt. Alan Coghlan |
Draft Report on the use of Tugs and Associated Pilotage at Killybegs Fishery Harbour Centre |
Not for external publication |
4,800 |
|
CMG Crime Management Ltd |
ISPS Port Security Plan: Killybegs FHC |
Not for external Publication |
4,245 |
|
CMG Crime Management Ltd |
Port Security Plan: Killybegs FHC |
Not for external Publication |
4,362 |
|
Martin Heraghty |
Confidential Report to Minister for Agriculture, Food and the Marine. Commercial Mushroom Producers (CMP) participation as a Producer Organisation in the Fruit and Vegetable Producer Organisation Scheme |
21 September 2015 |
2,000 |
|
Dr. Claire Sansford, Independent Plant Health Consultant, York, UK. |
Revised assessment of the risk of spread of Hymenoscyphus fraxineus on untreated wood of ash (Fraxinus spp., particularly Fraxinus excelsior). |
4 September 2015 Published on the DAFM website in January 2016 |
18,691 |
|
McCarthy Keville O’Sullivan |
Strategic Environmental Assessment (SEA) and Appropriate Assessment (AA) of Freshwater Pearl Mussel Plan for Ireland |
27 May 2016 |
54,710 |
|
ADAS UK lTD |
An Evaluation of the Green Low –Carbon Agri-Environment Scheme (GLAS) |
2021 |
1, 500,000 |
|
Smith Carter |
Structural Report on Amelioration Works |
Commissioned in December 2015. Not for Publication |
27,060 |
|
Presidion |
Aim Calf Survival Herd of Origin Deliverables Report |
Commissioned in December 2015. Completion February 2016 |
4,500 |
|
Gavin & Doherty Geosolutions Ltd |
Longford Slope Stability Appraisal |
Not for external Publication |
29,446 |
|
Clare Mulligan Consulting |
DAFM Culture and Gender Review |
Not for external Publication |
18,000 |
2016: January - To Date
|
Company |
Title of Report |
Date or expected Date of Publication |
Cost € |
|
NTA Monitor Ltd |
Independent assessments of the Department’s IT security measures and security review of the Department’s infrastructure. Required for EU accreditation purposes |
Not for external publication |
12,694 |
|
NTA Monitor Ltd |
Independent web application testing |
Not for external publication |
4,133 |
|
Indecon International Economic Consultants |
Ex-Post Evaluation of the 2007-2013 Rural Development Programme |
November 2016 |
146,997 |
|
University College Dublin |
Evaluation of the Food Dudes Healthy Eating Programme (implementing EU School Fruit & Vegetables Scheme) |
January 2017 |
84,235 |
|
BDO |
Department of Agriculture, Food and the Marine -Annual Accounts Certification. |
Not for publication. Report is a requirement of EU Legislation. |
49,200 |
|
PEFC (Ireland) Ltd (Programme for the Endorsement of Forest Certification) |
Pilot Project on Group Certification |
July 2016 |
2,500 |
|
Henry Philips |
Roundwood Production Forecast 2016-2035 Assessment of the impact of forest felling age on overall financial return to forest owners |
On web Q1 2016 Print Q3 2016 Commissioned March 2016 Completion Q4 |
12,000 46,800 |
|
Drima Marketing Ltd |
Joint Forest Sector Questionnaire (JSFO) 2015 Joint Wood Energy Enquiry (JWEE) 2015 Market Report for Ireland for the UNECE Timber Committee |
May 2016 Joint Wood Energy Enquiry (JWEE) 2015- published as part of COFORD Woodflow note. Expected date of publication July 2016. October 2016 |
14,071 |
287. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine the total photography costs per annum for his Department since coming to office inclusive of costs incurred from use of the ministerial allowance, in tabular form; the list of occasions for which photographers were booked; the photographers used; the breakdown of costs associated with each occasion that a photographer was used; if there is a policy regarding the booking of photographers within his Department;; and if he will make a statement on the matter. [20369/16]
View answerThe information requested by the Deputy is available on my Departments website at www.agriculture.gov.ie/aboutus/ministers/photographycosts/. When possible, the Department avails of internal photography skills.
288. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine to provide, broken down per annum, the use of external public relations firms employed by his Department since coming into office, in tabular form; the external public relations firm used; to outline the internal Departmental policy with regard to employing external groups; and if he will make a statement on the matter. [20384/16]
View answerMy Department does not employ External Public Relations firms. Public Relations advice is provided by my Department’s Press Office.
289. Deputy Seán Crowe asked the Minister for Communications, Energy and Natural Resources the action being taken to eradicate the invasive dace fish in the River Barrow; the amount of money being spent on this eradication scheme; and the success of this scheme to date. [20190/16]
View answerInland Fisheries Ireland (IFI) is the state agency responsible for the protection, management and conservation of Ireland's inland fisheries and sea angling resources.
I have been informed by IFI that since the first discovery of dace in the tidal waters at Saint Mullins, as far back as1992, the species had, by 2006, spread over 70 km upstream, to near Vicarstown and upstream of the confluence of the Barrow Navigation and the Barrow Line of the Grand Canal. At present, the species is firmly established throughout the river and navigation and there are no practical measures that can be taken to control or eradicate this species where it is already present in abundance. I am also advised that it is established in both the Nore and Suir rivers.
While dace is a valuable angling species for many anglers in certain freshwaters, including the River Barrow, it is acknowledged that the species can prove to be a nuisance to game anglers targeting brown trout and to a lesser extent salmon, and it is an invasive species in Ireland.
The presence of dace in the Barrow system poses an increased risk of spread to interlinked waters and the primary approach of IFI in this regard is to prevent its spread outside of systems where it is already established, such as the Barrow.
There is no eradication scheme in place as the fish is prolific and widespread. There is currently no mechanism available that would enable the removal of the fish from the river without affecting other important species and communities.
Under the European Communities (Birds and Natural Habitats) Regulations (2011), with regard to dace, a licence is required to breed, reproduce or release or allow or cause to disperse or escape from confinement, or for any person who has in his or her possession for sale, or for the purposes of breeding, reproduction or propagation, or offers or exposes for sale, transportation, distribution, introduction or release.
290. Deputy Timmy Dooley asked the Minister for Communications, Energy and Natural Resources his views on the planned takeover of seven Irish radio stations by an organisation (details supplied); his role in deciding if this complies with media mergers legislation; if this passes the public interest test under media merger guidelines and the effect on the existing media plurality landscape; and if he will make a statement on the matter. [20211/16]
View answerUnder the Competition Act 2002, as amended by the Competition and Consumer Protection Act 2014, proposed mergers or acquisitions meeting certain criteria must be notified to the Competition and Consumer Protection Commission (CCPC). The CCPC must then examine the notification and decide if the merger may proceed on competition grounds.
Media mergers (mergers or acquisitions in which two or more of the undertakings involved carry on a media business in the State, and mergers and acquisitions in which one or more of the undertakings involved carries on a media business in the State and one or more of the undertakings involved carries on a media business elsewhere) which have received the CCPC’s determination must also be notified to me as Minister.
Upon notification, a Phase 1 examination of the merger is carried out by my Department. This examination is guided by the relevant criteria laid out in the legislation and by the Guidelines on Media Mergers, both of which are available on my Department’s website.
Following this examination, I have three options under the legislation, which are to allow the merger to proceed, to allow the merger to proceed with conditions or to ask the Broadcasting Authority of Ireland (BAI) to conduct a more in-depth or Phase 2 examination of the proposed merger.
If the latter is the case, then the BAI shall provide me with a report detailing their recommendations on the matter. It is also possible for me, as Minister, to establish an advisory panel to provide an opinion to the BAI on the application of the relevant criteria to the media merger in question.
Following receipt of the BAI’s report and recommendations, I must then make a decision either to allow the merger to proceed, to allow it to proceed with conditions or to refuse to grant my consent.
No notification has been made by the organisation referred to in the Question and, therefore, it would not be appropriate for me to provide further comment at this time. That said, I am aware that this merger is currently being considered by the CCPC.
