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Wednesday, 30 Nov 2016

Written Answers Nos. 177-206

Farm Enterprises

Questions (177)

Bernard Durkan

Question:

177. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which family farms are likely to remain viable in the years ahead in view of possible changes in the marketplace; and if he will make a statement on the matter. [37979/16]

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Written answers

Teagasc’s National Farm Survey 2015 report on Farm Viability, which represents just over 84,259 farms, estimated that:

- 37% of farms were economically viable.  An economically viable farm is defined as one that has the capacity to pay family labour at the average agricultural wage, and also to provide a 5% return on non-land assets.

- 29% of farms were sustainable due to the presence of off-farm income. 

- The remaining one-third of NFS farms were classified as ‘vulnerable’.

A further 50,000 farms are excluded from the National Farm Survey because their standard output is less than €8,000.  Most of these farms are small, but may be sustainable due to off-farm sources of income.

Around 2,000 commercial farms in sectors such as pigs, poultry, horticulture and potatoes are not covered by the National Farm Survey.

It is clear that profitability remains challenging for many farmers. My Department, through the Food Wise High Level Implementation Committee, will continue to focus on measures to improve competitiveness and innovation at farm level, while encouraging inter-generational transfer and land mobility.

Artisan Food Sector

Questions (178)

Bernard Durkan

Question:

178. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which the artisan food sector continues to develop; the potential for the future; and if he will make a statement on the matter. [37980/16]

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Written answers

The artisan and speciality food sector was valued at c €632 million across the island of Ireland in 2014 including €462 million in this jurisdiction, with over 350 producers employing more than 3,000 people. Growth prospects for the sector are positive overall, driven by increased consumer interest in the provenance of food, environmental concerns, health and a desire to support the local economy. While the possible impact of the UK referendum on consumer sentiment remains to be seen, it is estimated that the sector may grow in value to €700 million in 2016, including €500 million in this jurisdiction.

Artisan and speciality food businesses can have a significant impact on local economies as businesses are typically owner managed and may be closely linked to local farms. The FoodWise 2025 strategy recognises the value of the sector and its development and employment potential. Food Wise 2025 recommends actions to support the sector to realise its potential, including festival markets, a pipeline for new entrants to the Artisan Food Market at Bloom, promoting meet the buyer opportunities, delivery of small business specific consumer and market insights, and programmes to assist producers to extend business reach. A number of artisan businesses have participated in successful programmes such as Food Academy (developed by Bord Bia, Local Enterprise Offices and Musgraves/Supervalu and delivering growth and jobs) and Food Works (developed by Bord Bia, Teagasc and Enterprise Ireland for start-up food entrepreneurs).

The farmhouse cheese sector alone includes over 50 cheese-makers producing more than 150 types of cheese valued at over €12 million per annum at farm gate level. My Department has supported a three year Bord Bia farmhouse cheese programme under the EU Promotion regime. The output of farmhouse and specialty cheese could well increase to over 4,500 tonnes a year, worth c. €33m without significant additional capital expenditure.

In terms of small food businesses in general, close to 500 food companies with a turnover of €100k-€3.5m are registered with Bord Bia for supports and services. These owner managed businesses tend to produce high-end products with a strong focus on the domestic market.

In addition, over the last 5 years over 400 new companies with revenues of less than €100k have entered the sector. Through the Food Academy Start programme, these companies typically start with a standardised support package delivered by the Local Enterprise Offices nationally. This collaborative approach ensures the skills and capabilities of early stage companies are developed through a ‘learn by doing’ approach and over 300 companies have been given the opportunity to get product on the Food Academy fixture.

Although taken singly these businesses are small, cumulatively the Irish small food business sector is a critical component of and contributor to the strength of local and rural economies. It is well recognised that entrepreneurship is the seedbed for innovation and supports such a Food Works help to embed the culture and belief in scalable start-ups through innovation.

Farmers markets remain a valuable entry point for many potential food entrepreneurs and those building a local and visitor customer base. In November Bord Bia ran a series of workshops for farmers markets – in Limerick, Cork, Galway and Wicklow. Total attendance was 109, exceeding the Bord Bia target of 80, and included experienced market holders as well as start up and potential producers. Feedback was very positive and Bord Bia is now considering developing a programme for market managers to support the development of this important local route to market.

For a number of years my Department has provided bursaries for the UCC Diploma in Speciality Food Production, a food science and business course for food producers, potential start-ups and those interested in developing businesses and /or promoting the artisan sector. Over 180 students have graduated, many are successfully running small artisan and speciality food businesses. My Department will continue to fund bursaries over the next 4 years to maintain this momentum.

Agrifood Sector

Questions (179)

Bernard Durkan

Question:

179. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the full extent of employment currently provided throughout the food industry; and if he will make a statement on the matter. [37981/16]

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Written answers

The CSO’s four Quarterly National Household Surveys in 2015 showed that employment in the agri-food sector overall, including all its component parts, averaged around 170,000. This represented 8.4% of national employment.

Animal Welfare

Questions (180)

Bernard Durkan

Question:

180. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which animal health continues to be a priority here and throughout Europe; the degree to which other European countries co-operate in this regard; and if he will make a statement on the matter. [37982/16]

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Written answers

Animal health is an ongoing priority both for my Department and for the European Union.

The livestock sector contributes very substantially to Irish economic development and growth in exports. FoodWise 2025 envisages a further significant expansion in agricultural output, primarily based on animal production over the next 10 years. It is therefore essential that all stakeholders in the livestock sector collaborate to ensure, insofar as possible, compliance with the highest animal health standards. In view of this and of the importance I attach to animal health matters, I launched a consultation process last September on the development of a new Farmed Animal Health Strategy framework for Ireland. A coherent and robust Strategy has the capability to deliver very significant savings per annum as has been evidenced in the case of the recent progress being made on the BVD eradication programme. On the other hand, sub-optimal animal health impacts negatively at individual farm level, on processor returns, on the environment and ultimately on international trade and domestic employment levels.  In addition, zoonotic infections in animals as well as the avoidable use of antibiotics in animals may impact on public health. The principle that guides the Strategy, ‘Prevention is better than Cure,’ seeks to change the focus from one of post-event response and the management of disease, to one that promotes animal health as a driver of optimised production, improved margins for producers and providing the best quality for consumers.  My Department is currently reviewing submissions received from stakeholders.

 I should also mention the most recent meeting of the Agriculture North South Ministerial Council in October, which provided an opportunity, together with Michelle McIlveen MLA, Minister for Agriculture, Environment and Rural Affairs, to review progress on the All-Island Animal Health and Welfare Strategy Action Plan. In the context of Brexit, the Council agreed to the continuation of practical and effective North South co-operation on animal health and welfare, and disease control in both jurisdictions in order that the health and welfare of livestock is maintained at the highest level.

 At EU level, a major revamp of the European Union Animal health law (AHL) was agreed by the Council and the European Parliament in March 2016, and will be applicable from 2021.  The new AHL provides for the adoption of a single and simplified regulatory framework for animal health by putting greater focus on preventative measures, disease surveillance, controls and research in order to reduce the incidence of animal diseases and minimise the impact of outbreaks when they occur.  It sets out the basic principles of animal health including rules for movements of animals, animal products and products of animal origin and disease control and eradication measures. It also lays down conditions for early detection and disease notification. Some 40 existing EU directives and regulations will be superseded when the AHL is implemented.

Basic Payment Scheme Eligibility

Questions (181)

Michael Healy-Rae

Question:

181. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of entitlements in respect of a person (details supplied); and if he will make a statement on the matter. [37991/16]

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Written answers

In order to be eligible for an automatic allocation of entitlements under the Basic Payment Scheme, a farmer must have been eligible to receive a direct payment under the 2013 Single Payment Scheme and be eligible for participation under the 2015 Basic Payment Scheme. The person named commenced farming for the first time in 2016 and therefore does not hold an allocation right for entitlements under the Basic Payment Scheme. In addition, there was no application submitted to transfer allocation rights and/or reference values to the person named under the 2015 scheme year. Furthermore no application to transfer entitlements under the 2016 scheme year was received in respect of the person named. Under both the 2015 and 2016 BPS scheme years the person named did not hold any entitlements.

The person named submitted an application under the 2016 Young Farmers Scheme to my Department. The Young Farmers Scheme payment is a flat rate payment issued to eligible applicants and paid per activated entitlement, subject to a maximum of 50. While the person named meets the eligibility conditions for the Young Farmers Scheme in all other respects, he holds no activated entitlements upon which payment can be made. A letter has issued to the person named informing him of the decision in relation to his application and offering the opportunity to appeal this decision.

GLAS Payments

Questions (182)

Michael Healy-Rae

Question:

182. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a GLAS payment in respect of a person (details supplied); and if he will make a statement on the matter. [37996/16]

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Written answers

The person named has shares in two commonages.  A form has issued to the approved commonage advisor in respect of one of these commonages and my Department will be in contact with the person named in the coming days in relation to his second commonage.

Basic Payment Scheme Payments

Questions (183)

Michael Healy-Rae

Question:

183. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a basic payment scheme payment in respect of a person (detail supplied); and if he will make a statement on the matter. [37999/16]

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Written answers

The person named submitted a 2016 Transfer of Entitlements application to my Department seeking the transfer of entitlements by gift. The application has been fully processed and acceptance letters issued to both the transferor and transferee on 3rd October 2016. The person named also submitted a 2016 Transfer of Entitlements application to my Department seeking the transfer of entitlements by merger of two or more holdings into a Partnership. This application was successful and acceptance letters issued to both the transferor and transferee on 10rd October 2016.

The person named also submitted a 2016 Transfer of Entitlements application to my Department seeking the transfer of entitlements by lease. A letter issued to the person named on 3rd October 2016 requesting additional documentation in order to further process this application.  Documents were uploaded to my Department by the person named on 24th November 2016 to allow this application to be finalised. Payment under the Basic Payment Scheme will issue very shortly.

GLAS Applications

Questions (184)

Michael Ring

Question:

184. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine the status of a GLAS 2 application in respect of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [38000/16]

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Written answers

An application under Tranche 2 of GLAS (GLAS 2) was received in my Department on the 25 April 2016 and the person named was approved into GLAS 2 with effect from 1 January 2016.

This application did not include commonage lands as the person named declared commonage for the first time in 2015 and commonage data for GLAS 2 was processed on the basis of data recorded in respect of 2014. 

Following an examination of the GLAS 2 application of the person named and based on the approved actions on this application, as the applicant has 19.48 hectares of Twite A action approved in GLAS, if they maintain this area they are eligible to receive the maximum annual payment available in GLAS, €5,000 for the basic contract and €2,000 for GLAS Plus so they do not need the commonage action to maximise their annual GLAS payment. 

However, we will review this applicant's case further and contact him directly on the matter.

Young Farmers Scheme Eligibility

Questions (185)

Michael Healy-Rae

Question:

185. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an appeal under the national reserve and young farmers scheme by a person (details supplied); and if he will make a statement on the matter. [38001/16]

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Written answers

The person named submitted applications under the ‘young farmer’ category of the 2015 National Reserve and the Young Farmers Scheme.  The Terms and Conditions governing the operation of these schemes state that in order to qualify as a ‘young farmer’, a person must be setting up an agricultural holding for the first time in his/her name or have set up such a holding during the five years preceding the first submission of the BPS application. The applications were not successful as the applicant was not the registered owner of the herd number at the time of the application. The applicant was notified of this decision and was offered the opportunity to submit an appeal.

My Department subsequently received an appeal from the person named in relation to the National Reserve and Young Farmers Scheme applications. This appeal was considered based on the information set out by the applicant and the original decision was upheld. The person named was notified of the outcome of the appeal and offered the opportunity to submit a further appeal to the Basic Payment Scheme Appeals Committee in respect of the National Reserve application and to the Agriculture Appeals Office in respect of the Young Farmers Scheme application. The person named has submitted these further appeals. The Agricultural Appeals Office is currently finalising arrangements to manage such appeal cases and the person named will be notified of the outcome of his appeal as soon as possible once completed.

Farm Inspections

Questions (186)

Michael Healy-Rae

Question:

186. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of satellite inspections (details supplied); and if he will make a statement on the matter. [38002/16]

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Written answers

EU regulations governing the administration of the Basic Payment Scheme (BPS) and other area-based schemes require that full and comprehensive administrative checks, including remote sensing (satellite) inspections, are fully completed before any payments are issued. This is to ensure that payments do not issue on ineligible areas/features, that only eligible applicants are paid, and to avoid an applicant receiving an undue payment that would have to be recovered by my Department.

In the case of remote sensing inspections, a comprehensive review of the satellite imagery received at various stages during the year must be undertaken to ensure that the actual claimed area in the application form corresponds to the area farmed by the applicant, that the different crop types are as claimed, and that ineligible land or features are not included for payment purposes. The governing regulations further prescribe that where it is not possible to make an accurate determination on the eligibility of a parcel or parcels of land by means of an assessment of the available imagery, a field visit must be undertaken to verify the position on the ground.

Of the 6,500 cases selected for a remote sensing (satellite) inspection across the various area-based schemes, payment of the first instalment of the BPS has issued to 5,176 applicants to date. Payments under Areas of Natural Constraints Scheme (ANC) have issued to 3,582 applicants to date. The balancing payment under BPS will commence issuing this Thursday 1st December and additional completed remote sensing inspection cases will have their full payment under BPS processed as part of this payment process.

Priority is being given to the processing of all outstanding cases subject to a remote sensing inspection and cases continue to be finalised to payment stage on a daily basis. Regular payment runs will continue to be made for both the BPS and ANC Schemes to ensure prompt payment of fully processed cases.  

Food Industry Development

Questions (187, 188)

Brendan Smith

Question:

187. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if the EU Report on the food supply chain was discussed at the recent Council of Agriculture Ministers; if so, the outcome of such discussions; and if he will make a statement on the matter. [38004/16]

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Brendan Smith

Question:

188. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine his views on the recent EU report on the food supply chain; and if he will make a statement on the matter. [38005/16]

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Written answers

I propose to take Questions Nos. 187 and 188 together.

The Report of the Agricultural Markets Task Force entitled "Farming the future in Europe - an examination of the position of farmers in the food supply chain and ways to improve it" was presented at the Council of Agriculture Ministers in November. Council conclusions on the issue are expected to be adopted in December, and the Commission has undertaken to consider the report's recommendations in the context of its Work Programme for 2017.

The report examines a range of issues such as market transparency, risk management, futures markets and trading practices, and makes a series of recommendations with a view to strengthening the position of farmers across the supply chain.  The recommendations include consideration of the introduction of an EU-wide legislative framework for unfair trading practices, the development of futures markets, increasing market transparency and the mandatory inclusion by Member States of actions promoting on-farm risk management strategies under their Rural Development Programmes.

I very much welcome the report by the Markets Task Force.  I believe that the prerequisite for a sustainable food supply chain is free and fair competition, accompanied by balanced relationships between all of the entities along the chain. It is very important that all operators acknowledge their interdependence with each other. This means that they need to work together to develop a model which sustains agricultural production, without which none of the downstream industrial or service sectors could exist.

Regarding the report’s recommendations, I believe that an EU-wide framework would represent the correct approach to dealing with unfair trading practices. Our own experience with the new Grocery Goods Regulations, which entered into force at the end of April this year following extensive consultation, demonstrated that a voluntary regime would not have the confidence of all stakeholders. We have also learned from our experience of agri-food legislation on safety, traceability and quality that the Single Market requires legislative frameworks to function well and freely. 

However, changes to the legislative framework are unlikely to be enough.  Supply chain imbalances invariably become a focal point in periods of increased volatility.  Measures to reduce costs, improve competitiveness and support innovation will also be required in order to improve sustainability.  Efforts in this regard can be industry-led but ideally should have cross-stakeholder buy-in.

I also welcome the report’s recommendations in relation to improving market transparency.  Price monitoring is limited by the lack of availability of data and models. While producer returns at primary level are quite well publicised and retail prices are known, there is little data on the basis on which they are constructed. The establishment of price monitoring platforms and deeper input to these platforms by Member States, as suggested in the report, is useful and is something we can support.

The findings of the report are still being reviewed and consideration is now being given to the introduction of practical and sensible measures at an appropriate level. I and my Department will engage constructively with this process.

Broadband Service Provision

Questions (189)

Martin Heydon

Question:

189. Deputy Martin Heydon asked the Minister for Communications, Climate Action and Environment his views on whether fixed wireless broadband providers are an integral part of the delivery of broadband services to every home in the country; and if he will make a statement on the matter. [37948/16]

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Written answers

The management of the radio spectrum (including the allocation of radio spectrum, the award of spectrum licences and the associated application of terms and conditions and obligations) is a statutory function of the Commission for Communications Regulation (ComReg) under the Communications Regulation Act 2002, as amended.  ComReg is independent in the exercise of this spectrum management function.

In October, I signed Regulations which will allow ComReg to auction spectrum in the 3.6GHz band (Wireless telegraphy (3.6GHz Band Licences) Regulations, 2016 (S.I.  532 of 2016)). This will allow ComReg to proceed to auction the 3.6GHz radio spectrum band, and will provide an 86% increase in total spectrum available for mobile and fixed wireless services.  The liberalisation of this band is in accordance with EU rules, and will allow the band to be used for a combination of mobile and wireless services, providing better quality voice and data services to customers across Ireland.

I have no role or function in the delivery of the auction process, which is a matter for ComReg. Having regard to the independence of ComReg in the matter it would not be appropriate for me to make any comment on this matter at this time.

The aim of the National Broadband Plan is to bring competitively priced quality services to rural areas, through a State intervention to build a new high speed broadband network. It is envisaged that this network will offer wholesale services to multiple retailers, who can in turn offer competitive and affordable and high speed broadband to users.

The Plan aims to deliver high speed services to every city, town, village and individual premises in Ireland. The Programme for Government commits to the delivery of the NBP as a matter of priority.  This is being achieved through private investment by commercial telecommunications companies and through a State intervention in areas where commercial investment has not been fully demonstrated. The formal procurement process for the State Intervention commenced in December 2015.

The High Speed Broadband Map, which is available at www.broadband.gov.ie shows the extent of the State Intervention area:

- The areas marked BLUE represent those areas where commercial providers are either currently delivering or have previously indicated plans to deliver high speed broadband services.

- The areas marked AMBER on the High Speed Broadband Map represent the target areas for the State Intervention which are the subject of the current procurement process.

The Department is now in a formal procurement process to select a company or companies who will roll-out a new high speed broadband network in the State Intervention Area comprising over 750,000 premises in Ireland, covering 100,000km of road network and 96% of the land area of Ireland. All three bidders involved in the competitive dialogue process are proposing a predominantly fibre- to- the –home network solution to connect rural Ireland. Wireless technology may also play a role in part of the overall solution.  It is a matter for the bidders in the process to put forward the technologies they believe are most appropriate to meet the NBP objectives.  

Broadband Service Provision

Questions (190)

Martin Heydon

Question:

190. Deputy Martin Heydon asked the Minister for Communications, Climate Action and Environment his views on whether having more than three broadband providers in the country is beneficial for competition; and if he will make a statement on the matter. [37949/16]

View answer

Written answers

As Minister with responsibility for overall telecoms policy  a key goal is to create and support conditions for sustainable services that will benefit the economic and social development of Ireland. ComReg, in its role as regulator, facilitate competitive services in the broadband market. Competition has driven significant investments in cities and towns across Ireland, resulting in the delivery of quality services and competitive prices. The aim of the National Broadband Plan is to bring competitively priced quality services to rural areas, through a State intervention to build a new high speed broadband network. It is envisaged that this network will offer wholesale services to multiple retailers, who can in turn offer competitive and affordable and high speed broadband to users.

Inland Waterways Maintenance

Questions (191)

Michael Fitzmaurice

Question:

191. Deputy Michael Fitzmaurice asked the Minister for Communications, Climate Action and Environment if Roscommon County Council made an application in relation to the Jiggy river for works it intends doing and for the derogation to do the works; the date on application; if his Department granted the application; if so, the date on which it was granted; and if he will make a statement on the matter. [37953/16]

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Written answers

My Department received an application from Roscommon County Council, on 15 November 2016, for a derogation under the Local Authorities (Works) Act, 1949 to carry out in-stream works on the Jiggy river.  The Department sought the advice of Inland Fisheries Ireland (IFI) on the proposals.

The Department is in consultation with Roscommon County Council and IFI as regards the complexities of proposed works and environmental and ecological sensitivities in the relevant area.  Following further consultation with Inland Fisheries Ireland, it is expected that a determination will be made on this application early next week.

Local Authority Services

Questions (192)

Michael Fitzmaurice

Question:

192. Deputy Michael Fitzmaurice asked the Minister for Communications, Climate Action and Environment if an application (details supplied) for derogation to continue works will be dealt with; if his Department has given the go ahead for same; and if he will make a statement on the matter. [37954/16]

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Written answers

On 22 November 2016, an undertaking was given to the Department by Roscommon County Council to submit the required application, under the Local Authorities (Works) Act, 1949.  The Department identified to the Council a designated Official as the contact to assist in expediting matters.

Since that date, the Inland Fisheries Division of my Department has been on standby to progress the application urgently.  An Environmental Officer of Inland Fisheries Ireland (IFI) is also prepared to immediately process the technical aspects of the proposals.

As the Deputy will be aware, IFI already carried out a site visit in October and had also advised the Council on the elements to be incorporated into the derogation in order to assist the Council in formulating the application.

The required application to commence the proposed works in the area referred to was received from the Council on Monday 28 November. 

It is anticipated that a determination in this matter will be made in the coming days.

Waste Management Regulations

Questions (193)

Brendan Smith

Question:

193. Deputy Brendan Smith asked the Minister for Communications, Climate Action and Environment if his attention has been drawn to the widespread concerns of the tyre industry in relation to the introduction of the new compliance scheme; if he will ensure that there are adequate consultations with the industry to enable the introduction of a scheme which will not distort the market and still meet the appropriate and necessary environmental objectives, if he will give due consideration to market distortions that occur particularly in the Border region with imports from Northern Ireland and Britain; and if he will make a statement on the matter. [38006/16]

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Written answers

As part of a review of producer responsibility compliance schemes in Ireland, a specific module examined the structural and environmental effectiveness of all aspects of the management of waste tyres.  The report, published for consultation in November 2013 and in final form in April 2014 found:

- a non-compliance rate with the Tyres Regulations of 46%,

- a lack of consistent and accurate data,

- the extant system was not tracking data flows, and

- that between 25% and 50% of waste tyres were not accounted for.

The report recommended, inter alia, that the scope of the existing schemes should be changed to improve the environmentally sound management of waste tyres.

It is against this back drop that I intend introducing the new compliance scheme for tyres in early 2017.  

I am very aware of the concerns of the tyre industry regarding the new structures for tyres. Extensive consultation has taken place with the industry since the PRI review report on Tyres and Waste Tyres was published in 2013. In addition, I recently met with the Irish Tyre Industry Association (ITIA) and the Independent Tyre Wholesalers and Retailers Association (ITWRA) to discuss their concerns.

The issue of market distortion is a valid concern.  In this regard, distance sellers, i.e., those placing tyres on the Irish market but located outside the State, will have the same obligations as any operator based in Ireland. In addition tyres will be a priority area for enforcement in 2017 for the Waste Enforcement Regional Lead Authorities (WERLAs) and I will be asking them to give particular attention to the border regions.

Gas Exploration Licences

Questions (194)

Michael Healy-Rae

Question:

194. Deputy Michael Healy-Rae asked the Minister for Communications, Climate Action and Environment the status of the Shannon LNG project (details supplied); and if he will make a statement on the matter. [38078/16]

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Written answers

Earlier this year I met with a delegation of TDs and subsequently my officials met with other relevant stakeholders to discuss the Shannon LNG project. On 7 October 2016 I provided an update to TDs where I outlined the position.  

I and indeed previous Ministers have supported this project, as appropriate, given that it would enhance Ireland's security of supply. This support is in line with the Programme for Government. In addition, as part of our actions under the Energy White Paper, my Department will shortly set up a group to examine Ireland's resilience to a long term gas disruption.  The potential for LNG will form part of this analysis.

It is important to understand that this is a commercial, private sector project, the implementation of which is ultimately the responsibility of the project promoters.  Final investment decisions for the Shannon LNG project are a matter for the project promoters to take.

Driver Licensing Exchange Agreements

Questions (195)

Brian Stanley

Question:

195. Deputy Brian Stanley asked the Minister for Transport, Tourism and Sport if a person that holds a full driving licence from another jurisdiction such as Kazakhstan, and now holds a learner permit here, must complete 12 driving lessons before applying for a full driving licence. [37790/16]

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Written answers

There are three different sets of circumstances which may apply to holders of a full driving licence from another jurisdiction who take up residence in Ireland.

First, as Ireland operates within a framework of EU driver licensing law which sets common EU-wide rules for obtaining and exchanging driving licences, people with a full EU driving licence who take up residence in Ireland may - and indeed should - exchange their driving licence for the Irish equalivent.

Second, we may reach bilateral agreements with non-EU states to exchange driving licences.  Where such an agreement is in place, people with driving licences from those countries who take up residence in Ireland may exchange their licence for the Irish equivalent.

Finally, in the case of people from non-EU states with which we do not have bilateral agreements on driver licence exchange - and this includes Kazakhstan - we must require people to go through the learner driver process in Ireland, including the mandatory lessons.

I appreciate that this can be inconvenient for people, but there is a responsibility on Government to ensure that people licensed to drive on our roads meet recognisable minimum standards, and where there is no verifiable standard against which we can measure them the only reasonable approach it to treat them as learners.

I do understand, however, that the Road Safety Authority is preparing proposals for a shorter course of required lessons for learner drivers who are already fully qualified in non-exchange countries, and I look forward to considering these proposals when they are submitted by the Authority.

Parking Provision

Questions (196)

Fiona O'Loughlin

Question:

196. Deputy Fiona O'Loughlin asked the Minister for Transport, Tourism and Sport the parking infrastructure that is planned for Newbridge train station to match the increase in service; and if he will make a statement on the matter. [37796/16]

View answer

Written answers

As Minister for Transport, Tourism and Sport I have responsibility for policy and overall funding in relation to public transport.

However, I am not responsible for, or involved in, the day-to-day operations of Iarnród Éireann's services. The management of car parks at train stations is a matter for Iarnród Éireann.  

Noting this I have referred the Deputy's question to the Iarnród Éireann for direct reply.  Please advise my private office if you don't receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Tourism Promotion

Questions (197)

John Lahart

Question:

197. Deputy John Lahart asked the Minister for Transport, Tourism and Sport the amount spent on promoting rural coach tours to European visitors; if his Department has a plan in place to deal with such tourism; and if he will make a statement on the matter. [37802/16]

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Written answers

Tourism Ireland is responsible for promoting the island of Ireland overseas as a visitor destination.

I have referred the Deputy's Question to Tourism Ireland for direct reply.

Please advise my private office if you do not receive a reply within ten working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Ticket Touting

Questions (198)

Thomas P. Broughan

Question:

198. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 558 of 22 November 2016, the examination he is undertaking of the secondary ticket market; the measures he will take to regulate such a market and halt the practice of tickets being resold at greatly inflated higher prices; his views on whether this practice is a gross distortion of the market and anti competitive; and if he will make a statement on the matter. [37956/16]

View answer

Written answers

Regulation of the sale and resale of tickets is primarily a matter for my colleague the Minister for Jobs, Enterprise and Innovation.

However, in the context of the public concern about the secondary sale of tickets for major sporting events, I have held discussions with the Minister for Jobs, Enterprise and Innovation in regard to the need to introduce measures aimed at securing fairer access to tickets for consumers.

My officials are engaging with officials at the Department of Jobs, Enterprise and Innovation to consider how best an examination could be undertaken with a view to identifying such measures.

Tourism Policy

Questions (199)

Michael Healy-Rae

Question:

199. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding funding; and if he will make a statement on the matter. [38067/16]

View answer

Written answers

My Department's role in relation to tourism lies primarily in the area of national tourism policy. It is not directly involved in the management or development of individual tourism projects.

These are operational matters for the Board and Management of Fáilte Ireland.  While the Department provides funding to Fáilte Ireland for investment in tourism, the Department does not administer those capital investment programmes. 

However, I am informed that Fáilte Ireland recently wrote to the Managing Director of Valentia Island Ferries Ltd to inform him that the category of costs of boats is ineligible for grant assistance under the Grants Scheme for Large Tourism Projects 2016-2020.

I have asked Failte Ireland to provide the Deputy with further information in this regard.  Please contact my private office if you do not receive a reply within ten working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Sports Capital Programme Applications

Questions (200)

Michael Healy-Rae

Question:

200. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport when the sports capital grants for 2017 will be announced; when the applications will be accepted; and if he will make a statement on the matter. [38070/16]

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Written answers

The Sports Capital Programme (SCP) is the Government's primary vehicle to support the development of sports facilities and the purchase of sports equipment. The most recent rounds of the programme were in 2012, 2014 and 2015.

Following the conclusion of the 2017 Estimates discussions, a total of €52m has been provided for sports capital projects. This will meet all existing commitments under previous rounds of the Sports Capital and Local Authority Swimming Pool Programme, and also allow for a new round of the of the Sports Capital Programme. In this regard, the new round will be open for applications by January at the latest.

Based on previous rounds of the programme, the assessment process takes a number of months to complete so I expect that actual grant allocations will be made some time during Summer 2017.  We will be announcing more comprehensive details of the new round shortly.

Road Improvement Schemes

Questions (201)

Michael Healy-Rae

Question:

201. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport the status of funding for road improvements (details supplied) in County Kerry; and if he will make a statement on the matter. [38075/16]

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Written answers

The improvement and maintenance of regional and local roads in Kerry  is the statutory responsibility of Kerry County Council, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from the Council's own resources supplemented by State road grants.  The initial selection and prioritisation of works to be funded is also a matter for the Council.

While in the past it was possible to seek grant funding for road improvements under a Specific Grant Scheme, given the challenging financial climate, this grants scheme was curtailed from 2014 in order to maximise the funding available for repair and strengthening work on the existing road network. A limited number of Specific Grant projects are provided for in the Capital Plan.

Kerry County Council was allocated €12.9m by my Department in January this year in respect of its regional and local roads programme and it was allocated a further €4.65m to repair roads damaged by severe weather later in the year.  It is a matter for the Council to prioritise its work programme for the year, including the selection of schemes that are to progress.  The purpose of Exchequer funding for regional and local roads is to supplement the own resources of local authorities, not to meet the full costs of schemes.

The allocations for 2017 have not been decided as yet. I expect to be in a position to announce the grants early next year.

Wild Atlantic Way Project

Questions (202)

Michael Healy-Rae

Question:

202. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding the Wild Atlantic Way; and if he will make a statement on the matter. [38077/16]

View answer

Written answers

My Department's role in relation to tourism lies primarily in the area of national tourism policy.  It is not directly involved in the management or development of individual tourism projects, such as the Wild Atlantic Way. This is an operational matter for the Board and Management of Fáilte Ireland.

Accordingly, I have referred the Deputy's question to Fáilte Ireland for direct reply to the Deputy.  Please contact my private office if you have not received a reply within ten working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Health and Safety Regulations

Questions (203)

Josepha Madigan

Question:

203. Deputy Josepha Madigan asked the Minister for Jobs, Enterprise and Innovation if there are regulations in place regarding safety standards for candles, either in terms of fire safety and toxins; and if there are future plans for further regulation. [37826/16]

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Written answers

Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on General Product Safety, transposed into Irish law by S.I. No. 199 of 2004, places the onus on all economic operators – manufacturers, distributors, importers – to ensure that only safe products are placed on the market. If economic operators become aware that products on the market present a potential hazard they must take appropriate measures, up to and including recall of the items, to ensure that the risk is removed. Any action taken by an operator must be notified to the relevant Market Surveillance Authority: in Ireland this is the Competition and Consumer Protection Commission (CCPC), which is statutorily independent in the carrying out of its functions.

On the specific issue of safety standards for candles, three Irish standards currently apply:

- I.S. EN 15493 : Candles - Specification for Fire Safety

- I.S. EN 15494 : Candles - Product Safety Labels

- I.S. EN 15426 : Candles - specification for Sooting Behaviour

These Irish standards state that warning labels should be visible and legible. Warnings can include:

- never leaving a burning candle unattended;

- burning candles out of the reach of children and pets; and

- not burning candles on or near anything that can catch fire

If candles are compliant with the requirements of the relevant Irish Standards listed above, they are deemed or presumed to be safe with regards to the requirements of S.I. No. 199 of 2004. There are no plans for further national regulations in this area at present.

Workplace Relations Commission

Questions (204)

James Browne

Question:

204. Deputy James Browne asked the Minister for Jobs, Enterprise and Innovation the parties that were involved in the abolition of the EAT and Rights Commissioners in order to set up the WRC; and if she will make a statement on the matter. [37807/16]

View answer

Written answers

On 24th July 2012, the Government approved the General Scheme of the Workplace Relations Bill and the priority drafting thereof. This Bill was required to give effect to the Government Decision of 15th November 2011 to rationalise the State’s existing employment rights and industrial relations dispute resolution bodies.

Following on from these Government decisions the Minister for Jobs, Enterprise and Innovation has undertaken and completed an extensive programme of reform of the State’s employment rights and industrial relations procedures. The legislation which has given statutory effect to the reform programme, namely the Workplace Relations Act 2015, was enacted on 20th May, 2015.

During the preparatory stage of this legislation, the Minister engaged in extensive public consultation in framing the proposals for a radical reform of the State’s Workplace Relations Services. This process included two extensive public consultation exercises and the publication of two policy papers which helped inform the design and delivery of the reform. The responses received from stakeholders demonstrated a strong consensus around the need for reform and the shape that reform should take. The Policy document ‘Legislating for a World Class Workplace Relations Service’ was submitted to the Joint Oireachtas Committee on Jobs, Enterprise and Innovation in July, 2012 and the Minister had a constructive dialogue with the Committee in July, 2012 on the basis of the document.

Numerous meetings also took place with interested parties, representative of employees, employers and equality interests including IBEC and ICTU to get their input into the process.

The Workplace Relations Act 2015 provides for the establishment of a new two-tier workplace relations structure to replace the previously existing five workplace relations bodies. A new single body of first instance called the Workplace Relations Commission (WRC) was created from 1st October 2015 and a separate appeals body, which is effectively an expanded Labour Court.

The WRC incorporates the functions of the Labour Relations Commission (including the Rights Commissioner Service), the Equality Tribunal, the Employment Appeals Tribunal (first instance jurisdiction only), and the National Employment Rights Authority (NERA). Three of the bodies listed above have been dis-established following the transfer of their functions to the WRC. The Employment Appeals Tribunal will be dis-established once it has dealt with the caseload submitted to it prior to 1st October 2015.

The putting in place of the Workplace Relations Act 2015 is the most far-reaching legislative reform in the area of employment and industrial relations in almost 70 years. The result is a more straightforward and user friendly system allowing both expert and non-expert users navigate their way around the employment and industrial relations machinery.

Workplace Relations Commission

Questions (205)

James Browne

Question:

205. Deputy James Browne asked the Minister for Jobs, Enterprise and Innovation the decisions of the WRC that are legally enforceable; and if she will make a statement on the matter. [37808/16]

View answer

Written answers

The Workplace Relations Act 2015 provides for the establishment of a new two-tier workplace relations structure to replace the previously existing five workplace relations bodies. A new single body of first instance called the Workplace Relations Commission (WRC) was created from 1st October 2015 and a separate appeals body, which is effectively an expanded Labour Court.

The WRC incorporates the functions of the Labour Relations Commission (including the Rights Commissioner Service), the Equality Tribunal, the Employment Appeals Tribunal (first instance jurisdiction only), and the National Employment Rights Authority (NERA).

Section 41 of the Workplace Relations Act 2015 provides that an employee, or his/her representative may present a complaint to the Director General that the employee’s employer has contravened a provision specified in Part 1 or 2 of Schedule 5 of the Act. Where such complaint is presented the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer. A party to proceedings under section 41 may appeal a decision of an adjudication officer to the Labour Court.

The employer is required to implement the decision of the adjudication officer within 56 days from the date on which the notice in writing of the decision was given to the parties. In the case of an appeal, the decision of the Labour Court is required to be implemented within the 42 days from the date on which the notice in writing was given to the parties.

In circumstances where an employer fails to implement a decision of an Adjudication Officer of the Workplace Relations Commission, or a decision of the Labour Court arising from an appeal of an Adjudication Officer's decision, within the prescribed time periods, an application may be made to the District Court for an order directing the Employer to carry out the decision.

The application can be made by the following:

- The employee (or legal representative on his/her behalf)

- A Trade Union, with consent of employee, or

- An excepted body of which the employee/complainant is a member.

The Workplace Relations Commission has discretion, having regard to resources, available capacity, cost, and the particular circumstances of a case, to accept a request to make an application to the District Court on behalf of the employee.

Failure to comply with an order of the District Court is a criminal offence under section 51 of the Act. A person found guilty of such an offence, shall be liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.

The enforcement of complaints or disputes which were presented or referred to a Rights Commissioner, the Employment Appeals Tribunal or the Equality Tribunal before 1st October, 2015 are subject to the law which existed before the commencement of the Workplace Relations Act 2015.

Workplace Relations Commission

Questions (206)

James Browne

Question:

206. Deputy James Browne asked the Minister for Jobs, Enterprise and Innovation if she will address a matter (details supplied) regarding a clause; and if she will make a statement on the matter. [37809/16]

View answer

Written answers

The Workplace Relations Act 2015 provides for the establishment of a new two-tier workplace relations structure to replace the previously existing five workplace relations bodies. A new single body of first instance called the Workplace Relations Commission (WRC) was created from 1st October 2015 and a separate appeals body, which is effectively an expanded Labour Court.

The WRC incorporates the functions of the Labour Relations Commission (including the Rights Commissioner Service), the Equality Tribunal, the Employment Appeals Tribunal (first instance jurisdiction only), and the National Employment Rights Authority (NERA).

Section 41 of the Workplace Relations Act 2015 provides that an employee, or his/her representative may present a complaint to the Director General of the WRC that the employee’s employer has contravened a provision specified in Part 1 or 2 of Schedule 5 of the Act. Where such a complaint is presented the Director General shall, subject to section 39, refer the complaint for adjudication by an Adjudication Officer.

Section 44 of the Workplace Relations Act 2015 provides that either party may appeal a Decision of an Adjudication Officer to the Labour Court in writing not later than 42 days from the date of the Decision.

The appeal form to the Labour Court may be accessed on www.workplacerelations.ie.

I am informed by the WRC that the wording in the clause provided by the Deputy is not used in any publication from the WRC.

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