Dáil Éireann Debate, Tuesday - 21 July 2020
491. Deputy Neale Richmond asked the Minister for Agriculture, Food and the Marine if consideration has been given to implementing a solution to address the backlog of felling licences waiting to be processed; if staff numbers will be increased to manage the processing of same; his views on whether the process is too onerous on both applicants and officials; and if he will make a statement on the matter. [16522/20]
View answer492. Deputy Neale Richmond asked the Minister for Agriculture, Food and the Marine the average turnaround time for the processing of felling licences; if this is in line with target times set out in the Forestry Act 2014; the average turnaround time for the processing of appeals; and if he will make a statement on the matter. [16523/20]
View answer493. Deputy Neale Richmond asked the Minister for Agriculture, Food and the Marine his plans to reform the forestry and agricultural appeals regulation; if he will consider setting up a technical group to review possible improvements which could be made; and if he will make a statement on the matter. [16524/20]
View answerI propose to take Questions Nos. 491, 492 and 493 together.
The commencement of the Forestry Act, 2014 in May, 2017 brought about significant changes in the consent process for forestry operations. Felling licences are now valid for up to 10 years and may cover several felling events, such as thinning then clear felling on the same plot. Landowners considering future operations, have the opportunity of applying for a tree felling licence well in advance of any operations taking place.
I am acutely aware that delays in issuing licences has led to difficulties for some in the sector, although of course not all licence are used immediately. My Department is intensively engaging with all relevant stakeholders on these issues. The current licensing difficulties are as a result of the changes made to internal Appropriate Assessment Procedures (AAP). These were introduced in response to important Court of Justice of the European Union (CJEU) decisions and their subsequent interpretation by the Forestry Appeals Committee (FAC) and others. These findings meant that in order to grant licences which fully meet environmental requirements, fundamental changes to the licensing system were unavoidable. All licence applications are subject to a statutory public notification system.
I accept the current changes to procedures are very significant and they have been challenging to implement such is the scope and breadth of them, which has unfortunately meant that there have been delays in issuing licences. It has taken substantial resources and effort to introduce a robust and workable system, which meets the legislative requirements, and I believe we now have that in place. My Department's licensing decisions are being confirmed at the Forestry Appeals Committee, which gives confidence in these revised procedures.
My Department has a detailed project plan in place for dealing with the current backlog and new applications, which includes significant investment in extra resources required to deliver the plan. These resources are a combination of additional ecologists, forestry inspectors and administrative staff where required.
The project plan is a targeted, process-driven approach which prioritise files in a manner which will result in an increased number of licences being issued in the short-term and will deliver a return to expected timelines in the longer term. Applicants who have or are prepared to submit a Natura Impact Statement, where appropriate, will be prioritised.
A Project Management Board, with a dedicated Project Manager, will oversee and monitor delivery. There will be a continuous review of the process, in order to effect efficiencies. A communication plan to keep stakeholders fully and regularly informed of progress, with a dedicated central resource to deal with queries, is a key element of the project. While much of the success of the project plan lies with my Department, stakeholders also need to engage with it. This will require a commitment from forestry companies to submit applications that are of the required standard and quality, and to submit NISs in accordance with the guidance provided.
I am more than aware that the current situation is challenging, but it is a temporary disruption which, when resolved, will make for a better, more sustainable and fit-for-purpose forestry licensing system for many years to come.
The table below shows applications for felling licences received and decisions issued in 2018, 2019 and to 30th June, 2020; the percentage decisions issued within and over four months; the average number of days to decision. The objective under the Forestry Act 2014 is to issue a decision on a tree felling licence within four months.
|
- |
2018 |
2019 |
2020 |
|
Applications received |
6,600 |
3,175 |
758 |
|
Licences issued |
3,603 |
4,098 |
823 |
|
% issued within four months |
77% |
71% |
60% |
|
% issued over four months |
23% |
29% |
40% |
|
Average days to decision* |
109 |
185 |
215 |
* For decisions made in the year indicated.
The Forestry Appeals Committee (FAC) is operationally independent of my Department. For decisions of the FAC made on appeals received in 2019, the average number of weeks from appeal to decision was 33. There is a committment under the Programme for Government to implement the Mackinnon Report and to review the forestry appeals process to ensure that it is aligned with other comparable appeals processes. I am considering how best this might be achieved and expect to be announcing some efficiencies in this regard in the coming weeks.
