Written Answers Nos. 340-359
340. Deputy Bernard J. Durkan asked the Minister for Justice the degree of people trafficking detected over the past three years to date; the action proposed or in hand to deal with the issues arising; and if she will make a statement on the matter. [30427/21]
View answerI am informed by the Garda authorities that, during the past three years to date, there have been 17 incidents of human trafficking recorded as detected on the Garda PULSE system. These matters are currently with the Office of the Director of Public Prosecutions (DPP) or before the courts.
An Garda Síochána has committed significant resources to the investigation and prosecution of human trafficking in Ireland. A specialised Garda Unit, the Human Trafficking Investigation and Co-ordination Unit (HTICU), has been in place since 2009 to conduct investigations into human trafficking. It also provides advice, support and where necessary, operational assistance to investigations at district level. An Garda Síochána is also active in relation to trafficking gangs through work targeting organised crime - targeting their finances, their use of the internet and by working closely with other jurisdictions.
A High Level Group established in November 2019, which includes An Garda Síochána, my Department and the Office of the DPP, meets regularly and keeps the legislative and operational framework for investigation and prosecution of trafficking under review.
The Government is fully committed to addressing human trafficking in all forms, including through the provision of supports for victims of human trafficking and by educating the public to recognise the signs of trafficking. We have partnered with the United Nations International Organisation for Migration (IOM) office in Dublin on a campaign to raise awareness that victims of trafficking can be found anywhere and can be hidden in plain sight.
My Department continues to engage with the US Embassy here on human trafficking issues, and we are currently working on our contribution to the 2021 Trafficking in Persons Report.
The Deputy may also be aware that the Government recently approved plans for a revised National Referral Mechanism (NRM) to make it easier for victims of human trafficking to come forward and be supported. I also received approval to draft a General Scheme of a Bill to put the new NRM on a statutory footing.
341. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which money laundering continues to be detected by the Garda authorities on an ongoing basis; the action pending or in place to deal with these issues; and if she will make a statement on the matter. [30428/21]
View answerI can inform the Deputy that Garda personnel located in the various Garda Síochána divisions throughout the state investigate money laundering offences.
The Garda National Economic Crime Bureau (GNECB) is a national unit, which falls under the remit of Assistant Commissioner, Organised & Serious Crime and incorporates three Money Laundering Investigation Units and a Divisional Liaison Office. Garda personnel assigned to these investigation units conduct relevant investigations in addition to providing support and assistance to Garda personnel in all Garda divisions who are investigating suspected money laundering offences.
The Financial Intelligence Unit (FIU) is embedded within the GNECB, and is a national reception point for Suspicious Transaction Reports (STR) submitted under Irish money laundering legislation by all the financial institutions and other designated bodies/persons, namely accountants, solicitors, dealers in high-value goods, auctioneers, etc. The FIU is supported by the Money Laundering Investigation Unit (MLIU).
The FIU is responsible for, inter alia, the receipt, analysis and dissemination for investigation of STRs to relevant Garda units. The Unit also analyses and disseminates STRs and intelligence gained to other national units within An Garda Síochána and Gardaí throughout the country for investigation and potential further action.
The MLIU supports the FIU within GNECB and it investigates complex money laundering cases and/or cases which have cross-jurisdictional links. It extracts information from the analysis of STRs allowing for the instigation of criminal investigations. Suspected terrorist financing can also be investigated by the MLIU. The Unit also provides advice and assistance to other members of An Garda Síochána who are investigating cases of suspected complex money laundering and/or suspected terrorist financing.
In addition, I wish to assure the Deputy that Ireland has a robust Anti-Money Laundering/ Countering the Financing of Terrorism framework. Ireland’s anti-money laundering framework was assessed by the global standard-setter, the Financial Action Task Force (FATF) and Ireland was found to have “a generally sound legislative and institutional AML/CFT framework”.
Earlier this year, I welcomed the passage through the Dáil of two important pieces of criminal legislation to help combat money laundering and tackle white collar crime.
The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 will strengthen existing anti-money laundering legislation and will give effect to provisions of the Fifth EU Money Laundering Directive. This Act ensures that our regulatory framework keeps pace with the increasing integration of financial flows in the internal market, the evolving trends, technological developments and the prevention of organised crime.
In line with international standards adopted by the FATF, and the EU's legislative framework, Ireland has developed a solid regulatory framework for preventing money laundering. This Act strengthens existing anti-money laundering legislation and contains a renewed focus on gatekeepers of financial systems. It ensures that there is increasing transparency by bringing further institutions within the scope of the Irish anti-money laundering regulatory framework and by combatting the use of new trends and technologies employed by criminals. It also ensures that our regulatory framework keeps pace with the increasing integration of financial flows in the internal market, the evolving trends, technological developments and the prevention of organised crime.
The Criminal Justice (Theft and Fraud Offences) (Amendment) Act gives effect to EU Directive 2017/1371 on the fight against fraud to the European Union’s financial interests by means of criminal law. The Directive establishes minimum rules concerning the definition of criminal offences and sanctions with regard to combatting fraud and other illegal activities (corruption and money laundering) affecting the EU’s financial interests.
Finally, I would point out to the Deputy that, as outlined in the Justice Plan 2021, the fight against organised crime stretches beyond our borders and An Garda Síochána work closely with their international colleagues to break the networks of serious criminals and prevent them from inflicting misery on our communities. An Garda Síochána regularly liaises and cooperates with their international policing and security partners, such as EUROPOL and INTERPOL, and the FIU’s work makes an important contribution to the global fight against money laundering and terrorist financing.
342. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which provision has been made to detect and prevent cyber-crime in the future; and if she will make a statement on the matter. [30429/21]
View answerAs the Deputy may be aware, the Department of Environment, Climate and Communications has primary responsibility for cybersecurity, including the protection of Government data and networks, as well as critical national infrastructure.
My Department focuses on the potential and actual criminal use made of the internet and information technology. However, cyber security issues also pose risks for national security, whether from malign cyber-attacks on critical national infrastructure or in the context of the hostile-state hybrid threats. My Department is focused on the development and implementation of relevant legislation and ensuring that Ireland is meeting its international obligations in this regard.
The Deputy will also wish to note that An Garda Síochána has significantly stepped up its dedicated resources in the cybercrime area in recent years, and is continuing to grow its capabilities in this area. The Garda Commissioner established a dedicated Garda National Cyber Crime Bureau (GNCCB) last summer, led by a Detective Chief Superintendent.
GNCCB is responsible for the prevention, detection, investigation and prosecution of cybercrime incidents in the State. GNCCB works collaboratively with local and national Garda units along with national and international stakeholders to reduce the threat and impact of cybercrime on individuals and organisations. As the Deputy will be aware, An Garda Síochána maintains strong international links and is liaising and co-operating with international law enforcement and security partners such as Interpol, Europol, the FBI and the UK’s National Crime Agency.
GNCCB is now in an expansion phase, with increases of nearly 80 additional staff planned between this year and 2022, with 25 of these already in place. I am advised that this expansion of GNCCB will include the recruitment of 20 civilian expert posts at engineer grade. Cyber Satellite Hubs have also recently been established in Cork, Galway, Mullingar and Wexford.
GNCCB’s IT capability is also increasing, with a new decryption suite procured earlier this year. This work is also resourced through a smaller expert team in the National Crime and Security Intelligence Service.
343. Deputy Bernard J. Durkan asked the Minister for Justice the number of members of organised criminal gangs currently in prison or awaiting sentence; and if she will make a statement on the matter. [30430/21]
View answerI am advised by my officials in the Irish Prison Service that there are currently 102 prisoners in custody associated with known organised criminal gangs currently serving a sentence or awaiting trial.
There is an additional 70-80 prisoners who are associates of these prisoners but are not known to be officially aligned to organised gangs and others who are part of “gangs” in prison who are not known as organised criminal gangs.
These figures excludes the subversive prisoners in Portlaoise Prison.
Membership or allegiance of these criminal groups fluctuates on a continuous basis with some persons breaking links and others becoming affiliated on a daily basis. It is also the case that prisoners will not always declare their affiliation to certain groupings and it is therefore not possible to provide definitive numbers in relation to the number of known members of criminal groupings currently in custody. It should also be noted that more than one criminal gang may group together under the umbrella of a particular group and in some instances some gangs may form splinter groups due to family or in house disputes.
I am advised by the Courts Service that a breakdown of data on the number of members of organised criminal gangs awaiting sentence is not available.
344. Deputy Bernard J. Durkan asked the Minister for Justice the number of known drug dealers currently on bail in respect of one or more offences; and if she will make a statement on the matter. [30431/21]
View answer345. Deputy Bernard J. Durkan asked the Minister for Justice the number of occasions in which bail has been refused to members of known criminal gangs; and if she will make a statement on the matter. [30432/21]
View answerI propose to take Questions Nos. 344 and 345 together.
The Deputy will be aware that the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions. There is also a constitutional presumption in favour of the grant of bail as, under Irish Law, a person is presumed innocent until proven guilty.
As outlined in my response to the Deputy in Parliamentary Question 665 of 10 February 2021, the specific information is not maintained in such a way as to provide the response sought by the Deputy.
346. Deputy Bernard J. Durkan asked the Minister for Justice the extent of recidivism; if it is on the increase or otherwise; and if she will make a statement on the matter. [30433/21]
View answerEnsuring people feel safe in their communities and in their homes is a priority for this Government and my Department and we are striving to provide that safety through engagement with communities, by reducing crime and tackling recidivism and by supporting victims.
In relation to the Deputy's specific question, while it is recognised that there is no quick fix to reducing recidivism, targeted interventions, particularly in the community, will result in better outcomes for the most marginalised offenders. These include increasing access to addiction treatment, employment opportunities and increased use of community funded organisations. A range of objectives and actions have been outlined for progression of this throughout this year as outlined in Goal 3 of the Justice Plan 2021, including the forthcoming publication of a Review on Penal Policy, which will set out actions to be taken going forward in order to reduce the rate of reoffending.
A number of initiatives have been introduced over the past decade to reduce reoffending including Community Return and Community Support Schemes and the Joint Agency Response to Crime (J-ARC).
Community Return and Community Support Schemes were introduced in 2011 and aim to increase support for prisoners prior to their release from prison, upon their release, and then for a period after their release in order to break the cycle of offending.
The J-ARC is a multi-agency response to the supervision and rehabilitation of offenders which commenced in 2014. The programme aims to target prolific offenders who are responsible for large amounts of crime. These offenders are managed through the integration of policy and practice between the J-ARC agencies.
We have some statistical evidence available to suggest that the initiatives introduced to date to reduce prison re-offending have contributed to a decline in recidivism. The Central Statistics Office (CSO) use data from the Prison Service and An Garda Síochána to develop comprehensive prison re-offending indicators. The latest figures for Probation Re-offending Statistics, published by the CSO in November 2020, is a detailed study of recidivism among offenders placed under Probation Service supervision, including those on Community Service Orders. The Report is based on Reoffending statistics for 2014 and 2015 and in particular the 2016 cohort.
Overall almost 69% of offenders did not reoffend within a one year period of being placed under the supervision of the Service. The Report also showed that 71.7% of offenders on Community Service Orders did not reoffend within that period and 84.1% for those under Post Release Supervision Order did not reoffend.
We know that reoffending rates are decreasing over time, with 31.1% of 2016 probationers reoffending within one year, compared to almost 36% of 2008 probationers who reoffended in one year. A similar trend is also observed in the three year study: re-offending by those sentenced to probation supervision in 2014 was 47.2% after a 3 year period, compared to a figure of 54.6% after 3 years for the 2008 cohort. The reoffending rates reflect improvements in Probation Service supervision, and indicates that the Service is continuing to perform well. Reoffending by persons subject to post release supervision is encouragingly low which confirms our belief that supervision and support in the community after release improves positive resettlement and reduces harmful behaviour.
Last year my Department launched the findings from an international evidence review on recidivism and policy responses. This report, which is the third in a series of releases to be commissioned and disseminated by the Research and Data Analytics unit in my Department, was prepared by Prof. Ian O’Donnell from the Institute of Criminology and Criminal Justice, School of Law, UCD. The review constitutes a valuable resource for researchers and acts as a springboard for future empirical research on best practice in this area.
347. 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); and if she will make a statement on the matter. [30435/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 2 September 2020. A letter requesting further documentation was sent to the applicant on 30 November 2020, with no response received to date. As I understand that the applicant changed address on 22 December 2020, this letter will now be resent to the new address.
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.
348. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination for eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [30437/21]
View answerAn application for a certificate of naturalisation was received from the person referred to by the Deputy on 30 July 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. If any further documentation is required, it will be requested from the person in due course.
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.
349. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if his Department provides for compensation to poultry farmers and broilers for the loss of flocks due to salmonella tyhimurium and salmonella enteritidis outbreaks considering these flocks must be culled under the regulations of his Department; and if he will make a statement on the matter. [30313/21]
View answerThe Department of Agriculture, Food and the Marine allocates funding annually for the compensation of Zoonotic Salmonella in poultry via a Scheme of financial assistance in cases of Salmonella outbreaks in poultry flocks, on an ex gratia basis. The Scheme applies only to suspected or confirmed outbreaks of Salmonella Enteriditis and Salmonella Typhimurium and covers the following:
1. Egg supply farms approved by the Department.
2. Poultry hatcheries approved by the Department.
3. Establishments rearing poultry intended for table egg production approved by the Department.
4. Table egg producers.
5. Table egg packing centres.
Only the following costs may be considered for financial assistance:
1. The market value of the flock on the date of slaughter less any salvage value obtained.
2. The value of eggs destroyed, or losses incurred on pasteurisation of table eggs.
3. Transport costs incurred in bringing birds to the place of slaughter and eggs to the place of destruction or pasteurisation.
The Animal Health and Welfare Act 2013, section 31 (1) outlines that I, as Minister, may pay compensation, the amount of which to be determined by way of an assessment carried out by a valuer or an arbitrator to the owner of—(a) a farm animal or (b) an animal product, if the farm animal, animal product, animal feed or other thing is affected with a disease or a disease agent and is killed or destroyed under section 30 (1) to alleviate the risk of disease, to prevent the spread of disease or to diagnose, control or eradicate disease.
This scheme is currently under review in the Department.
The importance of improving biosecurity at farm level to prevent disease outbreaks in the first place cannot be overlooked. The Department has made available, at no cost to the poultry producer, biosecurity risk assessments, which are delivered by Animal Health Ireland trained veterinary practitioners, for commercial broiler and layer units. The set of recommendations provided guides the producer on how to improve the standard of biosecurity on the farm and reduce the likelihood of disease incursion. “Prevention is better than cure” is a cornerstone of Animal Health Policy.
350. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if he plans to establish a legal definition of a feedlot herd; and if he will make a statement on the matter. [30321/21]
View answerThere are currently no plans to establish a legal definition of a feedlot herd.
Under the bovine TB Eradication Programme, beef finishing herds, if they meet certain criteria, may be termed 'Controlled Finishing Units' and subject to a tailored supervisory protocol, be allowed to continue to send animals direct to slaughter whilst restricted under the bovine TB Eradication Programme.
351. Deputy Joe McHugh asked the Minister for Agriculture, Food and the Marine the status of the submissions for the sheep wool feasibility study; and if he will make a statement on the matter. [30327/21]
View answerFollowing the allocation of €100,000 in Budget 2021 for the review of the potential demand in international markets for wool-based products such as insulation and fertilisers, I initiated a consultation process to determine the terms of reference for such a review. Details of the proposed Terms of Reference to implement this review were published on the Department's website on 11th March 2021 and include but are not limited to the following -
- the identification of market opportunities domestically and internationally for wool based products;
- carrying out economic feasibility and cost benefit analysis on proposed market opportunities;
- determining mechanisms that could be used to support industry initiatives; and
- identification of potential research projects applicable to supporting the identified market opportunities.
Interested parties were invited to submit comments on the proposed Terms of Reference and/or submissions on the potential market opportunities for wool products on the domestic and international markets. The closing date for submissions was 2nd April 2021.
The 38 submissions received are currently being reviewed with a view to finalising the terms of reference. The time frame for the completion of the review including the tendering process, consultation with stakeholders and publication of the report is end of November 2021. The recommendations from this review will help focus the development of a robust policy roadmap for the Irish wool industry.
352. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 561 of 25 May 2021, his views on whether from the outset this cohort should have been communicated with specifically to inform them of the derogation provision which would assist persons with their requirements under the BEAM scheme given the significant sums of money involved and the low income nature of livestock farming (details supplied); if he will reconsider the matter as it relates to this cohort of BEAM participants with a view to providing an amnesty to those who have not met the derogation application deadline; and if he will make a statement on the matter. [30339/21]
View answerThe ability to seek a derogation from some or all of the nitrates reduction requirement under Beef Exceptional Aid Measure was detailed in the terms and conditions of the scheme which have been available online since its launch and to which all applicants to the scheme indicated they had read and understood as part of the application process.
Close to 200 participants who felt they were unable to meet the scheme requirements vis a vis the 5% reduction requirement have successfully applied to the Department in that regard. Among those were farmers whose nitrates figures for the reference period were abnormally low due to the effects of a TB restriction and for whom a further reduction was unviable. This was available to all participants and applications had to be submitted prior to the 30 September 2019.
Anyone seeking to avail of such a derogation now can apply to have one considered under force majeure but will need to be mindful of the conditions under which force majeure is applied and submit any documentary evidence in support of their claim as part of the force majeure application.
353. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if he will review the removal of ANC payments to some farmers in the north County Donegal in response to their ongoing protests that some nearby farms that continue to be in receipt of ANC payments are not in areas of worse natural constraint than those who have lost the payment. [30357/21]
View answerIn advance of payments under the 2019 Areas of Natural Constraints (ANC) scheme, Ireland was required under EU Regulations to change the approach used to designating land as eligible for payment under the scheme. As such, the Department undertook a detailed technical process, which was agreed with the European Commission, to determine the eligibility of land for the ANC scheme in line with the requirements of the EU Regulations.
As part of this process, the Department also put in place an Independent Appeals Committee to facilitate the examination of appeals received from farmers regarding the outcome of the redesignation process. Each appeal was subject to a full review of underlying data by the Appeals Committee, including an assessment of any supporting documentation provided by the farmer in support of their appeal.
Where an appeal was deemed to be unsuccessful, farmers were further advised by the Department of their right to further appeal the decision of the Independent Appeals Committee to the Office of the Ombudsman.
While I acknowledge that some farmers were disappointed by the outcome of the redesignation process, I am satisfied that the Department put in place a robust process to determine the eligibility of each townland for the scheme in line with EU requirements.
Farmers whose land was determined to be no longer eligible following the redesignation process were eligible to receive a degressive payment where the applicant would suffer a financial loss on foot of the redesignation of ANC lands. This was set at a rate of 80% in 2019 and 40% in 2020 of the average rate payable per hectare under the 2019 scheme. I was pleased to confirm earlier this year that these degressive payments would also be paid in 2021 at a rate of €25 per qualifying hectare.
354. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he will consider reinstating capacity lost by fishermen since the beginning of the first lockdown in March 2020 and giving an additional 12 months to them from the date of reinstatement to use this capacity in view of the disruption caused by Covid-19, when getting advice and contacting and meeting the Sea Fishing Boat Licencing Authority was difficult; and if he will make a statement on the matter. [30374/21]
View answerUnder the Fisheries (Amendment) Act 2003, the functions of sea-fishing boat licensing were transferred 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.
As Minister I have responsibility for policy in relation to sea-fishing boat licensing under Section 3(3) of the Fisheries (Amendment) Act 2003, as amended by Section 99 of the Sea Fisheries and Maritime Jurisdiction Act 2006. In this context, and as referred to above, Section 3 of the Act makes provision for Ministerial Policy Directives to issue to the independent Licensing Authority for Sea-fishing Boats. I am, however, precluded from exercising any power or control in relation to individual cases, or a group of cases, with which the Licensing Authority is or may be concerned under Section 3(5) of the 2003 Act.
Under Policy Directive 2/2003, capacity taken off the Fishing Boat Register must be re-introduced on to the Register within two years of its removal, otherwise the entitlement is lost to its owner. This element of the Policy Directive is known informally as the "Two Year Rule" and has applied to off-Register capacity since 1st April 2004.
One of the main objectives of Policy Directives 2/2003 was to provide the tools for the effective management of capacity in order to comply with fleet capacity targets set down in EU fleet policy.
I am currently examining a recommendation from the Licensing Authority to remove the "Two Year Rule". Any proposal for a Policy Directive involves a formal procedure including a public consultation on the matter. I will consider the matter and if there is a case for considering a possible change in the policy as soon as practicable.
355. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the total fishing boat capacity allocated to Ireland under the Common Fisheries Policy; the amount of such capacity that is active at present; and if he will make a statement on the matter. [30375/21]
View answerSection 3 of 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.
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11th December 2013 on the Common Fisheries Policy requires each Member State to put in place measures to adjust the fishing capacity of its fleet to its fishing opportunities over time, taking into account trends and based on best scientific advice, with the objective of achieving a stable and enduring balance between capacity and opportunities. The Regulation set Ireland’s Fishing Capacity Ceiling from 1st January 2014. This ceiling is expressed in terms of gross tonnes (GT) and engine power (kilowatts – kW) for the total fishing capacity of fishing vessels flying the Irish flag.
Ireland’s Fishing Capacity Ceiling is set at 77,568GT and 210,083kW.
As of 1st June 2021, the total amount of on-register capacity is 58436.1GT and 172017.92kW and the amount of off-register capacity that has not expired is 16482.35GT and 17715.75kW.
356. Deputy Rose Conway-Walsh asked the Minister for Rural and Community Development if her attention has been drawn to the fact that the tendering process currently underway for the subsidised ferry service to Clare Island will deliver only two sailings per day; and if she will make a statement on the matter. [30355/21]
View answerAs the Deputy will be aware, this relates to a procurement matter, which is still underway. This process is being undertaken in keeping with the standard approach taken for ferry services subsidised by my Department.
As is standard with Requests for Tender (RFTs) issued by this Department for ferry services, the frequency of sailings requested is a minimum acceptable number. Prospective operators are encouraged to include additional sailings and services above the stated minimum required, and commonly do so.
The RFT does not in any way limit or restrict the number of sailings that operators can supply. Where there is a demand for extra sailings, operators may, and do, provide additional sailings. As with all schedules, timetables are discussed and agreed with the island communities prior to the commencement of a service.
357. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development if it is possible to combine funding paid for projects under the outdoor recreation scheme measures 1, 2 and 3 with work carried out by the rural social scheme, community employment and Tús schemes in order to maximise the effect of these projects and to keep costs to a minimum; and if she will make a statement on the matter. [30379/21]
View answerUnder the Outdoor Recreation Infrastructure Scheme, funding is provided through Local Authorities, Local Development Companies and State Bodies to complete outdoor recreation projects, including trails, cycleways, blueways, bridleways and amenities near our lakes and rivers
My Department provides funding of up to 90% of the total cost of a project and the remaining 10% is made up of matched funding by the applicant. The matched funding can be provided in a number of different forms including a cash contribution or 'in-kind' contributions such as voluntary labour.
Labour provided through the Rural Social Scheme and Tús is an important resource for local communities. However, it cannot be charged to the projects funded under the Outdoor Recreation Infrastructure Scheme as it is not considered to be voluntary labour and the cost is already funded by the Department of Social Protection.
That said, the participants under the Rural Social Scheme or Tús can carry out works that contribute to the development of recreational infrastructure once they are not charged to the Outdoor Recreation Infrastructure Scheme and the necessary permissions and insurances are in place.
358. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development the steps she plans taking to reduce the amount of bureaucracy and cost associated with tenders for projects under €200,000 which are sought by her Department or by agencies on behalf of her Department; the discussions she or her Department have had with the Office of Public Procurement on this matter; and if she will make a statement on the matter. [30380/21]
View answerMy Development mostly utilises its budget to provide grant funding to local authorities, state agencies and other external bodies such as community and voluntary organisations. It undertakes very limited direct procurement, with the exception of the procurement of transport services for the Islands. All procurement takes place in line with national and EU guidance and requirements, and it is Department policy to utilise Office of Government Procurement framework agreements wherever possible. Where other bodies are provided grant funding by my Department, and this grant funding is to be used for the procurement of goods or services, the grantee is also obliged to follow national and EU guidance where the grant funding constitutes the main funding source.
The LEADER programme would be the most significant programme in terms of grantees undertaking procurement with tenders for projects under €200,000. In line with the EU Regulations by which it is governed, that programme stipulates that national procurement guidelines must be followed before funding is awarded by the Local Action Groups (LAGs). In cases where the total public funding awarded represents more than 50% of the project costs, the national public procurement requirements developed by the Office of Government Procurement (OGP) apply. However, where the public funding awarded represents 50% or less of the project costs, the project applicant can follow more flexible LEADER specific procurement rules developed by my Department. In circumstances such as these, written quotations must be sought on the various threshold amounts and there is no requirement to follow national procurement guidelines. My Department’s officials have previously engaged with the OGP with a view to simplifying the procurement process for community applicant type projects, which are grant aided through programmes such as LEADER. My Department will continue to explore this matter with the Department of Public Expenditure and Reform and the OGP, as appropriate.
The agencies under the remit of my Department are Water Safety Ireland, the Western Development Commission, the Charities Regulator and POBAL who are obliged to follow EU and National public procurement rules and procedures. In the case of Pobal the vast majority of their tenders are above €200,000. Where a tender process is below this value Pobal complies with OGP guidelines. To reduce any bureaucracy associated with a below threshold tender Pobal only require a single document for tender responses. This document clearly outlines where tenderers are required to input. Proof of qualifying criteria is only required for the successful tenderer. For procurement processes below €25,000 Pobal uses a simplified quote document.
It is worth noting that there are a number of guidance documents and model form contracts aimed at facilitating public bodies in carrying out public works contracts. This information can be found on the construction procurement website www.constructionprocurement.gov.ie. These new public procurement guidelines will be kept under review in light of the impact on operational efficiency, value for money and accessibility to business opportunities.
359. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development if she is considering increasing the maximum grant aid under the outdoor recreation scheme measures 2 and 3 to 90% in view of the difficulty of obtaining matching funding for such projects; and if she will make a statement on the matter. [30381/21]
View answerSince 2016, my Department has allocated almost €68 million to nearly 1,000 projects through the Outdoor Recreation Infrastructure Scheme. This includes almost €16 million for 226 projects approved earlier this year. My Department also provides in the region of €2 million annually to fund the maintenance and improvement of trails and other amenities in Coillte forests.
Outdoor recreation plays an important role in the physical, mental and economic wellbeing of our rural areas and this has been shown, more than ever, over the last year. That is why I was pleased to secure a 20% increase in the budget available to my Department for the Outdoor Recreation Infrastructure Scheme in 2021. My Department is committed to supporting the sector to maximise its potential for society and to ensure that it plays an important part in the recovery from COVID-19.
Given the challenge in raising funds locally as a result of COVID-19 restrictions, the funding rate under the 2020 scheme was increased from 80% to a maximum of 90%. I have continued with this higher funding rate of 90% for the 2021 Scheme which should ensure that the requirement on communities and other applicants to source match funding is kept to a minimum.
