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Tuesday, 23 Oct 2018

Written Answers Nos. 506-523

Areas of Natural Constraint Scheme Payments

Questions (506)

Brendan Griffin

Question:

506. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when an areas of natural constraint, ANC, payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [43716/18]

View answer

Written answers

The person named submitted a 2018 Basic Payment/Areas of Natural Constraint Schemes application on   20th February 2018. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases remote sensing (i.e. satellite) inspections, be completed before any payments issue.

The application of the person named was selected for a remote sensing eligibility inspection. This inspection has been processed and the person named was notified of the initial findings on  18th October 2018.  The notification issued outlines the options available at this stage, namely to accept the findings or to submit comments to my Department for consideration. On completion of this process, the inspection outcome will be finalised and any payments due will issue to the nominated bank account of the person named as soon as possible.

Areas of Natural Constraint Scheme Payments

Questions (507)

Brendan Griffin

Question:

507. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when an areas of natural constraint, ANC, payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [43719/18]

View answer

Written answers

The person named submitted a 2018 Basic Payment/Areas of Natural Constraint Schemes application on the 15th May 2018. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.

The application of the person named was selected for a Remote Sensing inspection. This inspection identified over-declarations in area of between 3% and 10% of the area claimed. This resulted in the area determined being reduced by 0.75 times the difference between the area claimed and area determined, as required under the governing EU regulations. A letter detailing the initial inspection findings issued to the person named on 2nd of October 2018.  Based on my Department's records no acknowledgement of receipt of or comments were submitted on the inspection findings. Therefore the inspection findings have been processed to finalisation and a letter detailing the final outcome issued on 19th October 2018. In the event that the person named is dissatisfied with the outcome of the inspection they can request a review of this decision within 28 days of the date of this letter.

Payment due under the Areas of Natural Constraints Scheme is now being processed based on the outcome of the inspection and will issue to the nominated bank account of the person named shortly.

Local Authority Funding

Questions (508)

Peadar Tóibín

Question:

508. Deputy Peadar Tóibín asked the Minister for Agriculture, Food and the Marine the categories of funding available to local authorities through his Department; the amount of funding provided for each scheme in 2016 and 2017; and if he will make a statement on the matter. [43722/18]

View answer

Written answers

My Department makes funding available to local authorities in respect of a wide range of schemes (including demand-led schemes). The categories and the amount provided for each in 2016 and 2017 are set out in the table below:

Scheme

2016

2017

Control of Horses

853,868.64

706,673.36

Commission for Economic Development of Rural Areas

562,224.57

186,450.00

Fishery Harbour & Coastal Infrastructure Development Programme  

3,770,432.79

2,795,364.74

Forestry Grants

0.00

121,701.58

Forestry NDP Support 

2,286.00

0.00

Grants for Institutional R&D Food Sector

13,881.00

0.00

Haulbowline Island Licensing Project

2,259,209.27

3,957,131.64

School Milk Scheme

3,790.37

3,473.81

Total

7,465,692.64

7,770,795.13

Harbours and Piers Funding

Questions (509)

Thomas P. Broughan

Question:

509. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine if extra funding will be provided for additional berthage at Dún Laoghaire Harbour and Dublin Port; and if he will make a statement on the matter. [43755/18]

View answer

Written answers

My Department owns, operates and maintains six designated State-owned Fishery Harbour Centres, located at Castletownbere, Dingle, Dunmore East, Howth, Killybegs and Ros An Mhíl under statute. In addition, my Department also has responsibility for the upkeep and maintenance of North Harbour at Cape Clear, as well as the maintenance of a small number of specific piers, lights and beacons throughout Ireland, in accordance with the 1902 ex-congested Districts Board piers, lights and Beacons Act.

Dún Laoghaire-Rathdown County Council is responsible for the maintenance and development of Dún Laoghaire Harbour in the first instance; the Council's parent Department is the Department of Housing, Planning and Local Government.

As indicated, my legislative remit does not extend to Dún Laoghaire Harbour, and given that the ownership of, and overall responsibility for the Harbour rests with the County Council, it is the Council who will decide if it wishes to carry out any further development of Dún Laoghaire Harbour.

My Department does however provide limited funding to assist coastal Local Authorities in carrying out small scale projects for the development and repair of Local Authority owned piers, harbours and slipways under the annual Fishery Harbour & Coastal Infrastructure Development Programme, subject to available Exchequer funding and overall national priorities.

Any application for funding from Dún Laoghaire-Rathdown County Council in relation to Dún Laoghaire Harbour under future programmes will be given due consideration in the context of the criteria set out and available Exchequer funding.

Under the Harbours Act of 1996, the Dublin Port Company was established as stand-alone economic entity with a mandate to sustain and grow the business of Dublin Port. Any queries in relation to the future development of Dublin Port should be directed to the Dublin Port company.

Aquaculture Licences

Questions (510)

Clare Daly

Question:

510. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the reason high levels of microplastics found in farmed shellfish here would be different from that farmed in the UK in view of surveys showing high levels of microplastics in shellfish farmed in the UK; and if he will suspend the licensing of shellfish aquaculture here pending further studies. [43801/18]

View answer

Written answers

My Department is advised by the Marine Institute that while it is clear from several studies that micro-plastics are present in the environment and can be filtered by bivalve shellfish, there is little evidence on the impact to human health of such micro-plastic pollution.

Applications for aquaculture licences are considered by my Department in accordance with the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act and applicable EU legislation.

The licensing process includes a period of statutory and general public consultation in respect of applications and licensing decisions are made following the fullest consideration of all aspects of each application including environmental, technical and public interest aspects. 

Aquaculture Regulation

Questions (511)

Clare Daly

Question:

511. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if his Department tested for microplastics in farmed shellfish and finfish here prior to awarding an organic label to the industry. [43802/18]

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Written answers

My Department remains the Competent Authority under EU regulations but has delegated the certification function to independent control bodies, in accordance with the relevant EU regulations and in common with the practice in many other countries across the EU.  The control bodies in question act under formal service agreements with my Department and are themselves subject to audit by my Department, by INAB (the Irish National Accreditation Board) and by the various EU audit authorities. 

The organic status of food products including shellfish and finfish here in Ireland is certified by rigorous on-going assessment undertaken on behalf of my Department by the Organic Control Bodies referred to above.  While tests for micro plastics are not specifically undertaken, my Department is advised by the Marine Institute that while it is clear from several studies that micro-plastics are present in the environment and can be filtered by bivalve shellfish, there is little evidence on the impact to human health of such micro-plastic pollution.

Aquaculture Regulation

Questions (512)

Clare Daly

Question:

512. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will withdraw the organic label from shellfish in the interest of public health until the levels of microplastics in farmed shellfish here can be assessed. [43803/18]

View answer

Written answers

My Department is advised by the Marine Institute that while it is clear from several studies that micro-plastics are present in the environment and can be filtered by bivalve shellfish, there is little evidence of the impact on human health of such micro-plastic pollution.

Applications for aquaculture licences are considered by my Department in accordance with the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act and applicable EU legislation.

The licensing process includes a period of statutory and general public consultation in respect of applications and licensing decisions are made following the fullest consideration of all aspects of each application including environmental, technical and public interest aspects. 

My Department remains the Competent Authority under EU regulations but has delegated the certification function to Organic Control Bodies, in accordance with the relevant EU regulations and in common with the practice in many other countries across the EU. The organic status of operators in the food sector including shellfish and finfish here in Ireland is certified by rigorous on-going assessment undertaken on behalf of my Department by these Organic Control Bodies.  The control bodies in question act under formal service agreements with my Department and are themselves subject to audit by my Department, by INAB (the Irish National Accreditation Board) and by the various EU audit authorities. 

Based on the fact that there is little evidence on the impact on human health of such micro-plastic pollution I have no plans at present to withdraw the organic label from shellfish. 

Aquaculture Regulation

Questions (513, 514)

Clare Daly

Question:

513. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the reason his Department is taking more than 12 months to investigate breaches of licence conditions at specific salmon farms operated by a company (details supplied). [43804/18]

View answer

Clare Daly

Question:

514. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the specific dates of the engineering reports that started the investigations by his Department into breaches of licence conditions at sites operated by a company (details supplied). [43805/18]

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Written answers

I propose to take Questions Nos. 513 and 514 together.

My Department is currently conducting a formal examination of possible breaches of licence conditions at a number of aquaculture sites operated by the company referred to by the Deputy.  The sites in question and the dates of the applicable engineering inspections are as follows:

- Roancarrig, Co Cork.          Engineering Inspections 23rd July 2013, 10th June 2014, 8th June 2015.  

- Deenish, Co Kerry.              Engineering Inspection 2nd July 2015.

- Inishfarnard, Co Cork.      Engineering Inspection 28th  July 2016. 

- Lough Swilly, Co Donegal. Engineering Inspection 7th July 2017. 

- Inver Bay, Co. Donegal.      Engineering Inspection 14th November 2017.

Examinations of possible breaches of licence conditions are carried out by my Department as quickly as possible having regard to the technical, scientific and legislative complexities involved in each case.

Aquaculture Licence Appeals

Questions (515)

Clare Daly

Question:

515. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine his views on whether it is acceptable that a public body such as the Aquaculture Licence Appeals Board can refuse to explain the basis for its recent decision to double the permitted production capacity at a site operated by a company (details supplied) without public consultation; and if this is a breach of the Aarhus Convention. [43806/18]

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Written answers

The purpose of the Aquaculture Licences Appeals Board (ALAB) is to provide an independent authority for the determination of appeals against decisions of the Minister for Agriculture, Food and the Marine on aquaculture licence applications. 

All determinations and the reasons for those determinations made by the Aquaculture Licences Appeals Board are published on its website.  The determination and reasons for the determination in this particular case is available on the ALAB website, link as follows:

http://www.alab.ie/media/alab/content/boarddeterminations/2018/ALABDetermination100518.pdf.

It should be noted that aquaculture licence appeals are operational matters for the independent Aquaculture Licences Appeals Board and I have requested the Board to respond directly to the Deputy.

Aquaculture Licence Appeals

Questions (516)

Clare Daly

Question:

516. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if members of the board of the Aquaculture Licence Appeals Board or members of the board's staff received communications, written or oral, relating to the board's consideration of an appeal or his decision to amend the licence for a salmon farm at Inishfarnard, County Cork, contrary to section 31 of the Fisheries (Amendment) Act 1997. [43807/18]

View answer

Written answers

The purpose of the Aquaculture Licences Appeals Board is to provide an independent authority for the determination of appeals against decisions of the Minister for Agriculture, Food and the Marine on aquaculture licence applications.  Issues in relation to communications, written or oral, to Board members or staff regarding a specific appeal are  operational matters for the Aquaculture Licence Appeals Board and I have requested the Aquaculture Licence Appeals Board to respond directly to the Deputy on the specific information requested in relation to those matters.

Sheep Welfare Scheme Data

Questions (517)

Michael Healy-Rae

Question:

517. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if the case of a person (details supplied) regarding a sheep welfare form will be examined; and if he will make a statement on the matter. [43819/18]

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Written answers

An application was received under the Sheep Welfare Scheme from the person named on 24 January 2017.  Under the terms and conditions of the scheme, applicants to the scheme are required to submit the annual Sheep Census return within the required deadlines.  In the case of this application a query arose as to the date the Sheep Census return for 2017 was received. 

Following a review of this case, the applicant forwarded a  receipt of postage to the Sheep Census section to clarify the position and the date of receipt of the sheep census was amended accordingly.  The applicant has been fully paid with respect to the 2017 scheme year and following the amendment to the date of receipt of the sheep census, the 2018 Sheep Welfare application will continue to be processed.

GLAS Payments

Questions (518)

Michael Healy-Rae

Question:

518. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a GLAS payment for a person (details supply); and if he will make a statement on the matter. [43853/18]

View answer

Written answers

The person named was approved into GLAS 2 with a contract commencement date of 1 January 2016 and has received all payments in respect of scheme year 2016.

An issue arose for 2017 in relation to GLAS claims on a LPIS parcel without a reference/MEA area.

The person named has been previously advised to contact the Department's Basic Payment Section directly in relation to this issue.

Animal Feedstuffs

Questions (519)

Charlie McConalogue

Question:

519. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the level of grant aid paid by his Department or by the agencies under its remit in each of the years 2011 to 2017 in respect of the provision of animal feed compounding facilities and-or feed milling facilities; and if he will make a statement on the matter. [43900/18]

View answer

Written answers

My Department did not provide any direct grant aid assistance to feed mills during the period 2011-2017. 

However, in conjunction with my colleague the Minister for Business, Enterprise and Innovation, Ms. Heather Humphreys TD, a €300 million Brexit Loan Fund was announced in April 2018 which enables companies to access  lower cost funding on more competitive and favourable terms. Feed manufacturing companies and feed mills that meet the eligibility criteria would be in a position to avail of these reduced cost loans.

In addition, Enterprise Ireland provides a number of investment funds to industry including Job Expansion and various sector specific Capital Investment Programmes. Projects apply directly to Enterprise Ireland and work with EI staff to present applications to the various committees for approval.

Broadband Service Provision

Questions (520)

Eugene Murphy

Question:

520. Deputy Eugene Murphy asked the Minister for Communications, Climate Action and Environment the status of a contract to supply broadband to a school (details supplied) in County Galway; when progress will be made on the issue; and if he will make a statement on the matter. [43304/18]

View answer

Written answers

The school referred to by the Deputy is in the AMBER area on the High Speed Broadband Map which is available on my Department's website at www.broadband.gov.ie. The AMBER areas represent the target areas for the proposed State led Intervention under the NBP and is the subject of an ongoing procurement process.

The procurement process to appoint a bidder for the State intervention network is now at the final stage with evaluation ongoing of the final tender received on 18 September. The Taoiseach has asked Mr. Peter Smyth, the independent process auditor to the NBP procurement to review the process. Mr. Smyth will submit a report to the Taoiseach and to me as Minister for Communications, Climate Action and Environment within three weeks. This review will take place in parallel to the evaluation being carried out by the Department’s procurement team on the final tender for the plan.

For those premises currently awaiting access to high speed broadband, practical initiatives will continue to be addressed through the work of the Mobile Phone and Broadband Task force to address obstacles and improve connectivity in respect of existing and future mobile phone and broadband services.

Under this Task force, 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. The Department of Rural and Community Development maintain a list of Broadband Officers, a link to which is available on my Department's website at

https://www.dccae.gov.ie/en-ie/communications/topics/Broadband/national-broadband-plan/Pages/NBP-Information-Leaflets.aspx.

National Broadband Plan

Questions (521, 525, 527, 537)

Timmy Dooley

Question:

521. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if he will provide the terms of reference for the review of the national broadband plan tender process to be conducted by a person (details supplied); and if he will make a statement on the matter. [43350/18]

View answer

Timmy Dooley

Question:

525. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if he will provide a timeline for the completion of a review (details supplied) of the tendering process for the national broadband plan. [43354/18]

View answer

Timmy Dooley

Question:

527. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if he is satisfied that the remaining bidder in the national broadband plan has not broken protocols with regard to interactions with his Department; the actions he will undertake if the bidder was found to have broken these protocols; and if he will make a statement on the matter. [43356/18]

View answer

Timmy Dooley

Question:

537. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the rationale for not including conversations between the CEO of a company (details supplied) and his predecessor in a review; and if he will make a statement on the matter. [43462/18]

View answer

Written answers

I propose to take Questions Nos. 521, 525, 527 and 537 together.

The terms of reference for the independent NBP process auditor's review of the National Broadband Plan procurement process have been finalised and are available at https://merrionstreet.ie/en/News-Room/Releases/National_Broadband_Plan_Procurement_Process_-_Terms_of_Reference_for_Review_by_Mr_Peter_Smyth.html.

These terms of reference include timeline and scope and empower the Process Auditor, at his own discretion, to review all relevant documentation held by the Department and/or to seek written or oral inputs from any relevant parties.

I await the outcome of the review.

Metropolitan Area Networks Programme

Questions (522, 524)

Timmy Dooley

Question:

522. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if he will conduct a review of the relationship between his Department, a person (details supplied) and a company in the context of the extension of a concession agreement for the metropolitan area networks; and if he will make a statement on the matter. [43351/18]

View answer

Timmy Dooley

Question:

524. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if he will conduct a review of the relationship between a person (details supplied) and his Department on issues not related to the national broadband plan; and if he will make a statement on the matter. [43353/18]

View answer

Written answers

I propose to take Questions Nos. 522 and 524 together.

My Department entered into two Concession Agreements with enet Ltd., a privately owned company in 2004 and 2009 respectively, following two separate public procurement processes. These agreements set out the terms under which enet is required to manage, operate and maintain the Metropolitan Area Networks. In March, 2017, following detailed consideration of available options by the Department, the Concession Agreements were extended to 2030, i.e. Concession Agreement I was extended by 10 years and Concession Agreement II by 6 years. 

The Concession Agreements each provide for an option to extend the term of the agreements for up to a maximum period of 10 years. I am informed that the decision to extend the agreements is in compliance with EU and national procurement regulations and was informed by legal advice and advice from external consultants.

Departmental Meetings

Questions (523)

Timmy Dooley

Question:

523. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if officials met representatives of a fund in the context of the sale of the shares of a company (details supplied); the nature of those meetings; and if he will make a statement on the matter. [43352/18]

View answer

Written answers

In 2017, the Irish Infrastructure Fund acquired a majority 78% shareholding in enet. I understand from the Department that in accordance with the terms of the Concession Agreement, enet notified the Department of the change of ownership arising from the sale of its shares and officials did not meet with representatives of the Irish Infrastructure Fund in relation to the transaction.

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