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Tuesday, 20 Feb 2018

Written Answers Nos. 473-488

Broadband Service Provision

Questions (473)

Thomas Byrne

Question:

473. Deputy Thomas Byrne asked the Minister for Communications, Climate Action and Environment his plans to upgrade broadband services in an area (details supplied). [8323/18]

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Written answers

The Government's National Broadband Plan (NBP) aims to ensure high speed broadband access (minimum 30 megabits per second) to all premises in Ireland, regardless of location.  The NBP has been a catalyst in encouraging investment by the telecoms sector. Today, almost 7 out of 10 of the 2.3 million premises in Ireland have access to high speed broadband.  This will increase to nearly 8 out of 10 premises by the end of this year and by 2020, 9 out of 10 premises will have access to a high speed broadband connection. This is being achieved via a combination of commercial investment and a State led intervention.

The premises referred to by the Deputy is in an AMBER area on my Department’s High Speed Broadband Map, which is available at www.broadband.gov.ie.  It is therefore included in the State Intervention Area under the National Broadband Plan (NBP).

My Department is in a formal procurement process to engage a company who will roll-out a new high speed broadband network in the State intervention area. That procurement process is now in its final stages.  “Detailed Solutions” have been evaluated by the NBP specialist team.  This is the last stage of the procurement process before moving to the final tender stage, which will be followed by the appointment of a preferred bidder and contract signature. When the procurement process reaches a satisfactory conclusion and a subsidy level is agreed by Government, a contract will be awarded and the network rollout will commence.

In the interim, practical initiatives will continue to be addressed through the work of the Mobile Phone and Broadband Taskforce to address obstacles and improve connectivity in respect of existing and future mobile phone and broadband services.

Under this Taskforce, engagement between telecommunications operators and local authorities through the Broadband Officers is continuing to strengthen.  These Broadband Officers are acting as single points of contact in local authorities for their communities.  The appointment of these officers is already reaping rewards in terms of ensuring a much greater degree of consistency in engagements with operators and clearing obstacles to developing infrastructure.  There is a link to a list of these local Broadband Officers on my Department's website.

Legislative Programme

Questions (474)

James Lawless

Question:

474. Deputy James Lawless asked the Minister for Communications, Climate Action and Environment the EU legislation before his Department with a view to being transposed into law; the details of such legislation; the status and timeframes for transposition of each; and if he will make a statement on the matter. [8380/18]

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Written answers

The EU legislation which falls under the remit of my Department for transposition into law is outlined in the following table:

Directive

Title

Deadline

2013/59

 

Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom.

06/02/2018

Primary legislation is required to enable transposition of the Directive. The primary legislation will be published week commencing 19th February with a view to early enactment.

2016/2284

 

DIRECTIVE (EU) 2016/2284 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC.

01/07/2018

 

2015/1513

 

Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources.

10/09/2017  - transposing legislation will be finalised shortly.

2015/996

 

Commission Directive (EU) 2015/996 of 19 May 2015 establishing common noise assessment methods according to Directive 2002/49/EC of the European Parliament and of the Council.

31/12/2018

 

2016/1148

Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems across the Union

06/05/2018

910/2014

Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions.

May 2018

2016/2102

DIRECTIVE (EU) 2016/2102 of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies

23/09/2018

2014/52

DIRECTIVE 2014/52/EU of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment. 

Department of Housing, Planning and Local Government is the lead Department, but a number of other Departments, including my Department, have transposition responsibilities.

Broadband Service Provision

Questions (475)

Billy Kelleher

Question:

475. Deputy Billy Kelleher asked the Minister for Communications, Climate Action and Environment the date for the roll-out of high speed broadband for a person (details supplied); and if he will make a statement on the matter. [8497/18]

View answer

Written answers

Following verification by an official from my Department I can confirm that the premises referred to by the Deputy is in an AMBER area on my Department’s High Speed Broadband Map, which is available at www.broadband.gov.ie.  It is therefore included in the State intervention area under the National Broadband Plan (NBP).

My Department is in a formal procurement process to select a company that will rollout a new high speed broadband network in the State intervention area. That procurement process is now in its final stages.  “Detailed Solutions” have been evaluated by the NBP specialist team. This is the last stage of the procurement process before moving to the final tender stage, which will be followed by the appointment of a preferred bidder and contract signature. When the procurement process reaches a satisfactory conclusion and a subsidy level has been approved by Government, a contract will be awarded and the network rollout will commence.

In the interim, practical initiatives will continue to be addressed through the work of the Mobile Phone and Broadband Taskforce to address obstacles and improve connectivity in respect of existing and future mobile phone and broadband services.

Under this Taskforce, engagement between telecommunications operators and local authorities through the Broadband Officers is continuing to strengthen.  These Broadband Officers are acting as single points of contact in local authorities for their communities.  The appointment of these officers is already reaping rewards in terms of ensuring a much greater degree of consistency in engagements with operators and clearing obstacles to developing infrastructure.  There is a link to a list of these local Broadband Officers on my Department's website.

Inland Fisheries Ireland

Questions (476)

James Browne

Question:

476. Deputy James Browne asked the Minister for Communications, Climate Action and Environment the timeframe for Inland Fisheries Ireland to assure salmon of a safe passage at a privately owned tailrace and a weir on the River Slaney at a location (details supplied); and if he will make a statement on the matter. [8601/18]

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Written answers

I am advised by Inland Fisheries Ireland (IFI) that statutory powers in relation to an installation, such as that referred to by the Deputy, under Section 123 of the Fisheries (Consolidation) Act 1959, relate to the requirements for gratings in watercourses diverted from rivers. Notwithstanding the fact that the gratings in question meet the legal requirements of Section 123 of the 1959 Act, IFI is aware that issues for the free passage of fish remain.  IFI is particularly anxious to improve fish passage but many of the issues at this location are beyond the powers and remit of IFI.

IFI has worked and will continue to work with all stakeholders and in this regard I recently met with IFI and Fishery Owners Group who undertook to discuss matters with the owner of the installation to ascertain what if any accommodation could be agreed.

Illegal Dumping

Questions (477)

Róisín Shortall

Question:

477. Deputy Róisín Shortall asked the Minister for Communications, Climate Action and Environment if local authorities have powers to deal with the issues of dumping and littering on private property not visible from a public place; if so, the relevant legislation and powers in this regard; and if he will make a statement on the matter. [8616/18]

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Written answers

Enforcement actions against illegal waste activity are a matter for the Local Authorities and the Office of Environmental Enforcement (OEE) within the Environmental Protection Agency (EPA) and the primary role of my Department in relation to combating litter and illegal dumping matters is to provide a robust governing legislative framework.  The key legislative codes in that regard are the Litter Pollution Act 1997 and the Waste Management Act 1996; in particular, section 32 of the Waste Management Act places the responsibility and a general duty of care on the holders of waste to ensure that it is managed in a manner that does not cause environmental pollution. In accordance with section 59(1) of the Waste Management Act, 1996, each local authority is responsible generally for the supervision and the enforcement of the relevant provisions of the Act in relation to the holding, recovery and disposal of waste within its functional area. Local authorities have specific powers under sections 55 and 56 of the Act to require measures to be taken, or to take measures directly, to prevent or limit environmental pollution caused or likely to be caused by the holding, recovery or disposal of waste, and to mitigate or remedy the effects on the environment of any such activity.

Any incidents of illegal waste activity should be reported to the local authority, who have significant powers available to them to deal with the waste.  However, placing a duty on the authorities to remove all waste from private land could encourage illegal dumping rather than tackle the problem. People may not pay the costs of legitimate disposal if they knew they could fly-tip it in the nearest field and the local tax payer would foot the clearance bill.

My Department is aware of the problems caused by illegal dumping, irrespective of the nature of the material being dumped or where it has been dumped.  Illegal dumping and littering is first and foremost a matter of individual responsibility and compliance with the law.  My Department encourages a multi-facetted approach to tackling the problem, incorporating enforcement, public awareness and education and, as such has developed an Anti-Dumping Initiative to work in partnership with local authorities and community organisations in identifying high risk or problem areas, developing appropriate enforcement responses and carrying out clean-up operations. The 2017 Anti-Dumping Initiative saw funding of €1.26 million provided by my Department which supported 229 projects. These included clean-ups of private lands where it was apparent to the local authority that the landowners were not complicit in waste being dumped there.  This year, I am increasing the allocation to €2 million to build on the momentum that has now been created and to provide for an increased focus on identifying and prosecuting illegal dumpers.

Energy Policy

Questions (478)

Eamon Ryan

Question:

478. Deputy Eamon Ryan asked the Minister for Communications, Climate Action and Environment if his Department is considering carrying out an overall assessment of the environmental impacts of importing LNG gas; if so, the details of the consultation process; and the mechanisms that members of the public can utilise to appeal such a process. [8618/18]

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Written answers

Natural Gas is an important transition fuel on the pathway to decarbonisation and has the potential to play an important role in reducing greenhouse gas emissions in the power generation, industrial and commercial, residential and transport sectors by replacing more CO2-intensive fossil fuels.  Dispatchable power generation is also an important back-up for intermittent renewable generation, for example, as a back-up for wind power generation, when the wind is not blowing. The Programme for Government states that an LNG facility on the island of Ireland would be a positive step, and commits to examining if there are ways to facilitate LNG on the island of Ireland, noting that the regulation of the gas market is the responsibility of the Commission for the Regulation of Utilities.    

In line with the Programme for Government and the Government’s Energy Policy Paper, “Ireland’s Transition to a Low-carbon Energy Future, 2015-2030”, the potential for LNG is being examined as part of the study my Department is carrying out, in conjunction with the Commission for Regulation of Utilities, Gas Networks Ireland and EirGrid, on Ireland’s resilience to a long term gas disruption.  This study will inform the formulation of future policy measures to maintain the resilience of Ireland’s gas and electricity networks and supply.

Some private sector commercial LNG projects have been proposed in Ireland recently. The location, development and final investment decisions for these projects are ultimately the responsibility of the project promoters. In addition, it is the responsibility of the project promoters to comply with any legal and regulatory requirements, including requirements for planning permission, other consents or permits, and related environmental impact assessments.

Departmental Properties

Questions (479)

Róisín Shortall

Question:

479. Deputy Róisín Shortall asked the Minister for Communications, Climate Action and Environment the number of vacant habitable dwelling units and vacant derelict residential dwelling units in the ownership of or part ownership of or under the control of both his Department and agencies under his remit; the county in which each unit is located; the length of time each unit has been vacant, in tabular form; and if he will make a statement on the matter. [8660/18]

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Written answers

All property occupied by my Department is either leased or owned by the Office of Public Work and my Department has no vacant dwelling units, either habitable or derelict. The information sought by the Deputy regarding the bodies under the aegis of my Department is an operational matter for each organisation. I will request the relevant bodies to reply directly to the Deputy in the matter.

Waste Management Regulations

Questions (480, 481, 482, 483, 484)

Maurice Quinlivan

Question:

480. Deputy Maurice Quinlivan asked the Minister for Communications, Climate Action and Environment the budget allocation of the TransFrontier shipments office in each of the years 2007 to 2017. [8684/18]

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Maurice Quinlivan

Question:

481. Deputy Maurice Quinlivan asked the Minister for Communications, Climate Action and Environment the amount collected in fines by the TransFrontier shipments office in each of the years 2007 to 2017. [8685/18]

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Maurice Quinlivan

Question:

482. Deputy Maurice Quinlivan asked the Minister for Communications, Climate Action and Environment the staffing allocation in the TransFrontier shipments office in each of the years 2007 to 2017. [8686/18]

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Maurice Quinlivan

Question:

483. Deputy Maurice Quinlivan asked the Minister for Communications, Climate Action and Environment if his attention has been drawn to the fact that the TransFrontier shipments office still conducts some of its business services in out of date practices, for example, only via fax machines and post as opposed to digital methods. [8687/18]

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Maurice Quinlivan

Question:

484. Deputy Maurice Quinlivan asked the Minister for Communications, Climate Action and Environment if his attention has been drawn to the fact that the TransFrontier shipments office only gives companies transporting recycling material across the Border with Northern Ireland a one day opportunity to move the pre-notified waste compared to a movement window of up to 30 days provided by the Northern Ireland Environment Agency; and his plans to amend same to assist businesses engaging in cross-Border trade using this service. [8688/18]

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Written answers

I propose to take Questions Nos. 480 to 484, inclusive, together.

The legislative framework for the import and export of waste in the European Union is set out in Regulation (EC) No. 1013/2006 of the European Parliament and of the Council. Under the Waste Management (Shipments of Waste) Regulations 2007, Dublin City Council was designated as the National Competent Authority for all waste exports and imports and the National Transfrontier Waste Shipment Office (NTFSO) was established under the auspices of Dublin City Council. The primary aim of the Regulations is to prevent the illegal shipment of waste abroad, and to assist businesses engaged in legitimate waste export activities.

The NTFSO imposes charges on its customers with the aim of fully recouping costs incurred in the performance of its duties as competent authority for the purposes of the Waste Shipments Regulations. In March 2008, the then Department of Environment, Heritage and Local Government made a payment of €500,000 to Dublin City Council as a contribution towards the fit-out costs of the NTFSO, which had been established in July 2007. The NTFSO also received payments from the Department in 2009 of €560,000 and 2010 of €600,000 to assist with refund payments in cases where notified shipments were cancelled or where the volumes of waste shipped were less than the notified amount due to the downturn in the economy. The European Waste Shipments Regulation allows competent authorities to apply charges to waste notifiers in respect of the administrative costs of implementing the notification and supervision procedures and the NTFSO is now recouping its costs in full with no subvention from my Department.

Since April 2012, the NTFSO has implemented a fee in respect of minor infringements of the Waste Shipments Regulations, such as incomplete documentation as an enforcement tool. This was introduced following consultation with the Irish Waste Management Association.  The NTFSO’s Monitoring & Repatriation Fee Policy details specific incidents when these fees should be applied. A monitoring fee of €350 is applied in respect of the cost of investigating cases where a breach of the regulations occurred but no prosecution was taken. It should be noted that the NTFSO reserves the right to take legal action if it is warranted in certain circumstances, such as for repeated breaches of the Regulations or in relation to non-compliance with directions issued, and since 2009, the NTFSO has taken 31 successful prosecutions under the Waste Shipment Regulations with €59,000 in fines being imposed together with €92,791 in costs being awarded.

As the competent authority for Ireland, Dublin City Council is responsible for implementing an enforcement regime and applying penalties for non-compliance with the Waste Shipments Regulations. An enforcement team has been put in place for this purpose and to carry out joint inspections with various national and international organisations. Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for staffing and organisation arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible.

As Minister, I am precluded under Section 60(3) of the Waste Management Act 1996 from exercising any power or control in relation to the performance, in specific cases, by a local authority of their statutory functions under the Act. Notwithstanding, my Department is satisfied as to the efficiency of the TFS office operations and given past incidents concerning unauthorised movements of waste across the border, it is entirely appropriate that a robust system of checks and proportionate enforcement is deployed as deemed necessary by the TFS office.

Television Licences Data

Questions (485)

Maurice Quinlivan

Question:

485. Deputy Maurice Quinlivan asked the Minister for Communications, Climate Action and Environment the number of television licence inspectors employed by An Post in 2017 and 2018. [8697/18]

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Written answers

The information requested is an operational matter for the Board and management of An Post and not one in which I, as Minister, have a statutory function.

Television Licences Data

Questions (486)

Maurice Quinlivan

Question:

486. Deputy Maurice Quinlivan asked the Minister for Communications, Climate Action and Environment the number of prosecutions and convictions for the non-payment of a television licence in each of the years 2012 to 2017. [8698/18]

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Written answers

Under the Broadcasting Act, 2009, An Post is the designated agent, acting on behalf of the Minister, for the collection of the Television Licence fee. In line with the Act, An Post is charged with the issuing of these licences and also with the enforcement of the current licence fee regime. An Post makes every effort to bring evaders into the licensed pool and a considerable amount of time and resources are spent in dealing specifically with this issue. An Post concentrates its initial efforts on getting people to buy the licence when due and by following up with a series of reminder notices and inspector visits. Bringing people to court is a last resort and only carried out where all other means have failed.

The number of summons issued and cases brought to court between 2012 and 2017 are set out in the following table:

Year

Number of Summons applied for

Number of cases brought to court

2012

18,047

11,730

2013

21,761

14,307

2014

20,877

13,976

2015

17,763

12,302

2016

17,608

11,994

2017

17,288

11,693

Prosecutions for non-payment of TV licences are a matter for the Courts Service. Where a fine is imposed, this is collected by Gardaí. Statistics of those sent to prison for non-payment of fines are not provided to or maintained by An Post.

Road Traffic Accidents Data

Questions (487)

Niall Collins

Question:

487. Deputy Niall Collins asked the Minister for Transport, Tourism and Sport the number of accidents on the section of the M7 between Limerick and Roscrea over the past four years; the cause of each accident; the actions being taken by Transport Infrastructure Ireland, TII, to avert further recurrence; and if he will make a statement on the matter. [8141/18]

View answer

Written answers

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme.  The planning, design and operation of individual roads is a matter for Transport Infrastructure Ireland under the Roads Acts 1993-2015 in conjunction with the local authorities concerned. 

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

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

Garda Equipment

Questions (488)

Róisín Shortall

Question:

488. Deputy Róisín Shortall asked the Minister for Transport, Tourism and Sport the number of mouthpieces for a device (details supplied) that have been supplied to An Garda Síochána in each month since the introduction of the device; the number of mouthpieces outstanding from incomplete orders, in tabular form; and if he will make a statement on the matter. [8185/18]

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Written answers

The supply of the items referred to is the statutory responsibility of the Medical Bureau of Road Safety.  I have therefore referred the Question to the Bureau for direct reply.  I would ask the Deputy to contact my office if a response has not been received within ten days.

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