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Wednesday, 28 Apr 2021

Written Answers Nos. 413-431

Tourism Industry

Questions (413, 420)

Bernard Durkan

Question:

413. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media her plans for the recovery of the tourism sector nationally in the event of getting Covid-19 under control; and if she will make a statement on the matter. [22329/21]

View answer

Bernard Durkan

Question:

420. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she anticipates a reasonable recovery of the tourism sector in all areas nationally in 2021; if she expects to develop new programmes to encourage tourism in Ireland and abroad in the near future in the event of Covid-19 being brought under control; and if she will make a statement on the matter. [22338/21]

View answer

Written answers

I propose to take Questions Nos. 413 and 420 together.

It is too early to predict what kind of a recovery the tourism sector will experience in 2021, but I continue to work closely with my colleagues in Government in respect of reopening society and the economy, informed by the epidemiological situation, the evolution of testing technologies, progress being made on the vaccination programme and public health advice.

I am committed to continuing support for tourism through this difficult period. Together with horizontal measures introduced by Government, such as the EWSS and the CRSS, the sector-specific measures I have introduced to date, including the Tourism Business Continuity Scheme, the schemes for Inbound Tour Operators and Coach Tourism Operators, the Covid Adaptation Scheme, and the Outdoor Dining Scheme are key in helping tourism businesses to survive and adapt.  Government has also made it clear that there will be no 'cliff-edge' end to supports.

 As part of the National Economic Recovery Plan, Government will be outlining how it will help people return to work and further support sectors which have been disproportionately affected by the pandemic.  Along with my colleagues in Government, I will consider more targeted measures to help reboot those sectors, such as tourism, which will face particular challenges during the recovery phase when the economy reopens.  

The Tourism Recovery Taskforce presented the Tourism Recovery Plan 2020 – 2023 to me on September 30th last. The Plan makes a number of recommendations to help tourism businesses to survive, stabilise and recover from the COVID pandemic. Those recommendations have provided significant input into Government deliberations in considering measures to assist the sector.   The Tourism Recovery Oversight Group presented its first report to me in February, setting out progress to date in the implementation of the Tourism Recovery Plan, as well as areas it identified as requiring attention. The Oversight Group noted and welcomed the progress that has been made to date, both in terms of the broader employee and business supports and the tourism-specific measures I have introduced. The reports produced by the Group can be accessed on www.gov.ie/tourismrecoverytaskforce 

I continue to engage with the sector on a regular basis and in particular through the Hospitality and Tourism Forum.  This forum was established by the Tánaiste and I last year in order to provide a platform to assess the continuing impact of the pandemic, to help improve understanding and responses to the crisis and to discuss ideas for recovery measures, thus assisting the Government in formulating its on-going response to the crisis. The Forum has met three times to date and is scheduled to meet for the fourth time next month. 

In line with our Programme for Government commitments, the development of a new national tourism policy, which will have sustainability at its core, will commence later this year when the sector begins to recover from the COVID-19 crisis. This new policy will set out a path for the coming years which will support a sustainable recovery and subsequent growth in the sector. Tourism has proven itself resilient before and I am confident that, with the support of Government, it will recover from this crisis and thrive again.

General Data Protection Regulation

Questions (414)

Bernard Durkan

Question:

414. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which she will address the protection of privacy given the global tendency by various media outlets to avoid compliance with legislation in this regard; and if she will make a statement on the matter. [22330/21]

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Written answers

My Department has no role in relation to protection of privacy by media or other entities.

The Data Protection Commission, which comes within the remit of the Department of Justice,  is the relevant authority to oversee compliance with Data Protection legislation.

Broadcasting Authority of Ireland

Questions (415)

Bernard Durkan

Question:

415. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the steps she can take to discourage breaches of compliance with best regulatory media practice; and if she will make a statement on the matter. [22331/21]

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Written answers

The monitoring of compliance with regulatory codes in relation to media is a matter for the relevant regulatory bodies and not one in which I, as Minister, have any function.

The monitoring of compliance with broadcasting codes and rules is an operational matter for the Broadcasting Authority of Ireland.

Print media is a self regulated industry with the Press Council of Ireland having responsibility for the formulation of codes of practice and addressing breaches of same.

In relation to the regulation of harmful online content, the General Scheme of the Online Safety and Media Regulation Bill provides for the appointment of an Online Safety Commissioner as part of a wider Media Commission to oversee the new regulatory framework for online safety. The Commissioner will govern this new framework through binding online safety codes and robust compliance, enforcement and sanction powers.  Online safety codes will deal with a wide range of issues, including measures to be taken by online services to tackle the availability of harmful online content, for example cyberbullying material, on their services.  

The Bill will also transpose the revised Audiovisual Media Services Directive into Irish law.  It will place the regulation of video on-demand services on a direct statutory footing and align the regulation of such services with television broadcasting services.

Arts Promotion

Questions (416, 421, 422)

Bernard Durkan

Question:

416. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which she expects to be in a position to assist in the promotion of the arts post-Covid-19 given the challenges arising; and if she will make a statement on the matter. [22332/21]

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Bernard Durkan

Question:

421. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which she expects to be in a position to create a greater interest in Irish culture with a view to maximisation of economic benefit in the future; and if she will make a statement on the matter. [22339/21]

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Bernard Durkan

Question:

422. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which she directly or indirectly expects to be in a position to promote an interest in Irish culture, history and the arts with particular reference to young persons; and if she will make a statement on the matter. [22340/21]

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Written answers

I propose to take Questions Nos. 416, 421 and 422 together.

My Department is engaged in measures to promote cultural activity among young people through the Creative Ireland Programme. My Department is a key partner with the Department of Education in the delivery of Creative Youth, the plan for children and young people under Creative Ireland.

The delivery of this plan includes two key measures: the Creative Schools initiative, led by the Arts Council with support from both Departments, and Creative Clusters which is led by Department of Education in association with Education Support Centres Ireland.

Ireland launched the Creative Youth Plan, a strategy to enable the creative potential of every young person, in December 2017. Seeking to create a place where knowledge and creativity are equal partners in the formation of our young people giving them an opportunity to become creative, active citizens, Creative Youth sets out measures to

- Expand young people’s access to creative initiatives and activities,

- Focus on the inclusion of every child, and

- Support positive and sustainable outcomes for children and young people through creative engagement across formal and non-formal settings.

The Creative Ireland Programme has seen many significant contributions to achieving the best possible outcomes for children and young people. Enhancing arts and creativity initiatives in school-based settings has been complemented by improving cross-sectoral collaboration to support creativity for children and young people in the community.

Harnessing the creative potential of our people and communities is a cornerstone of the Creative Ireland Programme, and particularly through our Creative Communities initiative. In each of the 31 local authorities the Creative Ireland Programme has established a Culture and Creativity Team which brings together local expertise in arts, culture, heritage, libraries, enterprise and community engagement, to foster collaboration and spark new initiatives. A local Creative Ireland Co-ordinator has also been appointed for each local authority. With the help of local artists, creatives, cultural and heritage organisations and community groups across the country, each local authority created a five-year Culture and Creativity Strategy 2018 – 2022. These are locally-led and designed to enable people to work together to transform their communities, their lives and their environment through creativity.

The Arts Council is the Irish government agency for developing the arts. The Council works in partnership with artists, arts organisations, public policy makers and others to build a central place for the arts in Irish life. The Arts Council supports and promotes children and young people’s engagement with the arts from birth to early adulthood.

The UN Convention on the Rights of the Child, ratified by Ireland in 1992, recognises children’s right to participate in the arts and cultural life; and to express themselves freely in the medium of their choice, including in the form of art. The Convention also recognises children’s right to an education that enables them to develop to their full potential. The Arts Council considers opportunities for children to learn and develop artistic skills, and to experience the arts, as essential to realising these rights.

Arts Promotion

Questions (417)

Bernard Durkan

Question:

417. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which she and her Department continue to promote specific programmes promoting the Irish arts and culture in Ireland and abroad; and if she will make a statement on the matter. [22333/21]

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Written answers

In 2021, the arts, culture, audio-visual and live entertainment sectors have been allocated Government resources of €135m (74%) more than the amount allocated at the beginning of 2020.  Of this I have allocated an additional €50m to the Arts Council bringing its 2021 funding to €130m allowing it to help artists, arts workers and arts organisations come through this crisis and play their part in the national recovery; €9m has been allocated to Screen Ireland bringing its funding to just over €30m in 2021.

I have secured funding of €50m for live performance events to take place in 2021 in venues across the country. Following exceptional demand for the pilot Live Performance Support Scheme  in 2020, a fund of €25m is  now being made available through my Department for 2021. The scheme will provide significant job opportunities in the live performance sector. It will support the continued production of high quality artistic output, as was demonstrated during the pilot phase of the Live Performance Support Scheme, which recently provided thousands of days of employment to hundreds of musicians, actors, crew and technicians when no other opportunities were available.

As a further support measure for those in the live music entertainment industry, I recently announced funding of up to €14m for a new scheme to make a contribution to the overheads of businesses that have been significantly negatively affected by COVID-19 and that do not qualify for other business supports. Self-employed businesses whether sole traders, partnerships and incorporated entities operating exclusively within the commercial live entertainment sector are eligible to apply.

€5m will be allocated by my Department to local authorities to facilitate programming of outdoor live performances in summer 2021 animating town centres for local communities, should public health considerations permit. It will allow for the procurement by local authorities of performances by local performers. Performances can be recorded or streamed if health restrictions prevent live events. Local authorities will be encouraged to engage events companies to develop and deliver a programme of performances.

A separate €5m is being made available for a scheme of capital supports for the commercial live entertainment sector. This will be applied to supporting the installation of high quality recording and streaming facilities in venues through a competitive grant application process.

€1 million was allocated for the St. Patrick’s Festival 2021 to support the employment of performers, producers, artists, technicians, creatives and support staff. With gatherings still restricted, SPF 2021 curated a rich and dynamic programme of events involving hundreds of artists, musicians, performers, creators, and community organisations that will be broadcast on the St. Patrick’s Festival TV online channel over six days and nights, marking the national day.

Through Culture Ireland's programmes my Department continues to promote Irish arts abroad. These include a regular grant round programme which operates on the basis of 5 grant rounds per year and currently supports online presentation of Irish artists globally.

Culture Ireland also continues to operate its showcase programme, designed to generate further opportunities for Irish artists by supporting the presentation of their work to international programmers.

Recent activity includes the digital showcasing of  11 Irish bands as part of the Music from Ireland Showcase at South by Southwest in Austin, Texas in 18 – 19 March. Upcoming is The Great Escape, (usually an in-person event in Brighton, GB) from 13 – 15 May where five recorded performances will be showcased online.

Culture Ireland for the first time ever curated an online 5 day festival running from 17-21 March which was designed to celebrate Irish arts worldwide at a time when Irish artists normally travel the globe, presenting and sharing our culture on international stages. The festival, entitled SEODA, was an ambitious programme to ensure Irish artists reached audiences worldwide, including the diaspora and new audiences where Irish artists may not have travelled previously. The festival was also available free online in Ireland.

Sport and Recreational Development

Questions (418)

Bernard Durkan

Question:

418. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the degree to which she expects the reopening of the sporting sector in the event of controlling Covid-19, having particular regard to the need for a special effort in the circumstances; and if she will make a statement on the matter. [22334/21]

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Written answers

The issue of the further reopening of the sports sector will be a matter for decision by the Government. 

The Government has published the COVID-19 Resilience and Recovery Plan 2021 – The Path Ahead and has in that context agreed that the public health restrictions will be subject to ongoing review taking account of the evolving epidemiological situation and available evidence in relation to vaccine deployment, uptake and effectiveness.

Any easing of measures should be slow and gradual with sufficient time between phases to assess impact and to respond if the epidemiological situation was to deteriorate. It will take account of emerging international and national evidence and experience and with a specific focus on supporting mental health and wellbeing. The Government will meet before the end of the week to consider the next phase of the reopening based on public health advice and taking account of the engagement with the sector. 

Question No. 419 answered with Question No. 343.
Question No. 420 answered with Question No. 413.
Questions Nos. 421 and 422 answered with Question No. 416.

Departmental Funding

Questions (423)

Bernard Durkan

Question:

423. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which she remains satisfied regarding the adequacy of her Department’s budget for 2021 with regard to the challenges ahead; and if she will make a statement on the matter. [22341/21]

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Written answers

The 2021 total gross funding allocation for my Department amounts to €1.082bn.  This allocation represents an increase of some €79m or 8% on the 2020 allocation as published in the Further Revised Estimates for my Department.  The 2020 figures themselves include additional funding of €183m secured during 2020.  

The increased funding secured for 2021 reflects the important role played by the sectors supported by my Department across our economy and our society.  The funding is testament to my commitment, and the commitment of Government, to ensure that there are a range of robust funding streams and targeted measures available to support resilience and recovery across these sectors including:

- A new €55m support fund for strategic tourism businesses

- €50m in support for live entertainment industry

- Record funding of €130m for the Arts Council

- €8m to provide for the transfer of the National Symphony Orchestra to the National Concert Hall

- Over €78m funding allocation for Gaeltacht and Irish language sector

- Total funding of €31.8m for Údarás na Gaeltachta

- Funding for Sport Ireland of €104.5m

- Increased funding of €40.7m for TG4

- Additional funding for Irish language broadcasting to meet New Decade New Agreement commitments

As Minister, I will continue to work with all stakeholders to ensure the adequacy of the allocations available across the sectors to support recovery and to further enhance resilience in these sectors as we move from pandemic to recovery.

Question No. 424 answered with Question No. 343.

Sports Funding

Questions (425)

Bernard Durkan

Question:

425. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which she expects to be in a position to assist the various sporting organisations nationally by way of grants or other assistance throughout the course of 2021; and if she will make a statement on the matter. [22343/21]

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Written answers

A Covid-19 funding package of €88.5 million was provided last year to support the sport sector. This significant investment benefited all levels of the sport sector, including thousands of grassroots clubs across the country, and provided some certainty for sporting organisations in their planning for 2021.

I fully recognise that the financial and operational challenges associated with Covid-19 will continue well into this year and many sporting organisations and clubs are facing financial challenges again this year. 

Last week, Sport Ireland announced the allocation of €40 million in funding to support sport at all levels, through its annual grant funding schemes for National Governing Bodies, Local Sports Partnerships and high performance athletes. 

Additional funding of €26 million was allocated for Sport Ireland in Budget 2021 which will ensure that we can continue to support our valued sport sector.  This includes funding to provide for supports to the sector to meet the ongoing challenges of Covid-19. Decisions in relation to how this funding will be allocated and the criteria to be applied will be made by Sport Ireland in the coming months as the financial position of the sector becomes clearer.

Sport Ireland is in ongoing communication with NGBs and is assessing the financial needs of the sector for this year.  In addition, I am engaging with NGBs both bilaterally and through the Covid-19 Sports Monitoring Group, which met most recently on 9 April, with regard to the supports required.

Sports Funding

Questions (426)

Bernard Durkan

Question:

426. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which her Department is expected to offer further capital sports grants in the sporting sector throughout 2021; and if she will make a statement on the matter. [22344/21]

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Written answers

The Sports Capital and Equipment Programme (SCEP) is the primary vehicle for Government support for the development of sports and physical recreation facilities and the purchase of non-personal sports equipment throughout the country.

The 2020 round of the SCEP closed for applications on Monday 1 March. By the closing date, 3,106 applications were submitted seeking over €200m in funding. This is the highest number of applications ever received.

The scoring system and assessment manual for the 2020 round has now been finalised and is available at www.sportscapitalprogramme.ie. Given the record number of applications and the detailed information contained in each application, the assessment process will take a number of months to complete.  It is envisaged that allocations to applications for equipment- only will be made first during the Summer with allocations to other capital projects announced before the end of the year.   

In relation to larger projects, the National Sports Policy published in 2018 provided for the establishment of a Large Scale Sport Infrastructure Fund (LSSIF). The National Development Plan provided a capital allocation of at least €100m over the period to 2027 for the Fund. The aim of the fund is to provide support for larger sports facilities where the Exchequer investment is greater than the maximum amount available under the SCEP. 

Approximately €86.4m of this allocation has already been awarded to 33 proposals and the priority in the short term is on advancing these projects. While it is not proposed to open the LSSIF for new applications at present, my Department is undertaking a review of the LSSIF which is expected to be complete in the coming months. This review will consider, inter alia, progress on all existing grants and whether any additional grants should be awarded including to previously unsuccessful applications. The timing of any new call for proposals will also be considered. Any new allocations or a new call for proposals will be dependent on receiving additional funding for the LSSIF following the completion of the review of the National Development Plan.

Swimming Pool Programme

Questions (427)

Bernard Durkan

Question:

427. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which she proposes to fund swimming pools in 2021 having particular regard to the interest likely to be generated in the sport arising from the Olympic Games; and if she will make a statement on the matter. [22345/21]

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Written answers

In relation to swimming pools, my Department's direct role is to provide capital support for the construction of pools and the Department has no role in the day-to-day running of these facilities.

The Local Authority Swimming Pool Programme (LASPP)  provides grant aid towards the capital costs of new swimming pools or the refurbishment of existing pools. To date 52 pools have been completed and three swimming pool projects (Lucan, Buncrana and Edenderry) remain in the programme. 

Exchequer support for any new swimming pool projects is now being provided under the Large Scale Sport Infrastructure Fund (LSSIF).  The LSSIF was launched in 2018 to provide Exchequer support for larger sports facility projects including swimming pools with at least €100m being made available over the period to 2027. Provisional grants to 8 swimming pool projects under the LSSIF were awarded in January 2020. Those projects are now at various stages of a due diligence process. While it is not proposed to open the LSSIF for new applications at present, my Department is undertaking a review of the LSSIF Programme which is expected to be complete in the coming months. This review will consider, inter alia, progress on all existing grants and whether any additional grants should be awarded. The timing of any new call for proposals will also be considered. Any new allocations or a new call for proposals will be dependent on receiving additional funding for the LSSIF following the completion of the review of the National Development Plan.

In relation to future swimming pool needs, the National Sports Policy 2018 -2027 (NSP), launched on 25 July 2018, commits to the development of a National Swimming Strategy. This will involve close collaboration with relevant Government Departments, Local Authorities, sporting bodies and other stakeholders. As part of this, there will be a review of swimming pool provision to identify where gaps exist and how these can be met. Furthermore, a Sport Action Plan, covering the period to end 2023 is nearing completion and will be published shortly. It is envisaged that the development of a national swimming strategy will be significantly progressed as a priority action in the early stages of that Action Plan.

Sports Facilities

Questions (428)

Gary Gannon

Question:

428. Deputy Gary Gannon asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she will provide a list of playing pitches in Dublin city which details the number of all-weather pitches available to clubs, schools and the public in tabular form. [22360/21]

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Written answers

My Department does not maintain a list of the facilities referred to and this would appear to be a matter for the relevant local authorities in the first instance.

In relation to my Department’s role, the Sports Capital and Equipment Programme (SCEP) is the primary vehicle for Government support for the development of sports and recreation facilities and the purchase of non-personal sports equipment throughout the country. It is open to any organisation with a suitable sporting project, including a local authority, to apply for funding. Details of previous allocations under the programme can be found at https://www.gov.ie/en/collection/471ed5-sports-capital-allocations/

In the longer term, Sport Ireland is currently rolling out a project to develop a National Database of Sport & Recreation Amenities including the facilities referred to by the Deputy. This is progressing, with a two-year plan laid out towards full implementation.

Departmental Transport

Questions (429)

Darren O'Rourke

Question:

429. Deputy Darren O'Rourke asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the estimated cost of replacing State vehicles which are owned by her Department or agencies under her remit with hybrid or electric models; and if she will make a statement on the matter. [22572/21]

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Written answers

As I advised the House in my reply to Parliamentary Question No. 578 of 24th March (https://www.oireachtas.ie/en/debates/question/2021-03-24/578/#pq_578), my department does not operate any vehicles. In the course of that reply, I also provided details of vehicles owned or leased by those bodies under the aegis of my Department.

Decisions regarding the replacement of such vehicles with electric or hybrid models and the timing of such decision are a matter for the individual bodies concerned. As the Deputy will appreciate, such actions will be subject to a range of considerations including consideration of overall vehicle requirements in the context of emerging business needs, the availability of suitable alternatives, the asset disposal policies of the bodies concerned, etc. While I am strongly supportive of a move to more sustainable vehicle fleet across Government, it is not possible to give a meaningful estimate of such costs at this time.

Local Authority Services

Questions (430)

Seán Sherlock

Question:

430. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage if wet pubs will be included in his proposed waiver for street furniture. [21225/21]

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Written answers

Under the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission.

Furthermore, section 254 of the Act provides for a street furniture licensing system for prescribed appliances and structures, placed on, above, under or along a public road, including footpaths. Under article 201(b) of the Regulations, a street furniture licence is required for "tables and chairs outside a hotel, restaurant, public house or other establishment where food is sold for consumption on the premises". The fee payable under the street furniture licensing regime for the erection of tables and chairs outside such establishments is provided for in Schedule 12 of the Regulations and is set at €125 per table. The proposed temporary fee waiver for tables and chairs placed outside such establishments, which was discussed at the Joint Oireachtas Committee on Housing, Local Government and Heritage on 27 April 2021 will only apply in respect of establishments involved in the serving food for consumption on the premises.

Where an establishment does not serve food for consumption on the premises or where a property is not on a public road, article 201(b) of the Regulations does not apply and planning permission may be required for the placing of tables and chairs outside such establishments. If a person wishes to establish whether or not planning permission is required for a specific development proposal, they can seek a declaration from their local authority under Section 5 of the Act.

Quarrying Sector

Questions (431)

John McGuinness

Question:

431. Deputy John McGuinness asked the Minister for Housing, Local Government and Heritage the amount of funding allocated by his Department to local authorities that have to reinstate land relative to the environmental damage done by illegal quarry activities; if he will seek a report from Kilkenny and Laois county councils in relation to the environmental damage already done by quarries that are not compliant with the planning laws or without planning permission; if the Local Government Audit Service considers good governance or the lack of it as part of its audit of each local authority; if he plans to review the legislation specifically in relation to non-compliance in the quarry industry with a view to strengthening the planning enforcement process and introducing a regime of substantial fines commensurate with the damage caused by such illegal operators; if Irish law is in sync with EU policy and directives with regard to this industry; if he will investigate ways to apply current laws and standards of operation to major quarry operators that were in operation prior to the introduction of the planning laws; and if he will make a statement on the matter. [21249/21]

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Written answers

My Department does not provide funding to local authorities in respect of the recoupment of costs for the reinstatement of land arising from environmental damage, including damage caused by unauthorised quarries.  Under planning legislation, enforcement of unauthorised development is a matter for the relevant planning authority, which can take action if a development does not have the required permission, or where the terms of a permission have not been met.    

There are extensive enforcement provisions provided for in Part VIII of the Planning and Development Act 2000, as amended (the Act), with a view to ensuring that works pertaining to permitted developments are carried out in accordance with the planning permission granted and any associated conditions and that no unauthorised development takes place, including in relation to quarries.  In addition, any person or a planning authority may seek a court order under section 160 of the Act in relation to unauthorised development with a view to ensuring that the development works in question are not carried out or continued.   

Provision for the recoupment of costs arising from enforcement action taken by planning authorities is provided for under section 154 of the Act. Section 154(5)(b) provides that an enforcement notice shall require that such steps as may be specified in the notice be taken within a specified period, including, where appropriate, the removal, demolition or alteration of any structure and the discontinuance of any use and, in so far as is practicable, the restoration of the land to its condition prior to the commencement of the development.

Section 154(5)(c) further provides that if the steps specified in the enforcement notice are not taken within a specified period (not being more than 6 months), the planning authority may enter on the land and take such steps ... and may recover any expenses reasonably incurred by them in that behalf.

Furthermore, section 154(5)(d) provides that an enforcement notice shall require the person or persons served with the notice to refund to the planning authority the costs and expenses reasonably incurred by the authority, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers. 

Section 154(7) further provides that if required, any expenses reasonably incurred by a planning authority may be recovered as a simple contract debt in any court of competent jurisdiction from the person or persons on whom the notice was served. Alternatively, the costs incurred by a planning authority may be secured by charging the land under the Registration of Title Act, 1964, or where the person on whom the enforcement notice was served is the owner of the land, an instrument vesting the ownership of the land in the authority subject to a right of redemption by the owner within five years. 

Section 156 sets out the penalties that may be applied in relation to non-compliance with specific sections of the Act. In this connection, 156(1) provides that a person who is guilty of an offence shall be liable, on conviction on indictment, to a fine not exceeding £10,000,000 or to imprisonment for a term not exceeding 2 years, or to both.  It further provides that a person who is guilty of an offence shall  be liable, on summary conviction, to a fine not exceeding £5,000, or to imprisonment for a term not exceeding 6 months, or to both.  Under section 156(2) of the Act, where a person is convicted of an offence and there is a continuation by him/her of the offence after his/her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable.   

Accordingly, as indicated, there are already extensive enforcement powers available to planning authorities in relation to non-compliance with planning legislation. Said planning legislation is in compliance with EU law and applies to all forms of development, including the operation of quarries. Under section 157(4)(AA), enforcement action may be taken against unauthorised quarrying at any time.    

With regard to the corporate governance of local authorities, it is the responsibility of the Chief Executive and the elected members to ensure that sound systems of financial management and internal control are in place in relation to the operations of local authorities.  The Audit Committee of a local authority also has a role in this regard. According to the Audit Committee Charter, the Audit Committee has an independent role to advise the Council on financial reporting processes, internal control, risk management and other audit related matters.

Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned. 

While I do not envisage that any further actions are required in relation to planning enforcement at this time, I will continue to keep this matter under review.

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