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Tuesday, 21 Jul 2020

Written Answers Nos. 491-510

Felling Licences

Questions (491, 492, 493)

Neale Richmond

Question:

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]

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Neale Richmond

Question:

492. 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]

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Neale Richmond

Question:

493. 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]

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Written answers

I 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.

Fishing Licences

Questions (494)

Brendan Griffin

Question:

494. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a fishing licence will be granted to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [16539/20]

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Written answers

The Fisheries (Amendment) Act 2003 transferred the functions of sea-fishing boat licensing from the Minister to the Licensing Authority for Sea-fishing Boats, which operates on an independent basis subject to criteria set out in that Act and Ministerial Policy Directives. The Licensing Authority is the Registrar General of Fishing Boats, an official of the Department of Agriculture, Food and the Marine or, under the superintendence of the Registrar General, the Deputy Registrar General of Fishing Boats. All applications for sea-fishing boat licences are considered by the Licensing Authority.

I have made enquiries of the Registrar General who advises me that an application has been received from the individual. This has been duly processed, and a letter of offer issued to them by post on 5th May. The offer of a licence conveyed in respect of the vessel is subject to compliance with certain conditions including, inter alia, requirements for the applicant to prove ownership of the vessel, to satisfy safety requirements and to provide replacement capacity in the form of gross tonnes and kilowatts for the relevant segment or sub-segment at a ratio of 1:1 under the strict EU entry/exit regime.

Capacity in the form of gross tonnage and engine power is not an asset owned by the Department or by the Licensing Authority. It is a privately-owned tradable asset that, with certain exceptions, may be sold, traded or realised as a financial asset on the tonnage market. Only off-register capacity (i.e. capacity from a vessel which has been removed from the Fishing Boat Register) may be sold or traded etc. All transfers of capacity must be approved by the Licensing Authority.

Under fleet segmentation/sub-segmentation rules provided for in Ministerial Policy Directives, capacity being used to introduce (i.e. license and register) a vessel must be taken out of the same segment or sub-segment into which the vessel is being introduced. The transfer of capacity between Segments and Sub-segments is prohibited.

Following compliance by the applicant of all of the licence offer conditions, a non-operative licence will be issued in order for the vessel to be entered on the Register of Fishing Boats and to be licensed to fish on receipt of an endorsed registration application from a Local Registrar of Shipping.

Ministerial Advisers

Questions (495)

Catherine Murphy

Question:

495. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine the number of advisers and special advisers appointed by him since becoming Minister; the starting annual salary of each person appointed by him; if an open interview process was conducted for each appointee; the duration and terms of each contract issued to each adviser and special adviser; and if an advisory role has been split to facilitate job sharing in tabular form. [16555/20]

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Written answers

On the commencement of every Dáil, the Department of Public Expenditure and Reform issues guidelines setting out the arrangements for the staffing of Ministerial Offices. The Guidelines for the 33rd Dáil are currently awaiting Government approval.

It should be noted that the appointment of individual Special Advisers is a matter for each Government Minister subject to the terms set out in the aforementioned guidelines, although the appointments are also subject to formal Government approval. At this stage, no Special Advisers have been formally appointed to my Department by the Government. However, the Deputy may wish to note that I have assigned one person to work with me as Special Adviser and that person will be formally appointed by the Government once the Guidelines have been approved.

Bord Iascaigh Mhara

Questions (496)

Brendan Griffin

Question:

496. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the reason for the delay in allocations by Bord Iascaigh Mhara under the fisheries local area action group fund; when allocations are expected; if there was a funding cut in 2020 to the fund; and if he will make a statement on the matter. [16595/20]

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Written answers

My Department's €240 million European Maritime and Fisheries Fund (EMFF) Progranmme 2014-20 is the principal source of development funding for the fisheries, aquaculture and seafood processing sectors. The Programme includes a €12 million Fisheries Local Action Group Scheme which aids community and micro enterprise projects in fisheries and aquaculture communities, mostly projects concerning the seafood and wider maritime sectors.

Approval of grants under the EMFF FLAG Scheme is an operational matter for BIM in association with the board of each of the seven FLAGs, who are responsible for selecting projects for funding. I understand from BIM that the first round of 2020 grant offers under the FLAG scheme is due to be issued imminently to successful projects.

While my Department sets the budget for schemes over the course of the 7 year EMFF Programme, the annual allocation within BIM's vote for individual schemes is an operational matter for BIM.

Targeted Agricultural Modernisation Scheme

Questions (497)

Michael Healy-Rae

Question:

497. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a farm grant application by a person (details supplied); and if he will make a statement on the matter. [16603/20]

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Written answers

The person named has submitted an application under TAMS II, tranche 17 under the Animal Welfare Safety and Nutrient Storage Scheme. This application has passed the initial administrative checks required and will be subject to the ranking and selection process. Ranking and selection is the process of ranking each application in each tranche using certain pre-defined criteria. If the application is successful at this stage, it will then be subject to technical checking and if the application passes these checks, approval will issue in writing to the applicant concerned.

Details of the criteria for all TAMS II measures including the Animal Welfare Safety and Nutrient Storage Scheme are available on the Department's website.

Horse Racing Ireland

Questions (498)

Willie O'Dea

Question:

498. Deputy Willie O'Dea asked the Minister for Agriculture, Food and the Marine if he has spoken to the Chief Executive Officer of Horse Racing Ireland recently; if so, the issues discussed; and if he will make a statement on the matter. [16615/20]

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Written answers

Horse Racing Ireland (HRI) is a commercial State Body responsible for the overall administration, promotion and development of the horse racing industry.

My predecessor, together with Ministers of State Hackett and Heydon and officials from my Department met the CEO, the Chairperson of the Board and officials from HRI on Tuesday 14th July 2020.

The items discussed included:

- HRI’s Strategic Plan 2020 to 2024;

- the impact of Covid 19 on the Industry, and on the Racecourses in particular;

- the operation of the Tote;

- the scope for biodiversity measures at the Racecourses;

- and anticipated impacts of Brexit on the Industry.

It is my intention to meet with all the State Bodies under the aegis of my Department in the near future.

Targeted Agricultural Modernisation Scheme

Questions (499)

Michael McNamara

Question:

499. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if a grant application will be expedited for a person (details supplied) in County Clare; and if he will make a statement on the matter. [16617/20]

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Written answers

The person named has submitted an application under TAMS II, tranche 17 under the Animal Welfare Safety and Nutrient Storage Scheme. This application has passed the initial administrative checks required and will be subject to the ranking and selection process. Ranking and selection is the process of ranking each application in each tranche using certain pre-defined criteria. If the application is successful at this stage it will then be subject to technical checking and if the application is successful, approval will issue in writing to the applicant concerned.

Details of the criteria for all TAMS II measures including the Animal Welfare Safety and Nutrient Storage Scheme are available on the Department's website.

Greyhound Industry

Questions (500)

Catherine Murphy

Question:

500. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to instances of greyhounds being used in the racing sector that are pups bred from litters outside of the permitted threshold in the past two years to date; the sanctions he can impose on breeders and or the Irish Greyhound Board as a result of these breaches; if his officials have investigated these matters; and if he will make a statement on the matter. [16622/20]

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Written answers

Bord na gCon (BnG) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. Bord na gCon is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.

Section 26 of the Greyhound Industry Act 1958 establishes the Irish Coursing Club (ICC) as the controlling authority for the breeding of greyhounds in Ireland. All matings are registered with the ICC in addition to litter declarations. The Irish Greyhound Stud Book is statutorily maintained by the ICC.

Pursuant to Article 3 of the Greyhound Industry (Racing) Regulations S.I. 302 of 2007, it is a requirement for a greyhound to be registered with the ICC before it can race at a Bord na gCon licensed track. Currently a greyhound first comes to the attention of BnG when it is presented for its first trial at around 13 months.

The Deputy refers to a “permitted threshold” related to the breeding of greyhounds. Article 11 of the Welfare of Greyhound Act, S.I. 29 of 2011, confines any breeder of a greyhound brood to 6 litters during the lifetime of the brood. Two additional litters are permissible under this legislation on the mandatory provision that a veterinary practitioner certifies with the ICC, that such breeding does not present a risk to the health or welfare of the brood.

BnG has informed me that it is not aware of any breach of this legislative provision, nor has any been reported in the last two years and accordingly BnG is not, nor has been involved, in any related investigatory activity. The ICC has also informed my Department that there has been no report of any breach of the limits placed on mating/litter.

My Department has no role in the monitoring or enforcement of the thresholds referred to by the Deputy.

Harbours and Piers

Questions (501)

Pádraig MacLochlainn

Question:

501. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if he will review and reverse the decision of his predecessor not to continue with the almost €9 million of public money invested into the breakwater project adjoined to Greencastle Harbour, County Donegal to ensure that this project, abandoned at an incomplete stage, is now taken to fruition. [16643/20]

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Written answers

Greencastle Harbour is owned by Donegal County Council and responsibility for its maintenance and development rests with that Local Authority in the first instance, and its parent Department, the Department of Housing, Planning and Local Government, thereafter.

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 Marine Works (Ireland) Act 1902, and piers, lights and beacons constructed under the auspices of the Congested Districts Board.

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

My Department co-funded and project managed works on phase one of a larger Greencastle Harbour development programme up to 2011, which involved the construction of a rock breakwater. Phase one of this project was jointly funded by the Department of Agriculture, Fisheries and Food, the Department of Community, Rural and Gaeltacht Affairs and Donegal County Council. The agreed funding breakdown was: 75% to be paid by the Department of Agriculture, Fisheries and Food, 12.5% to be paid by the Department of Community, Rural and Gaeltacht Affairs and 12.5% to be paid by Donegal County Council.

Funding of €8.35m was provided by my Department for this project between the years 2006 – 2010. Funding for capital projects was, of necessity, significantly reduced due to the economic conditions prevalent in 2010. Funding of €453,000 was provided for in my Department’s 2011 capital programme to enable the Department to suspend the project in a safe and acceptable manner. In February 2012, my Department formally handed back responsibility for the Greencastle Harbour Project to Donegal County Council, following completion of works to safeguard the partially constructed breakwater.

When Donegal County Council decide on the exact programme of works they wish to carry out, and the costing and timescale for those works, and notify their full intentions in this respect, the matter can be considered further in the context of Government priorities.

My Department does provide limited funding to assist the 14 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 and Coastal Infrastructure Development Programme, subject to available Exchequer funding and overall national priorities. Since 2010, Donegal County Council has received funding of € 3.1m under this programme.

Funding of €3.1m has been approved for the Local Authority element of my Department’s 2020 Fishery Harbour and Coastal Infrastructure Development Programme. Donegal County Council has secured funding of €433,500 under this programme, to undertake 7 Harbour Development and 4 Marine Leisure projects. Of this funding, €90,000 has been allocated to repair works at Greencastle Harbour.

Maritime Safety

Questions (502)

Pádraig MacLochlainn

Question:

502. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if he will review and reverse the decision of his predecessor not to honour the commitment to construct a sea survival centre at the National Fisheries School at Greencastle, County Donegal. [16644/20]

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Written answers

This proposed project by Bord Iascaigh Mhara (BIM) has been assessed in the wider context of the provision of existing specialised professional sea survival training facilities within the State and the cost, both construction and operational, of such a facility.

There are existing professional sea survival training facilities based at the National Maritime College of Ireland, Ringaskiddy, Co Cork. These facilities are a unique resource in Ireland and designed both for fundamental safety training and specialised survival training, to increase survival ability in emergency situations. The purpose built facilities are available for the provision of all necessary and required training for fishers across the State.

There are no plans to proceed with an additional similar facility within the State.

Targeted Agricultural Modernisation Scheme

Questions (503)

James Browne

Question:

503. Deputy James Browne asked the Minister for Agriculture, Food and the Marine when he will approve TAMS II tranche 17 funding; and if he will make a statement on the matter. [16661/20]

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Written answers

Tranche 17 of TAMS II closed on 5 June 2020. Under this tranche 4,952 new applications were received. These applications, together with those rolled over from tranche 16, bring the total number to be considered to 5,430.

The process is that these applications must pass the initial administrative checks required and are then subject to the ranking and selection process. Ranking and selection is the process of ranking each application in each tranche using the pre-defined criteria. The processing of all these applications is underway and approvals will commence in the coming weeks.

The indicative allocation for the TAMS II scheme over the course of the Rural Development Programme is €395 million. To date, €228 million has been paid across all the available schemes and a further €77m in approvals have yet to be claimed by applicants. Expenditure is being monitored on a weekly basis.

Fisheries Protection

Questions (504)

Seán Sherlock

Question:

504. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine the status of a species (details supplied) in Irish waters [16667/20]

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Written answers

Under Regulation (EU) 2019/1241, on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, it is prohibited to fish for, retain on board, tranship, land, store, sell, display or offer for sale basking shark.

Regulation (EU) 2019/1241 is given effect in Irish law by the Sea Fisheries (Technical Measures) Regulations 2019 (S.I. No. 520 of 2019). The Regulation also requires that when caught accidentally, the shark shall not be harmed and must promptly be released back into the sea.

Beef Industry

Questions (505)

Danny Healy-Rae

Question:

505. Deputy Danny Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will provide a beef regulator for farmers to ensure they are paid a fair price by the factories. [16684/20]

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Written answers

As the Deputy will be aware, there is a commitment in the new Programme for Government to the establishment of a new authority called the National Food Ombudsman (NFO) to enforce the Unfair Trading Practices Directive.

The NFO will have a specific role in reporting on price and market data in Ireland, but the Deputy should be aware, the Ombudsman will not have a role in determining prices for beef or any other commodity.

Afforestation Programme

Questions (506)

Brendan Griffin

Question:

506. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding the backlog of forestry applications [16795/20]

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Written answers

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 all licences are not 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 have appointed a project management team to take a number of measures, including the deployment of additional staff and resources to address the issues.

Veterinary Inspection Service

Questions (507)

John McGuinness

Question:

507. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine his plans to transfer the responsibility for vet inspections of abattoirs, slaughterhouses and meat plants from county councils to his Department. [16825/20]

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Written answers

All meat processing and slaughter plants whose meat is destined for human consumption must meet the requirements set out in detailed EU regulations relating to food safety, animal health and welfare.

Large scale slaughter plants operate under the supervision of my Department, while smaller scale abattoirs are supervised by the Local Authority Veterinary Service.

My Department has no plans to take over the statutory obligations currently carried out by the Local Authority Veterinary Services.

Beef Industry

Questions (508)

John McGuinness

Question:

508. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if he has received a submission from the beef crisis discussion group; if he has met the group; if not, his plans to meet the group; his strategy to deal with the issues and the plan put forward by the group; and if he will make a statement on the matter. [16826/20]

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Written answers

I can confirm that a representation was received by my office on behalf of the Beef Crisis Discussion Group last week. A response to the issues raised is being prepared and a reply will be issued in due course.

My Department and I engage on an ongoing basis with sector stakeholders on a range of issues.

The Programme for Government outlines the priorities regarding agriculture, including, with regard to the Beef Sector:

1. Ensuing the Beef Market Taskforce implements the agreement reached with stakeholders in the beef sector.

2. Ensuring greater transparency, cooperation, and fairness in the beef industry throughout the supply chain – from farm to fork.

3. Ensuring that the challenges beef farmers have been dealing with are recognised and supported under the next CAP.

4. Encourage the establishment of more producer organisations in the beef sector, to provide farmers with the opportunity to build strength in the marketplace.

5. Work at EU level for the development of a Protected Geographical Indicator (PGI) for Irish beef.

6. Prioritise funds for the promotion of beef in key markets through Bord Bia.

7. Acknowledge the important and unique role that the suckler sector plays in the beef industry and commit to developing supports that recognise this critical role.

Greyhound Industry

Questions (509)

Catherine Murphy

Question:

509. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if additional funding has been released to the Irish Greyhound Board in respect of works to be carried out at Mullingar greyhound stadium; and if he will make a statement on the matter. [16829/20]

View answer

Written answers

Bord na gCon is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. Bord na gCon is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.

My Department has not released any additional funding in respect of works to be carried out at Mullingar greyhound stadium.

Greyhound Industry

Questions (510)

Catherine Murphy

Question:

510. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if the Irish Greyhound Board is compliant with fire safety regulations at each track it operates; the number of inspections carried out at tracks in the past three years to date; the outcomes of same; and if he will make a statement on the matter. [16830/20]

View answer

Written answers

Bord na gCon is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. Bord na gCon is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.

The question raised by the Deputy is an operational matter for Bord na gCon and therefore the question has been referred to the body for direct reply.

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