Thursday, 16 Sep 2021

Written Answers Nos. 209-219

Hare Coursing

Questions (209, 210)

Paul Murphy

Question:

209. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the reason the rabbit haemorrhagic disease variant two, RHD2, exclusion zone specified in the 2021-2022 hare coursing licence has been reduced from 25 km to 3 km and does not now cover the discovery of infected rabbits; and if he will revoke the coursing licence following a warning from the National Parks and Wildlife Service that the catching of hares in nets, their transportation in boxes and the collection and holding of hares in confined areas can all be considered to increase the risk of disease spread (details supplied). [44270/21]

Paul Murphy

Question:

210. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will revoke the coursing licences he issued in view of concerns that a form of myxomatosis that has crossed over to hares could have a devastating impact on the species if it surfaces in Ireland. [44271/21]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 209 and 210 together.

Since the initial discovery of Rabbit Haemorrhagic Disease 2 (RHD2) in wild rabbits and hares in August 2019, National Parks & Wildlife Service staff of my Department have continued to monitor for the disease with the assistance of colleagues in the Department of Agriculture, Food and Marine (DAFM). Reports of suspected cases have been followed up and carcasses submitted to DAFM’s Regional Veterinary Laboratories for testing. Although dedicated surveys have not been possible, the available evidence suggests that RHD2 remains primarily a disease of rabbits, with some limited spill-over into hares. Furthermore, the total number of reports has declined noticeably in 2021. On this basis there are grounds for some cautious optimism that RHD2 may not have the potentially significant impact on the hare population that was initially feared. The exclusion zone was reduced to reflect this reality.

The limited data available does not indicate that a local outbreak of RHD2 in rabbits leads to an outbreak in hares in the area. On this basis exclusion zones do not arise following the discovery of infected rabbits.

My Department's officials have found no evidence that the disease mentioned (form of myxomatosis) has arrived in Ireland but will continue to monitor suspicious deaths. My officials will continue to work closely with colleagues in the regional laboratories and virology unit of DAFM in relation to testing for diseases in hares.

The control of live hare coursing is carried out under the Greyhound Industry Act 1958, which is the responsibility of the Minister for Agriculture, Food and the Marine. My responsibility relates to the conservation status of the hare and my Department issues licences required under the terms of the Wildlife Acts to facilitate the netting and tagging of hares. There is no plan to revoke the licences issued.

Question No. 210 answered with Question No. 209.

EU Directives

Questions (211)

Paul Murphy

Question:

211. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage his views on whether allowing wood pigeons to be shot for a 12-month period between 1 May 2021 and 30 April 2022 breaches the EU Birds Directive; and if he will remove the birds from the directive derogations or reduce the period during which they may be shot. [44272/21]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

The annual State wide Wild Birds Declaration was signed on 30 April 2021 in compliance with the EU Birds Directive.

The wood pigeon (Columba palumbus) is listed in Annex II, Part A of the Birds Directive.  Owing to their population level, geographical distribution and reproductive rate throughout the European Community, Article 8 of the Birds Directive permits bird species listed under that Annex to be hunted under national legislation.  However, subject to derogation, national laws must ensure that hunting of these bird species during the rearing season or during the various stages of reproduction is prohibited. 

As such, Wood Pigeons are listed in Part I of the Wildlife (Wild Birds) (Open Seasons) Orders 1979 to 2012.  They may be hunted during the period beginning 1 November in each year and ending on 31 January immediately following that year throughout the State; except in exclusion zones, referred to as Wildfowl Sanctuaries, at 68 different locations throughout the State.

Article 9 of the Birds Directive, however, allows Member States to derogate from the prohibition of hunting during the protected season for a number of reasons, including to prevent serious damage to crops.  Therefore, by way of the Declaration signed in April, the wood pigeon is permitted to be hunted between 1 May 2021 and 30 April 2022, for the specific reason to prevent serious damage to arable crops, including cereals, legumes and brassicas.

The method of control specified in the Declaration (‘Shooting with rifle or shotgun’) complies with the requirements of Article 8 of the Birds Directive which prohibits the use of all means, arrangements or methods used for the large-scale or non-selective capture or killing of birds.

The Declaration, which expires on 30 April 2022, is subject to annual review. My Department routinely seeks views of the public in relation to the control of certain wild bird species before such Declarations are made. My Department is committed to carrying out a review of all the species on the Declaration list on a phased basis.  This year, for example, a survey is being undertaken on the gull population.  The National Parks and Wildlife Service of my Department intends to carry out a review of the issue of pigeon damage to crops, including the collection of new scientific data, with a view to informing decisions for future declarations.

EU Directives

Questions (212)

Paul Murphy

Question:

212. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the reason threatened, red-listed birds of high conservation concern are included in the latest open season order; and if he will remove them from the order. [44273/21]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

Biodiversity, including birdlife, is vulnerable to adverse impacts from many different pressures, including hunting. It is crucial for birdlife in Ireland that we fully understand how our practices and actions can cumulatively impact on the viability of vulnerable bird species. 

The wild bird hunting season opened on September 1st and I am concerned at the potentially unsustainable hunting of birds of conservation concern in Ireland.

As outlined in the 2019 Article 12 report of my Department's National Parks and Wildlife Service (NPWS), the conservation status of a number of species that are permitted to be hunted at certain times of the year under the Open Seasons Order is declining. These species include Red Grouse, Golden Plover, Woodcock, Shoveler and Snipe. It is difficult to assess the sustainability of this hunting, due to a number of data gaps, including on the numbers of birds hunted annually. 

It is clear, however, that the conservation of certain species will require new ways forward – based on scientific evidence, collaboration and strategic action. Any hunting of birds of conservation concern in Ireland must be sustainable and not have an adverse impact on the species. 

To this end, I have established a working group in NPWS to determine the next steps to be taken to achieve this, and to invite stakeholders to participate in a collaborative dialogue in the coming months to develop a plan for a sustainable future for these species in Ireland. In that, I want to respect fully the views of the various stakeholders; I accept that some may be diametrically opposed. Nonetheless, I am keen to find common ground. 

By the time the season comes around in 2022, the NPWS will have concluded a paper for me on the scientific and other types of information that must be collected to inform our assessments of whether these species may be hunted sustainably, and what is to be done in the short, medium and long term.

This will include recommendations on the removal of certain species from the Order in time for next year’s season if appropriate.

Building Regulations

Questions (213)

Catherine Murphy

Question:

213. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the standards that have been set to avoid problems with pyrite or mica where the oversight takes place on material removed from a quarry and which is used in buildings either in infill or blocks; when those standards were set; if it is planned to amend the standards; the person or body that carries out the oversight; and if he will make a statement on the matter. [44300/21]

Written answers

Minister for Housing, Local Government and Heritage

The Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.

The National Standards Authority of Ireland (NSAI), is Ireland’s official standards body and is an autonomous body under the aegis of the Minister for Enterprise Trade and Employment. NSAI has produced additional guidance to some harmonised standards, under the CPR, in the form of Standard Recommendations (SRs) which set out appropriate minimum performance levels for specific intended uses of certain construction products in Ireland.

In relation to the specification of concrete blocks, the relevant suite of harmonised standard facilitating specification of masonry units is the EN 771 (series).  ‘I.S. EN 771-3:2011+A1:2015’ deals with aggregate concrete masonry units. NSAI has published additional guidance in the form of ‘S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland to Eurocode 6’ which provides, inter alia, guidance on the choice of masonry units and mortar classes most appropriate for particular situations as regards durability for finished work in Ireland. S.R. 325:2013+A2:2018/AC: 2019 recommends the use of Category 1 aggregate concrete blocks, which requires independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks).

In respect of specification of aggregates for concrete (including concrete blocks), NSAI has published ‘S.R. 16:2016 Guidance on the use of I.S. EN 12620:2002+A1:2008 - Aggregates for concrete’ which outlines the precautions to be taken in the quarry to reduce the risk of harmful impurities in aggregate production, again including the requirement for independent third party oversight of factory production control by a Notified Body.

In respect of the specification of hardcore, the relevant harmonised standard is ‘I.S. EN .S. EN 13242:2002+A1:2007 – Aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction’. NSAI has published ‘S.R. 21:2014+A1:2016 Guidance on the use of I.S. EN 13242:2002+A1:2007 – Aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction’ which includes the specification for hardcore (Annex E of S.R. 21) and outlines the precautions to be taken in the quarry to reduce the risk of harmful impurities in aggregate production and requires third party oversight of the manufacturing process.

A full list of designated Notified Bodies for construction products may be found on the New Approach Notified and Designated Organisations (NANDO) Information System hosted by the European Commission.

Separately, NSAI published ‘I.S. 888:2016 Code of Practice for the procurement and use of unbound granular fill hardcore material for use under concrete floors’, which outlines the requirements for post manufacturing operations of hardcore (beyond the quarry gate) such as procurement, haulage, delivery and receipt, storage and handling, placing, traceability and record management, with the aim of improving the chain of custody within the supply chain and ensuring the complete traceability of hardcore from the original manufacturer and source to the location where it is incorporated into the works.

Ultimately, the manufacturer is responsible for compliance with the CPR and in particular for the Declaration of Performance/CE marking of the construction product he or she is placing on the market, having full knowledge of the raw material (as is legally required by the CPR via the relevant harmonised European Standards) and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by the NSAI.

While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating for its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011. Regulation (EU) 2019/1020 establishes an EU wide framework for market surveillance, and came into full effect in July 2021. This strengthens the existing provisions in the CPR (and other Union harmonisation legislation), relating to the compliance of products, the framework for cooperation with organisations representing economic operators or end users, the market surveillance of products and controls on products entering the EU market.

Under the European Union (Construction Products) Regulations 2013 (S.I. No.225 of 2013), each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas.

In addition, the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020 (S.I. 682 of 2020) appointed Dublin City Council as a competent authority for the carrying out of market surveillance functions under the  European Union (Construction Products) Regulations 2013 for all related construction products on a nationwide basis. Dublin City Council-National Building Control Office, (DCC-NBCO) Market Surveillance Unit has been established for this purpose. DCC-NBCO may be contacted at: [e-mail].  Building control authorities will liaise with DCC-NBCO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.

Market surveillance activity should enable non-compliant products to be identified and kept or taken off the market with unscrupulous and/or criminal economic operators prosecuted and penalised for their actions. In this context, it is important to note that the overarching objective of a market surveillance authority is to ensure that compliant products are placed on the market. Where non-compliance is identified, market surveillance activities should be designed to encourage economic operators to take appropriate corrective actions to redress the position within a reasonable period of time.

Market surveillance authorities have significant powers including to obtain access to the place of manufacture or storage, request technical information, select samples of the construction product and carry out evaluations, examination or tests on such samples. Where construction products are placed on the market which do not comply with the requirements set out in the CPR, market surveillance authorities have powers to direct the relevant economic operator to take the necessary corrective actions to bring the product into compliance. Where this does not work, there are further procedures that may result in the product being withdrawn or recalled from the market, its use subject to special conditions, or the products availability on the market being prohibited or restricted.

Ireland’s National market surveillance programme 2021 is published on the website of the European Commission. Section 2.5 provides specific details with the market surveillance of construction products and outlines a market surveillance campaign led by DCC-NBCO, which has recently commenced, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR.

Finally, whilst the CPR focuses on the conditions which apply when placing a product on the market, clients, specifiers, designers and builders etc., should:

- when drawing up specifications, refer to the harmonised technical specifications and specifically to the requirements of individual characteristics when necessary,

- when choosing the products most suitable for their intended use in construction works, review the manufacturer’s Declaration of Performance,

- check the Standard Recommendations published by NSAI, which give guidance on appropriate minimum performance levels for specific intended uses of the product in Ireland, and

- ensure compliance with the Building Regulations 1997 to 2021, in this regard all works should be carried out in a workmanlike manner, using proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used.

Heritage Sites

Questions (214)

Thomas Pringle

Question:

214. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the position regarding and the status of the new national heritage plan, Heritage Ireland 2030. [44318/21]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

Heritage Ireland 2030, the new national heritage policy, will be launched in Q4 of 2021.

Heritage Ireland 2030 will provide a strategy for the protection, conservation, promotion and management of Ireland’s heritage for the next decade and beyond. The plan has been drafted against the backdrop of increasing challenges - including those stemming from land-use change, climate change, biodiversity loss and dereliction. In particular, the COVID-19 crisis has underscored the importance of individual and societal well-being and Heritage Ireland 2030 will recognise the important role that heritage plays in these, and in the sustainable development of the country.

Covid-19 Pandemic

Questions (215)

Holly Cairns

Question:

215. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage if he will ensure that all staff in his Department and public bodies and agencies that operate under his remit who, by necessity of their work have to come into close proximity with others, including other employees or members of the public are provided with medical grade masks in the EN14683 category; and if he will make a statement on the matter. [44377/21]

Written answers

Minister for Housing, Local Government and Heritage

My Department continues to supply both medical and non-medical facemasks to staff, as required, and communicates the importance of wearing such masks while circulating in our workplaces. We have implemented strict visitor and contractor protocols also, to ensure that mask wearing practices are carried out by everyone who visits our offices. For those other staff returning to the offices this month, my Department is in the process of procuring and providing ‘2 Ply Anti-Microbial Fabric Face Masks’.

On medical grade face masks specifically, my Department continues to follow public health advice which states that such masks should be worn by those at higher risk of getting seriously ill from contracting COVID-19. We are aware of the HSE definition of higher risk and very high risk groups, and can make medical grade masks in the EN14683 category available to staff in these groups.

The National Parks & Wildlife Service has supplied staff with reusable doubled layered face coverings and has EN14683 category face masks available, upon request, to staff who are at the higher risk of COVID-19. Met Éireann maintains a supply of both disposable (non-medical grade) and reusable masks which are made available to their staff.

The information requested in relation to bodies under the aegis of my Department is a matter for the individual bodies concerned.  Arrangements have been put in place by each Agency to facilitate the provision of information directly to members of the Oireachtas.  The contact email address for each agency is set out in the following table:

State Body	Contact E-mails
An Bord   Pleanála	[e-mail]
An Fóram Uisce (the Water  Forum)	[e-mail]
Docklands Oversight and Consultative Forum	[e-mail]
Ervia	[e-mail]
Gas Networks Ireland	[e-mail]
Heritage Council	[e-mail]
Housing Finance Agency	[e-mail]
Housing and Sustainable Communities Agency	[e-mail]
Irish Water	[e-mail]
Land Development Agency	[e-mail]
Local Government Management Agency	[e-mail]
National Oversight and Audit Commission	[e-mail]
National Traveller Accommodation Consultative Committee	[e-mail]
Office of the Planning Regulator	[e-mail]
Ordnance Survey Ireland	[e-mail]
Property Registration Authority	[e-mail]
Pyrite Resolution Board	[e-mail]
Residential Tenancies Board	[e-mail]
Valuation Office	[e-mail]
Valuation Tribunal	[e-mail]
Water Advisory Body	[e-mail]
Waterways Ireland	[e-mail]

Passport Services

Questions (216)

Michael Ring

Question:

216. Deputy Michael Ring asked the Minister for Foreign Affairs the number of staff who are now back working on-site in the Passport Office; the number who are still working from home; when he plans to have the full complement of staff back into the office; and if he will make a statement on the matter. [44243/21]

Written answers

Minister for Foreign Affairs

The Passport Service scaled up operational levels on 4 May 2021, in line with the phased easing of restrictions set out in “COVID-19 Resilience and Recovery 2021 – The Plan Ahead”. In order to provide a safe working environment, staff who can work from home have done so to allow the Service to maximize operations on site. However, this number is extremely low as staff directly involved in customer service and the production of passports must work on site. 

In August 2021, there were 519 staff assigned to the Passport Service. Of these less than 1% were working from home on a full time basis.   

The Passport Service must remain in full compliance with the Work Safely Protocol which sets out obligations for employers and workers to put Infection Prevention and Control (IPC) measures in place to prevent the spread of COVID-19 in the workplace. 

The Passport Service engages in robust workforce planning on an annual basis in cooperation with the Public Appointments Service.

Passport Services

Questions (217, 218)

Michael Ring

Question:

217. Deputy Michael Ring asked the Minister for Foreign Affairs when the public offices of the Passport Office in Dublin and Cork will reopen in order that persons can make an appointment to submit a passport application in person; and if he will make a statement on the matter. [44245/21]

Mark Ward

Question:

218. Deputy Mark Ward asked the Minister for Foreign Affairs the average processing time for passports; and if he will make a statement on the matter. [44252/21]

Written answers

Minister for Foreign Affairs

I propose to take Questions Nos. 217 and 218 together.

The Passport Service maintained operations throughout the COVID-19 pandemic, notwithstanding the fact that the processing of passports requires physical attendance on site to deliver this service. As a result of well implemented safety protocols our staff were able to assist citizens who required passports for a range of emergency and urgent personal, business or legal reasons, or who had compelling humanitarian needs to travel.

The Passport Service began scaling up to more normal operational levels on 4 May 2021, in line with the phased easing of restrictions set out in “COVID-19 Resilience and Recovery 2021 – The Plan Ahead” while continuing to operate the emergency service for priority cases for which customers are encouraged to contact our Customer Service Hub if they require assistance.  In line with our continued scaling up of services my Department are actively planning for the opening of our Public Offices for the processing of urgent applications for those renewing their passport.  We will be making a public announcement on specific dates shortly.

The Passport Service has received nearly 500,000 applications in 2021 to date, with approximately 110,000 under process. These applications comprise of 43,000 valid applications which are with the Passport Service and 67,000 incomplete applications that require action by the applicant. 

The current turnaround times are

-10 working days for Simple Adult renewals,

-15 working days for Complex renewals,;

-40 working days for First Time applications on Passport Online and

- 8 weeks for Passport Express.

These turnaround times for Passport Online applications begins when all required supporting documentation is received by the Passport Service.  For reasons of integrity, the Passport Service is not in a position to process applications that are incomplete as these are not valid applications.  Such applications will inevitably encounter longer processing times.

First time applications for adults and children are complex applications involving measures to assure the true identity of the applicant, their entitlement to Irish citizenship and, in the case of children, that all guardians have consented to the issuing of the passport. Particular complexity relates to the process of applications from children born in Ireland after 2004 due to the need to verify entitlement for Irish citizenship.

The Passport Service continually examines how to improve processing times, including examining the processes around the verification and processing of the supporting documentation for first time applicants, and any delays that have been experienced by our customers as a result of the COVID-19 pandemic and the high demand seen in recent months as international travel resumed. However, the Passport Service has a great deal of experience in dealing with peaks in demand is a strong basis for confidence, taking into account measures to ensure a safe workplace, that we will return to more normal turnaround times for the processing of first time applications soon.  

The Passport Service will continue to review its processes in order to identify further efficiencies that can be made to improve the efficiency of our services and improve customer experience while continuing to protect the integrity of the Irish Passport.  

Question No. 218 answered with Question No. 217.

Visa Applications

Questions (219)

Donnchadh Ó Laoghaire

Question:

219. Deputy Donnchadh Ó Laoghaire asked the Minister for Foreign Affairs the reason there continues to be a stay on processing working holiday authorisation applications for Canadian persons wishing to travel to Ireland; when the processing of these applications will resume; and if he will make a statement on the matter. [44281/21]

Written answers

Minister for Foreign Affairs

Working Holiday Authorisations (WHAs) play an important role in building Ireland’s bilateral relations with the United States, Canada and a number of other non-European countries and regions with which we have reciprocal agreements. As Minister, I support fully the objectives of the Working Holiday programmes and their vital contribution in promoting people-to-people contacts, and am keen to see the programmes resume, once circumstances allow.

Since the onset of the pandemic, we have temporarily ceased processing new applications under the WHA programmes in the United States and Canada. While the relevant missions in the United States and Canada continue to accept applications for WHAs, processing of applications is suspended until these two programmes can be safely resumed. Submitted applications continue to remain on file and will be processed once operations recommence.

A primary concern remains the health, welfare and well-being of those who would seek to travel to Ireland on a WHA. A number of public health restrictions remain in place in order to prevent the spread of COVID-19 in Ireland. My officials continue to monitor the evolving situation here and in the United States and Canada, particularly in terms of public health advice, job opportunities and the availability of short-term accommodation, with a view to resuming the programmes.

Our Missions in the United States and Canada will be instructed to resume processing applications when circumstances allow young people to safely benefit from a working holiday here and to fully experience Ireland’s culture and way of life. A public announcement will be made as soon as application processing resumes.