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Felling Licences

Dáil Éireann Debate, Thursday - 19 November 2020

Thursday, 19 November 2020

Questions (363, 364, 365, 366, 367, 368, 369)

Joe Carey

Question:

363. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine when a fourth division of the Forestry Appeals Committee will be established; and if he will make a statement on the matter. [37636/20]

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Joe Carey

Question:

364. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the number of days the new divisions of the Forestry Appeals Committee have sat to date; the number of days it is proposed that these new divisions sit per week; and if he will make a statement on the matter. [37637/20]

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Joe Carey

Question:

365. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the number and grade of staff that have been appointed to his Department to improve the processing of forestry licences; the number of additional staff that will be hired to improve the licensing process; and if he will make a statement on the matter. [37638/20]

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Joe Carey

Question:

366. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the number of FAC appeal hearings that are scheduled between now and the end of 2020; and if he will make a statement on the matter. [37639/20]

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Joe Carey

Question:

367. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine when the current backlog of appeals in the Forestry Appeals Committee is expected to be cleared; and if he will make a statement on the matter. [37640/20]

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Joe Carey

Question:

368. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the details, step-by-step of the appeals process with respect to forestry licences; and if he will make a statement on the matter. [37641/20]

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Joe Carey

Question:

369. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the number of staff employed by the Forestry Appeals Committee; the grades of the staff; and if he will make a statement on the matter. [37642/20]

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Written answers

I propose to take Questions Nos. 363 to 369, inclusive, together.

I am aware of the urgency to deal with the backlog of licence applications and appeal cases currently with my Department and with the Forestry Appeals Committee (FAC). We are committed to addressing the situation and have taken steps to improve matters by means of additional resources, a systematic approach to processing files and the reform of the appeals system.

I must note that the FAC is operationally independent of my Department and they schedule hearings and deal independently with all operational matters in relation to individual decisions and the conduct of hearings.

Forestry Appeals Committee

Since the introduction of the Forestry (Miscellaneous Provisions) Act 2020, I have moved quickly to appoint new members to the FAC, which comprises internal and external members. The appointment of three very experienced Deputies Chair means that with the existing Chair and two additional ordinary members, the Committee has operated in four divisions since 9th November, 2020.

The FAC hear both oral and non-oral hearing appeals. All appeals hearings are being held remotely due to Covid-19 restrictions and the hearings are conducted five days a week. The Committee has 71 appeals scheduled for November I understand.

The Agriculture Appeals Office, which also operates independently of my Department, provides Administrative support to the FAC and the Appeals Officers appointed to the Agriculture Appeals Office are also members of the FAC. There are thirteen Appeals Officers in the Appeals Office, four of which are permanently assigned to FAC while the remaining Officers carry out Agriculture Appeal duties and are rotated onto FAC as necessary. The Agriculture Appeals Office also has responsibility for providing administrative support to the FAC and this administrative support includes one Higher Executive Office, three Executive Officers and four Clerical officers. In addition, three planners have been contracted to assist the FAC in preparing documentation for the committees.

Forestry Licensing

There are currently 147 staff working across my Department's three Forestry Divisions comprising a combination of forestry inspectors, ecologists, archaeologists and administrative staff. There are 21 ecologists working on licensing files (16 fulltime equivalents), with sanction for an additional eight permanent ecologists.

My Department is recruiting 13 Forestry Inspectors, 10 of which will be working on licensing files. Eight of the 10 have been cleared by the Public Appointments Service and are in the final stages of joining the Department. These staff are coming on stream now. Four Temporary Forestry Inspectors have been recruited to assist with licensing and are on contract for another 9 months.

Regarding the backlog of files with the Ecology Unit, a project plan is now in place, which comprises the above-mentioned additional ecology and inspectorate resources; the continuous improvement of business processes; and, the establishment of a Project Management Unit to support monitoring, reporting and communicating with applicants, forestry companies and consultants.

Forestry Licence Appeals Process

When a decision on a forestry licence application issues, it is advertised on the gov.ie portal. 28 days is provided in which to bring an appeal, during this time, no forestry operations may commence. It is up to the FAC to decide on the validity of the appeal; to schedule any hearing; and, to issue a decision on the appeal. The FAC has set a fee of €200 to bring an appeal.

An appeal against a decision is notified to officials of my Department by the FAC and the licence is suspended. Officials prepare the file documentation and forward it to the FAC. They attend any hearing that is arranged and once the decision is notified, act accordingly, for example, to reinstate the licence.

The FAC has several options open to them in deciding an appeal. They may affirm the licence decision; vary it, which is usually to add, remove or amend a condition; or cancel the licence decision. Since the Forestry (Miscellaneous Provisions) Act commenced on 7th October, the FAC may also remit and set aside the licence decision, in which case the licence is returned to my Department for reassessment; or finally, they may substitute their own decision. The FAC will advertise decisions on their own website and will notify the parties to the appeal.

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