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Thursday, 27 May 2021

Written Answers Nos. 248-272

Immigration Status

Questions (248)

Bernard Durkan

Question:

248. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of the status of an application in the case of a person (details supplied); if a new application is required in view of the recent announcement regarding a draft scheme to regularise undocumented persons; and if she will make a statement on the matter. [28820/21]

View answer

Written answers

The person referred to by the Deputy was issued a letter refusing them permission to remain in the state on 11 December 2019. In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made. The person referred to should continue to engage with my Department until the conclusion of the Section 3 process.

Proposals for the draft scheme to regularise undocumented migrants are being developed in line with the Programme for Government commitment to bring forward a regularisation scheme within 18 months of the formation of the Government, to create new pathways for long-term undocumented people and their dependents, meeting specified criteria and bearing in mind Ireland's European Union (EU) and Common Travel Area (CTA) commitments.

When the consultation phase with civil society organisations and stakeholders on the proposed approach to the scheme is completed, my Department will work to finalise the details, including the criteria for the scheme, in line with that commitment.

Eligibility for this regularisation scheme will be determined by specific criteria, and is guided by research, including the learning from previous regularisation schemes, such as the 2018 Student Scheme. Those operated by other EU Member States are also being considered in its development.

As outlined in the Justice Plan 2021, we aim to launch the scheme later this year and work is underway in my Department to give effect to this commitment, with a view opening the application process before the end of year.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Policing Authority

Questions (249)

Pa Daly

Question:

249. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 655 of 18 May 2021, the details of the underspend within the Policing Authority budget for the 2020 fiscal year statement. [28836/21]

View answer

Written answers

The details of the Policing Authority expenditure in 2020 are outlined in the table below. These figures remain subject to audit by the Comptroller and Auditor General. In terms of gross expenditure, an underspend of €596,000 occurred at year-end. Delays in certain planned activities due to Covid-19, including business travel, public meetings and externally-led research, contributed to this underspend.

Policing Authority: 2020 Provisional Outturn of Expenditure

Subhead

2020 Estimate Provision (€000)

2020 Outturn (€000)

Variance (€000)

Salaries, Wages & Allowances

2,213

2,087

126

Travel & Subsistence

50

7

43

Training & development & incidental expenses

745

525

220

Postal & telecommunications services

50

12

38

Office equipment & external IT services

125

139

-14

Office premises expenses

130

45

85

Consultancy & other services

100

2

98

Total Gross Expenditure

3,413

2,817

596

Appropriations-in-Aid

47

66

-19

Total Net Expenditure

3,366

2,751

615

Data Protection

Questions (250)

Pa Daly

Question:

250. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 655 of 18 May 2021, the details of the underspend within the Data Protection Commissioner’s budget for the 2020 fiscal year statement. [28837/21]

View answer

Written answers

I wish to advise the Deputy that the shortfall in expenditure in relation to pay of €2.7m was mainly driven by slower than anticipated recruitment, due to the requirement to move recruitment completely online during 2020. This move required the procurement and development of processes for online tests and examinations, which delayed recruitment campaigns by several months.

The shortfall in expenditure in relation to non-pay of €2.0m was primarily driven by slower than initially planned ICT project implementation, as a result of further analysis being required on infrastructure and services, following decision-making on data migration, workflows and security options.

The shortfall in non-pay expenditure was also driven by less than anticipated ICT charges, due to lower than forecasted staff headcount. In addition, there were lower than anticipated operational costs due to remote working, a delay in procuring new additional office space, and a less than anticipated requirement for consultancy services.

Citizenship Applications

Questions (251)

Jennifer Carroll MacNeill

Question:

251. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the status of a citizenship application by a person (details supplied); and if she will make a statement on the matter. [28838/21]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 2 April 2019. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Questions (252)

Bernard Durkan

Question:

252. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied) who applied in 2018; and if she will make a statement on the matter. [28860/21]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 5 April 2018. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Citizenship Applications

Questions (253)

Bernard Durkan

Question:

253. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); when the application will be concluded; and if she will make a statement on the matter. [28877/21]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 25 February 2019. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Citizenship Applications

Questions (254)

Colm Burke

Question:

254. Deputy Colm Burke asked the Minister for Justice if the current position will be clarified in relation to a citizenship application by a person (details supplied); when the original document will be returned; and if she will make a statement on the matter. [28880/21]

View answer

Written answers

The original passport of the person referred to by the Deputy was returned by registered post on 25 May 2020.

Under normal circumstances, passports are returned approximately 10 days after their receipt. However, the current limits on staff attendance in the office due to COVID-19 restrictions have resulted in delays in the return of some passports. Unfortunately it is not possible to give a current average timeframe for the return of a passport submitted with a citizenship application.

It is a requirement of the naturalisation process that a current passport must accompany every application. The identity of every applicant must be confirmed to the greatest extent possible and a passport is a primary identifier.

Applicants are advised not to send in their application during the pandemic if they anticipate that they may have to travel at short notice. However, I fully appreciate that people may have to travel at short notice for emergency reasons. The citizenship website advises that in these circumstances, applicants should email the citizenship helpdesk with the relevant details. Any request must be accompanied by appropriate scanned supporting material detailing the reasons for travel, such as medical information. Any request of this nature is dealt with promptly.

Probate Applications

Questions (255)

Pádraig O'Sullivan

Question:

255. Deputy Pádraig O'Sullivan asked the Minister for Justice when the case of a person (details supplied) will be dealt with by the Probate Office; and if she will make a statement on the matter. [28881/21]

View answer

Written answers

The Probate Office is an office of the High Court and management of the Courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. However, in order to be of assistance, I have had enquiries made.

Unfortunately, it has not been possible in the time available to obtain the information requested by the Deputy. I will write to the Deputy directly when the information is received from the Courts Service.

Legislative Measures

Questions (256)

Neasa Hourigan

Question:

256. Deputy Neasa Hourigan asked the Minister for Justice when proposals will be brought forward for the recognition of a dissolution of marriage granted under the civil law of another state; and if she will make a statement on the matter. [28888/21]

View answer

Written answers

The Domicile and Recognition of Foreign Divorces Act 1986 governs the recognition of foreign divorces granted on or after the coming into operation of the Act on 2 October 1986. Section 5 of the 1986 Act provides that a foreign divorce may only be recognised in Ireland if it was granted in the country where either spouse was domiciled on the date the divorce proceedings were instituted. The determination of “domicile” includes an assessment of the intention of the person to remain indefinitely in the foreign jurisdiction.

Recognition of foreign divorces granted prior to the coming into operation of the Domicile and Recognition of Foreign Divorces Act 1986 is governed by common law domicile rules which are now consistent with those in the 1986 Act.

The recognition in Ireland of a divorce, legal separation or marriage annulment granted in another EU Member State on or after 1 March 2001 is governed by EU Council Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (also known as the Brussels II bis or the Brussels IIa Regulation). This Regulation provides for EU judicial co-operation and recognition and enforcement of judgments in cross-border matrimonial matters. Under the Regulation, divorces, legal separations or marriage annulments granted in all EU States, with the exception of Denmark, are entitled to recognition if granted in accordance with jurisdictional criteria specified in the Regulation. Habitual residence is the key governing criterion for recognition. The Domicile and Recognition of Foreign Divorces Act 1986 no longer applies to the recognition of divorces covered by the Regulation.

Part 19 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 makes provision for the recognition in Ireland of divorces granted in the United Kingdom or Gibraltar and has been in operation since 11.00 p.m. on 31 December 2020.

Where there is an issue as to whether a foreign divorce is entitled to recognition, section 29 of the Family Law Act 1995 allows a person to apply to court for a declaration as to marital status, including a declaration as to whether a foreign divorce is entitled to recognition in the State.

The Thirty-Eighth Amendment of the Constitution (Dissolution of Marriage) Act 2019 was signed into law on 11 June 2019 following its approval by the people in a referendum on 24 May 2019.

That Act deleted the following subsection from Article 41.3 of the Constitution:

“3° No person whose marriage has been dissolved under the civil law of any other State but is a subsisting valid marriage under the law for the time being in force within the jurisdiction of the Government and Parliament established by this Constitution shall be capable of contracting a valid marriage within that jurisdiction during the lifetime of the other party to the marriage so dissolved.”,

and substituted that subsection with the following:

“3° Provision may be made by law for the recognition under the law of the State of a dissolution of marriage granted under the civil law of another state.”

The amendment will permit a future change in the law to introduce greater consistency in the recognition of foreign divorces.

The Law Reform Commission, as part of its Fifth Programme of Law Reform, is examining the recognition of foreign divorces. When the expert report of the Law Reform Commission is completed, it will provide valuable guidance for the development of proposals for legislation on the recognition of foreign divorces.

Departmental Programmes

Questions (257, 258, 259, 260)

Catherine Murphy

Question:

257. Deputy Catherine Murphy asked the Minister for Justice the number of applications to the Immigrant Investor Programme historically; the number of visas issued under the programme historically; and the number of visas declined. [29004/21]

View answer

Catherine Murphy

Question:

258. Deputy Catherine Murphy asked the Minister for Justice the number of citizenships by naturalisations that have lodged on foot of the Immigrant Investor Programme historically; and the number of those approved and refused, respectively. [29005/21]

View answer

Catherine Murphy

Question:

259. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule of the overall applications by country of origin under to the Immigrant Investor Programme historically. [29008/21]

View answer

Catherine Murphy

Question:

260. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule of engagements she and or her predecessor has had with the Central Bank, the Minister for Finance and the Revenue Commissioners in respect the Immigrant Investor Programme; if she plans to reform the programme in respect of the investments made in the provision of social housing. [29009/21]

View answer

Written answers

I propose to take Questions Nos. 257, 258, 259 and 260 together.

The Immigrant Investor Programme (IIP) was introduced in April 2012 to encourage inward investment and create business and employment opportunities in the State. The programme provides investors with the opportunity to invest in Ireland. Key to the programme is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest.

Since its inception, more than 2,000 IIP applications have been received. A breakdown of applications by country of origin is set out in the table below.

Country of Origin

Number of IIP applications

China (including Hong Kong)

1,933

USA

32

Vietnam

15

India

11

Pakistan

8

Rest of the world

71

TOTAL

2,070

Not all successful IIP applicants are visa required nationals. Applicants that are visa required can apply for a 'D' visa to register their permission. Visa statistics are not maintained by the Immigration Services of my Department in a manner to enable me to provide details of 'D' visa applications submitted by successful applicants under the IIP.

Successful applicants under the IIP and their nominated family members may be granted a residence permission in Ireland under Stamp 4 conditions. Stamp 4 conditions permit non-EEA nationals to work, study or start their own businesses in Ireland.

An investment under the IIP does not confer any preferential entitlement to citizenship. A successful IIP applicant wishing to attain citizenship by naturalisation would have to submit an application that meets the criteria as provided for in the Irish Nationality and Citizenship Act 1956, as amended.

All applications for a certificate of naturalisation are processed and assessed individually in accordance with legislation and application statistics are not maintained in a manner as to identify the qualifying immigration permission held by applicants for naturalisation. However, all applicants are required to meet minimum periods of reckonable residence and standard checks are carried out as part of the overall process to maintain its integrity.

Neither I, Minister McEntee nor any Minister for Justice have had any engagements with the Central Bank, the Minister for Finance or the Revenue Commissioners in respect of the IIP. However, the Department of Finance is represented on the Evaluation Committee that assesses IIP applications and there is ongoing engagement at official level with the Revenue Commissioners in respect of the Common Reporting Standards approved by the OECD for information sharing on such programmes.

The IIP has been subject to a number of reviews, both internal and external, in recent years. Following a tender process, a contract to carry out an external review was signed in June 2019. This review was to be carried out in two phases. The Terms of Reference for the review are published on the Immigration Service website at: www.inis.gov.ie/en/INIS/Pages/New%20Programmes%20for%20Investors%20and%20Entrepreneurs.

The second phase of the review has recently been completed and is being considered by my Department. In the meantime, applications for investment in social housing under the IIP continue to be assessed by the independent Evaluation Committee and, where assessed positively, are accepted and processed.

Question No. 258 answered with Question No. 257.
Question No. 259 answered with Question No. 257.
Question No. 260 answered with Question No. 257.

Peace Commissioners

Questions (261)

Patricia Ryan

Question:

261. Deputy Patricia Ryan asked the Minister for Justice the number of Peace Commissioners that are currently appointed in County Kildare; if she will establish a public register to enable the public to easily find a Peace Commissioner; and if she will make a statement on the matter. [29071/21]

View answer

Written answers

As the Deputy is aware, Peace Commissioners are appointed by the Minister for Justice under Section 88 of the Courts of Justice Act, 1924. Peace Commissioners are empowered to act in their county of assignment and within the counties adjoining that county.

The Deputy will note that as of 25th May 2021, there are 131 Peace Commissioners in County Kildare.

While every effort is made to maintain accuracy, it should be noted that Peace Commissioner records are appointment based and they do not always reflect the actual situation on the ground because the Department is reliant on the Peace Commissioners and other interested parties to advise of changes in circumstances which may occur subsequent to an appointment.

Individuals requesting the services of a Peace Commissioner are advised to contact their local Gardaí to ensure that a particular listed individual is active and available. The details of appointed Peace Commissioners are also retained by the Peace Commissioner Unit in my Department and my officials are happy to assist individuals who require the services of a Peace Commissioner. They can be contacted at info@justice.ie or by telephone (01) 8592323.

My Department is currently giving consideration to how public access to this information can be improved.

Naturalisation Applications

Questions (262)

Bernard Durkan

Question:

262. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for naturalisation for a person (details supplied); when the application will be finalised; and if she will make a statement on the matter. [29089/21]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 9 April 2018. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. It is not possible to say what the remaining processing time is for an application that is at an advanced stage. The status of anapplication changes as it moves through the process.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Trade Agreements

Questions (263, 264)

Matt Carthy

Question:

263. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if he has commissioned an impact assessment on the implications for the Irish beef and sheep sectors of a UK-Australia trade agreement that facilitates tariff free access for Australian beef and lamb into the British market; and if he will make a statement on the matter. [28800/21]

View answer

Matt Carthy

Question:

264. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if he has contacted his British counterpart to discuss the proposed UK-Australia trade agreement; and if he will make a statement on the matter. [28801/21]

View answer

Written answers

I propose to take Questions Nos. 263 and 264 together.

As Minister, I am continually aware of the international global trade dynamic and its potential impact on irish agriculture. My key focus, at all times, is the protection and enhancement of the incomes of our farmers, fishers and food producers.

The conclusion of a Free Trade Agreement (FTA) between the UK and Australia could have implications for Irish agri-food exports to the UK. The extent of these implications, however, would depend on the specific agri-food market access provisions agreed between the UK and Australia as part of those negotiations. It is difficult to comment more fully on these implications without greater certainty as to what exactly may be agreed between the UK and Australia.

It is important to remember that any FTA signed by the UK with a third country will only affect that country’s access to the UK market.

The EU-UK TCA ensures continued quota and tariff-free access for Irish agri-food goods to the UK market, and this has been in operation since 1 January 2021. Irish agri-food goods may also avail of the access provided to other third countries based on the other FTAs concluded by the EU over many decades. Finally, Ireland is a member of the EU and has full unimpeded access to the EU Single Market of 450 million people.

I am continually aware of the international global trade dynamic and its potential impact on Irish agriculture. My key focus, at all times, is the protection and enhancement of the incomes of our farmers, fishers and food producers. I will examine the need for an impact assessment on the sectors.

Question No. 264 answered with Question No. 263.

Forestry Sector

Questions (265)

Colm Burke

Question:

265. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine if he will clarify the decision not to include ash plantations that are 25 years old and are diseased in the reconstitution and underplanting scheme when there is clear evidence these diseased plantations have little or no commercial value; and if he will make a statement on the matter. [28832/21]

View answer

Written answers

The Reconstitution and Under-planting Scheme was developed by the Department in order to provide the forest owner with a broader range of silvicultural and management options in support of the ash dieback impacted plantation. The scheme opened for applications in June 2020 and, to date, there have been over 304 applications with 61 approved.

The decision not to allow older and more mature plantations (17m top height or >18cm dbh or >25 years old) access to the Reconstitution and Underplanting Scheme is based on the position that these plantations have grown to these dimensions and will accordingly be of merchantable value.

Forestry Sector

Questions (266)

Michael Creed

Question:

266. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if a forestry licence application by a person (details supplied) will be expedited in view of the fact that an ecologist report has been submitted by the applicant. [28869/21]

View answer

Written answers

A Natura Impact Statement (NIS) for this application was received by officials on 11th May and will shortly be assigned to an ecologist.

We expect that an ecologist will complete their assessment within two to three months. The licence will then be returned to the Forestry District Inspector for their final review and recommendations. A decision should issue shortly afterwards.

Common Agricultural Policy

Questions (267)

Matt Carthy

Question:

267. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if the allocation will remain within the Irish pillar 1 envelope in cases in which farmers do not apply or qualify for the eco scheme element of pillar 1 in the next CAP; if so, the way redistribution will be organised; and if he will make a statement on the matter. [28941/21]

View answer

Written answers

The green architecture is a key element of the CAP trilogue negotiation process and has been the subject of much debate between the three institutions. My ambition is to protect the incomes of our farm families through a fair and flexible CAP.

The Council position includes the proposed introduction of ECO schemes into the system of direct payments. A ring-fenced budgetary amount for ECO schemes of 20% of the direct payment budget has been proposed by Agriculture Ministers, with a two-year 'learning' period permitted at the start of the CAP Strategic Plan, to allow Member States avoid any loss of unspent funds due to lower-than-expected take-up of ECO schemes. The Parliament’s approach is more prescriptive. They are seeking that 30% of Direct Payments be directed to ECO schemes and that there would be no learning phase.

Member States must introduce ECO schemes but farmers can choose whether to apply. However, participation in ECO schemes will allow farmers maximise their payments. A significant concern for all Member States, is the potential loss of unspent funds in the case of low uptake by farmers and recent discussions are focussing on how to mitigate this risk. This is not a situation I want to see.

While I welcome the introduction of ECO schemes in the next CAP, I have been consistent in my approach that I cannot accept a potentially serious risk to the loss of CAP funding with the introduction of new ECO schemes if Member States do not have the necessary flexibiltiy to manage this.

Trilogue discussions are still ongoing and final agreement on the CAP, including the green architecture, is dependent on the outcome of this process. My officials and I are continuing to work hard to ensure that the result of the CAP negotiation process will have the best possible outcome for Irish farmers.

Common Agricultural Policy

Questions (268)

Matt Carthy

Question:

268. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if the next CAP will provide for coupled payments such as sheep or suckler cow schemes to be delivered under pillar 1; if he is actively pursuing options for such payments; and if he will make a statement on the matter. [28942/21]

View answer

Written answers

The development of the CAP Strategic Plan (CSP) involves a number of stages, including SWOT analysis, needs assessment, intervention design, financial allocations, target setting (including monitoring) and governance systems. The draft CSP will also be subject to an ex-ante evaluation, Strategic Environmental Assessment and Appropriate Assessment including a public consultation on the draft CSP and draft Environmental Report.

I have, with my officials, continued to engage extensively with stakeholders on the future of CAP. Consultations on the development of the CSP will continue via the CAP Consultative Committee, which comprises representatives of the main stakeholders including farm bodies, NGOs (including the Environmental Pillar), industry representatives and academia. It also includes representatives from Government Departments including DPER, DRCD, DECC, DHLGH (NPWS), and Government Agencies, including Bord Bia, Teagasc and the EPA. The Committee has met on 18 occasions with further meetings planned throughout 2021.

Further public consultations on the development of the CSP are being considered. I will also continue to engage with stakeholders as we develop our CAP Strategic Plan 2023-2027 to meet the deadline of submission to the Commission by 1st January 2023.

Trilogue negotiations on the CAP proposals are ongoing in Brussels. Until these have concluded, we will not have certainty with regard to the options available to Ireland under the CAP proposals. However, it is expected that the new Regulations will allow Member States the option to consider the provision of limited coupled supports if they consider these appropriate.

Ireland decoupled the Single Farm Payment from livestock numbers following the CAP Reform in 2008, in order to permit farmers to respond to market signals, and obviate the obligation to keep potentially loss making animals to secure the Single Farm Payment. The view taken at the time was that coupled payments obliged farmers to keep animals, even when market conditions were poor, that they potentially reduced the quality of livestock and that there was an increased risk of leakage of coupled subsidies to the processing sector.

Coupled payments would not, of course, lead to an increase in payments for farmers as they would be funded from within the Pillar I envelope.

My view is that supports for the livestock sector can be better targeted through specific schemes aimed at improving the economic and environmental sustainability, as well as the animal welfare credentials, of beef and sheep production. Traditional ‘coupled’ payments as set out in the draft Regulations would not allow for the effective targeting of such supports.

Work is currently underway on development of supports for the sector under the next CAP which will be aimed at further supporting the economic, environmental and social sustainability of beef and sheep farms in Ireland.

Agriculture Industry

Questions (269)

Matt Carthy

Question:

269. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the stakeholders he met to discuss the implementation of Ag-Climatise; when will the stakeholder group be established; and if he will make a statement on the matter. [28943/21]

View answer

Written answers

The AgClimatise roadmap was published in December 2020, setting out a series of 29 actions that will deliver a 10%-15% emissions reduction over the decade. Significant progress has been made by officials in identifying the key areas which will drive inventory change over the years ahead. AgClimatise actions have been referenced in all engagement with stakeholders and with industry over recent months.

This is to ensure that there is a broad understanding of the direction of travel identified including by way of example with the fertiliser industry and co-ops etc regarding the move towards protected urea. Significant engagements have also taken place with stakeholders on the animal breeding side and also the tillage sector to increase the production of home grown proteins.

An updated AgClimatise roadmap will be needed to reflect the increased ambition of the new Climate Action Plan. As a consequence, officials and I are fully engaged in the process of setting out what increased ambition in the agriculture sector could look like. It is only at this point, when new targets have been fully agreed, will the focus once again turn to the implementation of the actions.

As you can appreciate, the sector needs full clarity on what is being asked of them before any implementation plan can be fully agreed.

Forestry Sector

Questions (270)

Matt Carthy

Question:

270. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if he plans to provide a revised financial support scheme for landowners affected by ash dieback to ensure that all diseased ash plantations can secure support, that provision is made for a phased premium period for forest owners below 50% of the minimum rotation age and that includes an insurance scheme for future losses; and if he will make a statement on the matter. [28944/21]

View answer

Written answers

The Reconstitution and Under-planting Scheme (RUS) (Ash dieback) was developed by the Department to provide the forest owner with a broader range of silvicultural and management options in support of the ash dieback impacted plantation. The focus of the Scheme is moving away from ash dieback eradication and bringing ash plantation management to the fore. The scheme opened for applications in June 2020 and to date there have been over 304 applications with 61 approved.

Premium payments have already issued up to the time the crop became infected. Therefore, they restart from the date the last premium was paid. Additional payments are available for site clearance and for the establishment of a replacement crop. We have no plans at present to change the provisions of the Scheme.

Animal Welfare

Questions (271)

Niall Collins

Question:

271. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 717 of 18 May 2021, if he will consider further correspondence (details supplied) if concerns raised therein can be addressed satisfactorily; and if he will make a statement on the matter. [28951/21]

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Written answers

The Microchipping of Dogs Regulations 2015 specify appropriate persons to whom a database operator must, at all times, provide a response in respect of the provision of information to facilitate reunification of dogs. The appropriate persons are identified in the Regulations as persons authorised under the Animal Health and Welfare Act 2013, dog wardens, local authority personnel and members of An Garda Siochána. The database operator mentioned provides full access to this data to these bodies.

It is a matter for the authorised database operators to decide whether they grant direct data access to third parties such as animal welfare organisations. I understand it was with GDPR considerations that the IKC recently wrote to a number of welfare organisations advising that while direct access would no longer available, that the IKC would continue to provide assistance to these organisations in contacting the owner on receipt of an email or written request.

As with all four authorised databases, the IKC met a strict set of criteria to become authorised. The IKC continues to meet the requirements of the Microchipping of Dogs Regulations, 2015 and the Animal Health and Welfare Act, 2013.

Common Agricultural Policy

Questions (272)

Éamon Ó Cuív

Question:

272. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he plans to pursue a policy of 100% convergence of the value of entitlements for farm schemes by 2027 in view of the fact that the only basis for different values being assigned to entitlements for farm schemes is the amount of grants paid to farmers in each of the years 2001 to 2003 and that a very significant number of entitlements have been transferred since; and if he will make a statement on the matter. [28955/21]

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Written answers

Convergence is a mandatory provision in the current Common Agricultural Policy (CAP) programme and the new CAP proposals continue with this policy. Ireland has supported this element of these proposals. Convergence aims to redistribute and flatten the value of CAP payment entitlements and like all elements of the CAP, there are differing views regarding its implementation.

The new legislative proposals for the CAP include a continuation of the process of internal convergence, to a minimum of 75% of the national average. The European Parliament is seeking for a higher level of convergence. Final agreement on the CAP is dependent on the outcome of trilogue negotiations between the three institutions, which are aimed at reaching a final shared agreement on the shape of the new CAP. I am hopeful that these will conclude shortly.

The Department continues to monitor the proposed changes, including changes to convergence, and is engaged on an ongoing basis with European colleagues as well as stakeholders here. This close engagement and monitoring of the proposals on farmers in Ireland will continue until the regulations are fully developed and will, in due course, inform the implementation of new CAP regulations in Ireland.

I intend on fully engaging with farmers and farm organisations to get their views on convergence before I make a decision. I understand this is an issue with far reaching consequences and I want to put farmers at the centre of a decision on their future.

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