Written Answers Nos. 157-176
157. Deputy Billy Kelleher asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 194 of 8 November 2018, the details of EU agricultural state aid rules and regulations in question; and the ceilings that apply for each regulation. [47649/18]
View answerMy Department has responsibility for the implementation of the State Aid rules and regulations governing the agricultural sector. There are three separate regulations, details of which are outlined below:
- Commission Regulation (EU) No 1408/2013 on the application of de minimis aid in the agriculture sector – aid granted under this Regulation does not need to be notified to the European Commission. Aid can only be granted to undertakings active in the primary production of agricultural products. The individual ceiling is set at €15,000 over a three year rolling period, while the national ceiling is set at €66,280,000 over a rolling three year period.
- Commission Regulation (EU) No 702/2014 – the Agriculture Block Exemption Regulation. This Regulation applies to micro, small and medium sized enterprises active in primary agricultural production and the processing and marketing of agricultural products. Aid granted under this Regulation must be notified to the European Commission, through a simplified notification procedure. The aid intensity can vary from 100% of the eligible costs being paid to 40%, depending on the particular measure under which a scheme operates. There are no specific ceilings per se under this Regulation, however, individual aid which exceeds €7.5 million for certain measures or €500,000 for other measures would not be eligible to receive aid. Aid in excess of these amounts would need to be notified under the European Union Guidelines for State Aid in the agricultural and forestry sectors and in rural areas.
- The European Union Guidelines for State Aid in the agricultural and forestry sectors and in rural areas applies in principle to SME’s and large enterprises active in primary agricultural production, the processing of agricultural products resulting in another agricultural product and the marketing of agricultural products. Aid granted under these Guidelines requires full notification to the European Commission. Notification thresholds under the Guidelines start from €7.5 million.
As outlined in my reply to PQ No 194 of 8 November 2018, the Department of Business, Enterprise and Innovation has responsibility for the general de minimis regulation 1407/2013.
158. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if he will publish the March 2017 report received from a company (details supplied) regarding the extension of concession agreements for the metropolitan area networks; and if he will make a statement on the matter. [47441/18]
View answerAn external report on extending or re-tendering the Management Services Entity for the Metropolitan Area Networks was completed by Norcontel in June 2016. This report proposed that the preferred option, based on the analysis, was to extend the current concession agreements. A redacted version of this report was released following a recent Freedom of Information request. The redacted report including the reason for any redaction is available on the Department's website at the following link: https://www.dccae.gov.ie/documents/FOI2018141.pdf
159. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the procurement processes that have been referred by his Department to the Office of Government Procurement in each of the years 2011 to 2017; and if he will make a statement on the matter. [47442/18]
View answerMy Department has engaged with the Office of Government Procurement (OGP) for procurement support and advice on an as needed basis since that Office commenced operations in 2014.
My Department has recourse to OGP’s Schedule of Supplier Frameworks and Contracts when procuring goods and services. 60 contracts have been awarded by my Department under these centralised arrangements since 2014 as set out in the table below.
|
Framework/Contract |
Procurement Process |
No. Contracts Awarded |
|
Accounting, audit and financial & economic services |
Mini-Competition |
3 |
|
Advertising |
Mini-Competition |
11 |
|
All of Government business & management consultancy and advisory services and other related services |
Mini-Competition |
5 |
|
Customised envelopes |
Mini-Competition |
1 |
|
Electrical goods (White goods & small appliances) |
Mini-Competition |
1 |
|
Freedom of information training |
Mini-Competition |
1 |
|
Light catering equipment |
Mini-Competition |
1 |
|
Managed business process support services |
Mini-Competition |
1 |
|
Manufacture, supply, fit and delivery of corporate uniforms to the Public Service |
Mini-Competition |
1 |
|
Multi-purpose office paper for printing & photocopying |
Mini-Competition |
5 |
|
National health & safety training, consultancy & advisory services |
Mini-Competition |
4 |
|
Personal protective equipment (PPE) and work wear |
Mini-Competition |
2 |
|
Pest control services |
Mini-Competition |
1 |
|
Photography |
Mini-Competition |
1 |
|
Printing |
Mini-Competition |
6 |
|
Stationary & office supplies |
Mini-Competition |
2 |
|
Supply & delivery of catering consumables and disposable products |
Mini-Competition |
1 |
|
Supply and Installation of desks, pedestals and storage units |
Mini-Competition |
1 |
|
Supply of electricity |
Mini-Competition |
2 |
|
Supply of natural gas to central Government |
Mini-Competition |
2 |
|
Supply of panel vans and SUVs |
Mini-Competition |
2 |
|
Taxi services to Public Bodies in greater Dublin region |
Mini-Competition |
2 |
|
Travel management services |
Mini-Competition |
2 |
|
Waste management |
Mini-Competition |
1 |
|
Water coolers, water bottles, point of use, service & water cups |
Mini-Competition |
1 |
|
Total |
60 |
Furthermore, the Education Procurement Service, who operate with the OGP under the National Procurement Model, has managed an additional 7 procurement processes directly on behalf of Geological Survey Ireland, a line Division within my Department.
160. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the number of concession agreements in place between his Department and private companies since 2003; the number that have been extended for a period of three years or more; the number for which independent legal and procurement advice was commissioned; the number of these in which advice was received to not proceed with the procurement process; and if he will make a statement on the matter. [47443/18]
View answer161. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the number of concession agreements that have been extended to provide certainty to telecommunications service providers in the market since 2011; and if he will make a statement on the matter. [47444/18]
View answerI propose to take Questions Nos. 160 and 161 together.
Since 2003, twelve Concession Agreements with private companies have been in place in my Department. Independent legal and procurement advice was sought in five of these cases and in no instance did the advice received recommend not to proceed with the procurement process.
Four of these twelve Concession Agreements related to telecommunications services. Two related to the management of the Emergency Call Answering Service (ECAS) and two related to the management of the Phase I and the Phase II Metropolitan Area Networks (MANs). The term of the 2009 ECAS contract was extended by two separate 12-month periods, the latter ending on 14 July 2017. These decisions were informed by legal advice. In March 2017, in compliance with EU and national procurement regulations and informed by legal advice and the advice of external consultants, the two MAN’s Concession Agreements were extended to co-terminate in 2030 to provide certainty to telecommunications service providers in the telecoms market.
A total of six of these Concession Agreements have been extended for periods of three years or more, all of which contain extension / renewal provisions. Three of these Agreements have since expired.
162. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if he is satisfied that the extension of the concession agreement for the metropolitan area networks followed Office of Government Procurement guidelines; if not, the reason it did not follow these guidelines; and if he will make a statement on the matter. [47445/18]
View answer169. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if the assistance of the Office of Government Procurement was requested with regard to the extension of the concession agreement for the MANs; and if he will make a statement on the matter. [47452/18]
View answerI propose to take Questions Nos. 162 and 169 together.
The Department commenced two public procurements for a Concessionaire to manage operate and maintain the Metropolitan Area Networks Phases 1 and 2 in 2003 and 2007 respectively in compliance with national and EU procurement regulations. Contract notices for both procurements were published in the Official Journal of the European Union.
On completion of the procurement processes in 2004 and 2009, each Concession Agreement provided for an initial term of 15 years with an option to extend each Agreement for up to 10 years. Following a detailed review of the options to extend the Agreements or re-tender and, informed by legal advice and advice from external expert consultants, it was decided to extend both Agreements to 2030. As both Agreements contain explicit provisions to extend the term of the Agreements by up to 10 years, no procurement was undertaken.
163. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the expected take-up rate for the national broadband plan; and if he will make a statement on the matter. [47446/18]
View answerThe National Broadband Plan (NBP) aims to ensure high speed broadband access (minimum 30 megabits per second) to all premises in Ireland. This is being achieved via a combination of commercial investment and a State led intervention.
The expected take up-rate for the State intervention area in the NBP is a matter for the ongoing procurement process.
More generally, information on broadband connections, including high speed broadband, is available from ComReg through the Quarterly Key Data Report for Q2 2018, available at www.comreg.ie.
Eir reports data to my Department in relation its ongoing rural fibre deployment in accordance with the Commitment Agreement signed in April 2017. According to Quarter 3 2018 figures provided by eir to my Department the company has passed almost 210,000 premises as part of its ongoing deployment and that the take up is in line with the trajectory anticipated by eir when it commenced this commercial investment. The rate of take up along eir's 300k deployment has increased throughout 2018. This increase is expected to continue as eir proceeds to pass and connect further premises every month and as awareness of the availability of high speed broadband improves and retailers offer a choice and variety of communications packages over the network.
164. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the position regarding contingency planning in the event that the national broadband plan tendering process cannot continue; and if he will make a statement on the matter. [47447/18]
View answerThe final tender for the contract to roll out the National Broadband Plan State intervention was received by my Department on 18 September and evaluation of that tender submission is ongoing. I do not propose to speculate on the outcome of an ongoing tender evaluation.
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. This review is taking place in parallel with the evaluation being carried out on the Final Tender by the Department’s evaluation team.
165. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if he is provided with quarterly reports with regard to the metropolitan area networks; if so, the nature of the reports; if he will release those reports; and if he will make a statement on the matter. [47448/18]
View answerenet, as part of its contractual obligations under the MSE I and MSE II Concession Agreements submits quarterly reports to the Department in relation to the Phase I and Phase II Metropolitan Area Networks (MANs). These reports include financial, operational and administrative information that is commercially sensitive and confidential and therefore the reports are not made publically available.
166. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the position with regard to the introduction of supports for the newspaper industry; and if he will make a statement on the matter. [47449/18]
View answerIn recognition of the importance of a free and independent press, the print media sector is not subject to any sector specific regulation by the State. Rather, the Press Council of Ireland and the Office of the Press Ombudsman were established by industry to safeguard and promote professional and ethical standards in Irish newspapers and magazines. These bodies have been formally recognised under s. 44 of the Defamation Act 2009, which falls under the responsibility of my colleague, the Minister for Justice and Equality.
My role as Minister in respect of the print media relates to the administration of the media mergers regime, which was created as a result of amendments made to the Competition Act 2002 by the Competition & Consumer Protection Act 2014. All media mergers must be notified to me as Minister and I must make a determination whether or not the proposed media merger may proceed based on an assessment of its impact on the plurality of media in the State.
Therefore while I have no specific role in relation to the funding of print media, I acknowledge the challenges faced by newspapers and the importance of quality journalism within an open and democratic society.
167. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the position with regard to section 71 of the Broadcasting Act 2009 and advertising provided by television channels in the context of the departure of the United Kingdom from the European Union; and if he will make a statement on the matter. [47450/18]
View answerAs the Deputy will be aware, Government approval was obtained last year to draft a number of legislative amendments to the Broadcasting Act 2009. This included amendments to section 71.
Given the possibility that some UK based broadcasters will look to establish a base in Ireland following Brexit, it is considered that the current provision should be amended in anticipation of this possibility. At present, section 71 broadcasters are not subject to paying the Broadcasting Authority of Ireland (BAI) levy. Section 71 is, however, the only way in which new entrants, including traditional linear broadcasters, can establish themselves to provide broadcasting services in Ireland. This amendment, therefore, proposes to amend the levy provisions to allow for the possibility of bringing section 71 broadcasters within the scope of the BAI levy.
The Joint Oireachtas Committee on Communications, Climate Action & Environment considered the amendments under Pre-Legislative Scrutiny and published their report on March 8th. The Bill is currently being drafted by Parliamentary Counsel and is included as a priority on the Government's Legislative Programme.
Should a broadcaster establish itself in the State by obtaining a section 71 licence, that broadcaster would be subject to the advertising rules and codes provided for in the Broadcasting Act 2009.
168. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if the estimated cost of the national broadband plan now stands at €3 billion; and if he will make a statement on the matter. [47451/18]
View answerAs outlined in response to previous Questions in this matter, the cost required to bring high speed broadband services to the 540,000 premises in the NBP State intervention area will be determined through the NBP State intervention procurement process.
170. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment the amount in legal costs awarded against his Department following a High Court case versus the Information Commissioner and a person (details supplied) regarding the 2009 municipal area network concession agreement; and if he will make a statement on the matter. [47508/18]
View answerI refer the Deputy to the reply to Question no. 855 of 6 November 2018. As an appeal is ongoing in Court of Appeal, I have no further information at this time.
171. 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. [47523/18]
View answerThe premises referred to by the Deputy is in the LIGHT BLUE area of the High Speed Broadband Map, which is available on my Department's website at www.broadband.gov.ie. The LIGHT BLUE areas are where eir is in the process of deploying high speed broadband to 300,000 premises on a commercial basis.
Under a Commitment Agreement signed with my Department in April 2017, eir is in the process of passing 300,000 predominantly rural homes with high speed broadband. According to data for Q3 2018 submitted by eir to my Department the company has passed almost 210,000 premises nationwide as part of its ongoing deployment. This data is to be published on my Department’s website shortly.
Information on eir's planned rural deployment is available at http://fibrerollout.ie/eircode-lookup/.
I understand that an official from my Department has been in contact with owner of the premises referred to by the Deputy in relation to this matter.
172. Deputy Clare Daly asked the Minister for Communications, Climate Action and Environment if his attention has been drawn to the fact that leakage of methane during fracking, processing and transport to here means that the Shannon LNG project, for which permission was extended by An Bord Pleanála in July 2018, will be more harmful to the climate than a new coal-fired power station; and the way in which this decision by An Bord Pleanála fits with Ireland’s urgent obligations to move away from harmful fossil fuels and towards renewable energy. [47561/18]
View answerThe 2015 Energy White Paper Ireland's Transition to a Low Carbon Energy Future sets out a road-map for Ireland to reduce its Greenhouse gas emissions by 80-95% by 2050. The strategy is clear that non-renewable energy sources will make a significant – though progressively smaller – contribution to our energy mix over the course of the energy transition. The National Mitigation Plan, published in July 2017, restates the Government’s commitment to move from a fossil fuel-based electricity system to a low-carbon power system. Investment in further renewable generation will be incentivised.
Ireland’s energy policy is fully aligned with the EU’s climate and energy objectives on the transition to decarbonisation, which includes continuous and on-going review of policies to reduce harmful emissions, improve energy efficiency, incentivise efficient and sustainable infrastructure investment, integrate markets, and promote research and innovation while ensuring our energy security of supply is maintained and enhanced.
During this transition, gas has the potential to deliver significant and sustained benefits, particularly in terms of enhanced security of supply. Natural Gas 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. In Ireland gas powered generation also provides an important back-up for intermittent renewable wind generation.
The Deputy will appreciate that the LNG project to which the Deputy refers is a private commercial project and any future investment decisions on the development of this project are a matter for the project promoter.
An Bord Pleanála is independent in the exercise of its functions and a copy of its decision in relation to the Shannon LNG project is on the An Bord Pleanála website.
173. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment if his Department is part of the public sector energy reporting programme; if so, the percentage of improvement in energy efficiency to date that has been achieved; the way in which this was achieved; if his Department noted a decrease in energy efficiency in view of the National Energy Efficiency Action Plan for energy efficiency targets; if targets will be met by the 2020 deadline; and if he will make a statement on the matter. [47586/18]
View answerThe public sector has a target to improve its energy efficiency by 33% by 2020. All Public sector Bodies are legally required to report their energy performance annually to the Sustainable Energy Authority of Ireland (SEAI). The Monitoring and Reporting (M&R) System, established by SEAI on behalf of my department, enables public bodies and schools to track their energy efficiency performance and facilitates them in their energy management.
The most recently published data (available from SEAI Annual Report 2017 on Public Sector Energy Efficiency Performance) covers the period to end 2016. It shows that my department had by then achieved a cumulative 19.9% energy improvement. In 2017, the department launched the Public Sector Energy Efficiency Strategy (PSEES) which was approved by Government to support the additional effort needed to meet the 33% target. The Group my Department heads comprises 16 bodies, including the Department itself, is one of the strongest performing groups, having achieved 31% energy efficiency to end 2016.
This improved energy performance in my department was achieved by:
- participation in the OPW Optimising Power @ Work (OP@W) initiative;
- introduction of a Building Management System to enable better energy monitoring and management;
- upgrading the heating system in the Department's HQ building to allow for zonal targeting and switch off during holiday periods;
- rollout of energy efficient networked printers and photocopiers;
- upgrading to more efficient LED lights, where appropriate;
- insulation works in part of our HQ building;
- energy awareness days and efficiency notices displayed throughout the buildings.
Further energy efficiency opportunities will be identified as part of a recent energy audit under the OP@W initiative. This should provide a basis to deliver further energy efficiency improvements.
I fully expect that when the figures for 2017 are published later this month they will show a further significant efficiency improvement for the department. Based on progress to date I remain confident that my Department and its Group will be successful in achieving the 2020 target. We will also continue to work with other Departments through the Governance structures set up under the PSEES, with the assistance of SEAI and the OPW, to provide guidance and support to the Departmental Energy Performance Officers and their groups to manage their performance so that the overall national target can be achieved.
174. Deputy Imelda Munster asked the Minister for Transport, Tourism and Sport if the construction of the A5 upgrade to a dual carriageway from Derry city and County Donegal to County Monaghan will be equally co-funded. [47483/18]
View answerThe current funding arrangements in relation to the A5 are governed by the Stormont House Agreement and Implementation Plan - A Fresh Start. This Agreement reaffirmed the Government's commitment to provide funding of £50 million for the A5 project and committed an additional £25 million towards the cost of Phase 1 of the project (Newbuildings to north of Strabane).
The funding allocated to my Department as part of the 2017 Capital Plan Review includes financial provision for meeting the Government's commitment regarding the A5 in three £25 million (sterling) tranches over the period 2019 to 2021. The project is the subject of legal proceedings at present.
175. Deputy Fiona O'Loughlin asked the Minister for Transport, Tourism and Sport the extent to which he expects to be in a position to approve the necessary expenditure to increase the number of rail carriages serving north County Kildare commuter routes; and if he will make a statement on the matter. [47520/18]
View answer178. Deputy Sean Sherlock asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the urgent need to provide additional carriages on the Waterford to Dublin line in view of continued overcrowding from a station (details supplied) in County Kildare. [47539/18]
View answerI propose to take Questions Nos. 175 and 178 together.
As Minister for Transport, Tourism and Sport I have responsibility for policy and overall funding in relation to public transport. The National Transport Authority (NTA) has responsibility for ensuring the development and delivery of public transport infrastructure in the Greater Dublin Area including, in consultation with Iarnród Éireann, the provision of rail fleet.
In light of the NTA's responsibility on this matter, I have referred the Deputies' questions to the NTA for a more detailed reply. Please advise my private office if you do not receive a reply within 10 working days.
176. Deputy Fiona O'Loughlin asked the Minister for Transport, Tourism and Sport if he will re-examine the fare structure on the commuter train lines with specific reference to Newbridge, County Kildare which has not been included in a recent fare restructuring; and if he will make a statement on the matter. [47521/18]
View answerThe National Transport Authority (NTA) has responsibility for regulating fares charged by public transport operators. I have therefore forwarded the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
