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Tuesday, 21 Sep 2021

Written Answers Nos. 652-685

Primary Medical Certificates

Questions (652)

Niamh Smyth

Question:

652. Deputy Niamh Smyth asked the Minister for Health the reason a primary medical certificate for a person (details supplied) is being delayed; and if he will make a statement on the matter. [45141/21]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Primary Medical Certificates

Questions (653)

Niamh Smyth

Question:

653. Deputy Niamh Smyth asked the Minister for Health the reason a primary medical certificate for a person (details supplied) is being delayed; and if he will make a statement on the matter. [45142/21]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Covid-19 Pandemic

Questions (654)

Neale Richmond

Question:

654. Deputy Neale Richmond asked the Minister for Health if he has considered marking a national day of commemoration to those lost to Covid-19; and if he will make a statement on the matter. [45149/21]

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Written answers

The Deputy is advised that a decision of this nature would be a matter for the Department of the Taoiseach.

Dental Services

Questions (655)

Paul McAuliffe

Question:

655. Deputy Paul McAuliffe asked the Minister for Health the position regarding the reported refusal by some dental practices to accept appointment requests from medical card holders; if he will clarify the responsibilities which dental practices have to medical card holders who request appointments and subsequently require treatment; if he will clarify which dental services are currently covered by the medical card; and if he will make a statement on the matter. [45150/21]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Health Services Staff

Questions (656)

Catherine Connolly

Question:

656. Deputy Catherine Connolly asked the Minister for Health the number of nurses and midwives removed from the register of nurses and midwives maintained by the Nursing and Midwifery Board of Ireland as a result of non-payment of their annual retention fees to date in 2021; and if he will make a statement on the matter. [45182/21]

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Written answers

Each year it is necessary for all nurses and midwives working in Ireland to pay their retention fee to maintain their registration. The Nursing and Midwifery Board of Ireland (NMBI) is required to be self-financing under the Nurses and Midwives Act 2011 and this is done through the annual renewal fee of €100. This financing allows NMBI to carry out its statutory obligation: to protect the integrity of the practice of the professions of nursing and midwifery and the public.

If a registrant does not complete the annual renewal by the deadline, NMBI is legally obliged to include their name on the list of registrants that will be removed from the Register. In 2021, 2,504 registrants were removed from the NMBI Register.

Health Services

Questions (657, 660)

Christopher O'Sullivan

Question:

657. Deputy Christopher O'Sullivan asked the Minister for Health if, with SouthDoc in Blackpool reopening, consideration will be given to the reopening of the Kinsale SouthDoc centre; and if he will make a statement on the matter. [45199/21]

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Christopher O'Sullivan

Question:

660. Deputy Christopher O'Sullivan asked the Minister for Health if consideration will be given to the reopening of the Kinsale SouthDoc centre given that SouthDoc Blackpool is reopening; and if he will make a statement on the matter. [45218/21]

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Written answers

I propose to take Questions Nos. 657 and 660 together.

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Hospital Facilities

Questions (658)

Christopher O'Sullivan

Question:

658. Deputy Christopher O'Sullivan asked the Minister for Health if his attention has been drawn to the fact some community hospitals are utilising day care facilities for use as Covid-19 units and such units have day care centre staff deployed at swabbing and vaccination centres; if there are any interim measures that can be put in place for the elderly who require these facilities; and if he will make a statement on the matter. [45203/21]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Hospital Procedures

Questions (659)

Robert Troy

Question:

659. Deputy Robert Troy asked the Minister for Health when a person (details supplied) will be called for a cataract appointment. [45204/21]

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Written answers

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

In relation to the particular query raised, as this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Question No. 660 answered with Question No. 657.

Health Services

Questions (661, 662, 663, 664, 665, 666, 667, 668, 669)

Thomas Gould

Question:

661. Deputy Thomas Gould asked the Minister for Health his plans to take action on the exclusion of addiction treatment facilities from HIQA remit. [45219/21]

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Thomas Gould

Question:

662. Deputy Thomas Gould asked the Minister for Health his plans to take action on the lack of public oversight and transparency in addiction treatment facilities. [45220/21]

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Thomas Gould

Question:

663. Deputy Thomas Gould asked the Minister for Health the funding provided to the hidden harm strategy in 2020 and to date in 2021. [45221/21]

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Thomas Gould

Question:

664. Deputy Thomas Gould asked the Minister for Health the actions that have arisen from the hidden harm strategy. [45222/21]

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Thomas Gould

Question:

665. Deputy Thomas Gould asked the Minister for Health the funding given to rehabilitation and detox facilities by facility in 2019 and 2020 respectively, in tabular form. [45223/21]

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Thomas Gould

Question:

666. Deputy Thomas Gould asked the Minister for Health the number of alcohol-specific rehabilitation and detox beds by facility in 2019 and 2020 respectively, in tabular form. [45225/21]

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Thomas Gould

Question:

667. Deputy Thomas Gould asked the Minister for Health the number of HSE and State owned and run alcohol rehabilitation and detoxification beds in the State. [45226/21]

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Thomas Gould

Question:

668. Deputy Thomas Gould asked the Minister for Health the supports that are in place to ensure a positive outcome for the child given that data from the most recent National Drug Treatment Reporting System indicates that half of those in treatment are a parent to a child and recognising the adverse childhood experience arising for the child; and if he will make a statement on the matter. [45227/21]

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Thomas Gould

Question:

669. Deputy Thomas Gould asked the Minister for Health the estimated cost of providing alcohol related health interventions in the State in each of the years 2020 and 2021. [45228/21]

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Questions Nos. 661 to 669, inclusive, awaiting replies from Department.

Nursing Education

Questions (670)

David Cullinane

Question:

670. Deputy David Cullinane asked the Minister for Health if the case of a person (details supplied) will be addressed; and if he will make a statement on the matter. [45236/21]

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Written answers

As the Deputy will be aware, each undergraduate nursing and midwifery programme is required to have an appeals process in the event that a student fails a part of the programme. This includes an appeals process for clinical placement. The appeals process is designed and agreed by the academic programme board of each Higher Education Institution (HEI). The clinical assessment appeals process is outlined for students in the HEI student handbook, and the process is adhered to using the same principles as an academic assessment. Queries regarding assessment oversight is a matter for the individual HEI.

Regulatory Bodies

Questions (671)

Paul Donnelly

Question:

671. Deputy Paul Donnelly asked the Minister for Health the reason for the delay within CORU in relation to the registration for professional counselling and psychotherapy services; and the timeline to complete this process (details supplied). [45237/21]

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Written answers

As you are aware, regulations to designate counsellors and psychotherapists under the Health and Social Care Professionals Act 2005 were made by my predecessor in 2018. The members of the Counsellors and Psychotherapists Registration Board were appointed in February 2019 and they held their inaugural meeting in May 2019.

The work of a registration board includes consideration of the titles to be protected and the minimum qualifications to be required of existing practitioners and the qualifications that will be required for future graduates. The work of the Counsellors and Psychotherapists Registration Board is significantly more challenging than it is for registration boards for some of the more established professions owing to the different and complex pathways into these professions, the variety of titles used, and the variety and number of courses and course providers. The work is ongoing.

Mental Health Services

Questions (672)

Paul Donnelly

Question:

672. Deputy Paul Donnelly asked the Minister for Health the number of children and adults awaiting counselling services in all HSE operational areas in tabular form. [45238/21]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Legislative Measures

Questions (673)

Jim O'Callaghan

Question:

673. Deputy Jim O'Callaghan asked the Minister for Health if he plans to seek an extension of the provisions of Part 2 of the Health (Amendment) (No. 2) Act, 2021 due to expire on 9 October 2021. [45245/21]

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Written answers

The Health (Amendment) (No 2) Act 2021, which expires on 9 October 2021, provides for the lawful operation of certain indoor premises subject to certain conditions, notwithstanding restrictions in place in relation to such premises. This Act further provides for a robust and enforceable system of verification of the health status of certain persons including vaccination or recovery status and confers powers on the Minister for Health regarding enforcement and other related matters.

The extension of the provisions referred to by the Deputy are currently under consideration.

Legislative Measures

Questions (674)

Jim O'Callaghan

Question:

674. Deputy Jim O'Callaghan asked the Minister for Health if he plans to seek an extension of the provisions of the Health and Criminal Justice (Covid-19) Amendment Act 2021 due to expire on 9 November 2021. [45246/21]

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Written answers

The Health and Criminal Justice (Covid-19) Amendment Act, 2021, provides for the continuation in operation, until 9 November 2021, of certain provisions of the Health (Preservation and Protection and other emergency measures in the Public Interest) Act 2020, the Emergency Measures in the Public Interest (Covid-19) Act 2020, the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 and the Health (Amendment) Act 2020, in the public interest and having regard to the continuing risk to life and public health posed by the spread of Covid-19 in order to mitigate, where practicable, the effects of the spread of that disease and to provide for related matters.

My Department is currently considering whether it will be necessary to extend some or all of the above beyond the current expiry date of 9 November 2021. If this is necessary, the resolutions to extend will be submitted to both Houses of the Oireachtas for consideration and approval.

Covid-19 Tests

Questions (675)

Mattie McGrath

Question:

675. Deputy Mattie McGrath asked the Minister for Health if SARS-CoV-2 antibody testing is available nationally; if proof of the presence of antibodies will be accepted as proof of immunity; the reason the proof of the presence of antibodies is not currently accepted as proof of immunity; and if he will make a statement on the matter. [45251/21]

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Written answers

I can confirm that the HSE does not currently offer antibody tests. It is important to note that antibody tests check for antibodies to see if a person had an infection with the virus in the past. A positive antibody test should not be taken to mean that a person is protected from being infected again with COVID-19; a positive result does not mean that the person is immune to coronavirus.

As the Deputy will be aware, the underpinning EU Digital COVID Certificate regulation concerns the issuing and verification of certificates for medical events including vaccination, recovery, and testing related to COVID-19. The EU Digital COVID Certificate regulation, and subsequent associated national regulations, do not allow for the issuing of a certificate for individuals who have not had a medical event as outlined.

Under the EU Digital COVID Certificate Regulation, a certificate of recovery is a certificate confirming that, following a positive result of a NAAT test, meaning a molecular nucleic acid amplification test, such as reverse transcription polymerase chain reaction (RT-PCR), loop-mediated isothermal amplification (LAMP) and transcription-mediated amplification (TMA) techniques, used to detect the presence of the SARS-CoV-2 ribonucleic acid (RNA), carried out by health professionals or by skilled testing personnel the holder has recovered from a SARS-CoV-2 infection.

Legislative Measures

Questions (676)

Thomas Gould

Question:

676. Deputy Thomas Gould asked the Minister for Health the reason for the delay in the full implementation of the Public Health (Alcohol) Act 2018. [45278/21]

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Written answers

The Public Health (Alcohol) Act was enacted in October 2018 and to date 24 of its 31 provisions have been commenced. Of the remaining seven provisions, two are technical and the status of the remaining five is set out below. Work related to the Act both within my Department and within the Office of the Attorney General has been interrupted due to resources being applied to pandemic related work.

Section 4 of the Public Health (Alcohol) Act 2018 requires intoxicating liquor licence applicants to notify the HSE in advance of first time or renewal applications and provides that the HSE may appear and be heard at the hearing for such applications. Consultation is currently ongoing with the District Court, the Office of the Revenue Commissioners and the HSE to finalise the process to allow for commencement.

Sections 12 and 13 of the Act are on the labelling of alcohol products and on the content of advertisements for alcohol products respectively. These sections cannot be commenced until regulations under those sections have been made.

Draft regulations under section 12 of the Act have been developed and are currently with the Office of the Attorney General for settling. Draft regulations under section 13 are currently being developed by my Department.

Following finalisation of the draft regulations they must be submitted to the European Commission for assessment as to whether they are in alignment with Single Market principles.

The commencement of Section 18 which addresses alcohol advertisements in publications is subject to the commencement of all other advertising sections of the Act.

Section 19 restricts the hours permitted for advertising alcohol products on television and radio. Consultation with the Broadcasting Authority and the Department of Communications, Climate Change and Environment and the HSE is necessary before the section can be commenced.

Legislative Measures

Questions (677)

Paul Murphy

Question:

677. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 389 of 30 June 2021, if a decision has been made on the inclusion of rabbits in the Animal Health and Welfare (Fur Farming) Bill 2020. [44433/21]

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Written answers

The general scheme of the Animal Health and Welfare (Fur farming) Bill 2020 presently applies to cats, chinchillas, dogs, foxes, mink and weasels (including stoats), as previously noted. The version of the Bill for debate in the Oireachtas will identify specified animals and a final list of the types of animals affected.

Environmental Impact Assessments

Questions (678)

Michael Lowry

Question:

678. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine the details involved in preparing an EIA further to circular 5 of 2021; the minimum anticipated cost of preparing an EIA for such dead or dying crops; and if he will make a statement on the matter. [44520/21]

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Written answers

Under Section 72 of the Environment Protection Agency Act 1992, the EPA is responsible for the preparation of guidelines on the information to be contained in an Environmental Impact Assessment Report (EIAR) that is required to be submitted to the relevant Competent Authority in connection with any given application for planning permission, a licence, or other form of statutory consent. The latest draft Guidelines, dated August 2017, are available from the EPA website. I understand applicants may seek details regarding the particular scope and level of detail of the information to be included in the EIAR for any given project.

As set out in the Department's Forestry Divisions Circular 5 of 2021, in the case of projects involving “the replacement of broadleaf high forest with conifer species” the obligation to obtain planning permission or submit an EIAR arises from the provisions of the Planning and Development Act 2000 and the Planning and Development Regulations 2001, as amended, and not from the Forestry Act 2014 or the Forestry Regulations 2017, as amended. As such, the authority responsible for assessing an EIAR in respect of these projects and in particular providing a ‘Scoping Opinion’ in advance of its submission is the relevant local Planning Authority.

The Department is not aware of any minimum cost of preparing an EIAR having been published by the EPA or any other State authority. I understand that generally costs will vary depending on the size and complexity of the project, sensitivity of the landscape and the efficiency of the study undertaken to prepare the EIAR.

Critically, the requirement to obtain planning permission or submit an EIAR does not apply where a landowner intends to replace an existing broadleaf crop with broadleaf species.

Forestry Sector

Questions (679)

Michael Lowry

Question:

679. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine the date on which files (details supplied) were received by the Forest Service of his Department in tabular form; the reason the files were not returned to the applicants if not up to the standard at the time of receipt of the application by his Department; and if he will make a statement on the matter. [44521/21]

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Written answers

The information provided to the Oireachtas Committee referred to when, earlier this year, the Department undertook a full triage exercise of all felling applications currently on hand and referred to our Ecology Unit.

The purpose was to assess whether the application had all of the necessary information for it to proceed to an ecological assessment. The main criterion here was submission of a good quality harvest plan.

In 50% of the files reviewed, the harvest plan was deemed to be of sufficient quality and therefore proceeded. This has been the basis for the very high number of felling files issued to private applicants recently.

Where the harvest plan was found to have gaps or where no harvest plan was submitted these were returned to the registered forester (or forest owner where there was no registered forester) with individual feedback on how this could be rectified. I am pleased to report that some of these are now being returned to the Department and are being worked on and I would urge any foresters or applicants with outstanding requests for information to return them as soon as possible.

The above exercise is now a permanent feature of our approach to processing felling files and will lead to better processing of such files. This was communicated in a circular to the registered foresters in June.

Agriculture Schemes

Questions (680)

Niall Collins

Question:

680. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine when a beef data and genomics programme appeal by a person (details supplied) will conclude. [44558/21]

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Written answers

I wish to inform the Deputy that the Agriculture Appeals Office operates independently of the Department.

I have been advised, however, that the records of the Agriculture Appeals Office indicate that an appeal was received from the person named in March 2021.

The Appeals Office requested the file and a statement on the grounds of appeal from my Department and all relevant documentation has been forwarded to the Appeals Office.

I am advised that the appeal has been assigned to an Appeals Officer for examination and I have been assured that the appeal will be dealt with in due course.

Agriculture Schemes

Questions (681)

Michael Healy-Rae

Question:

681. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment for a person (details supplied); and if he will make a statement on the matter. [44705/21]

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Written answers

The herdowner in question has made an application for compensation under the On Farm Market Valuation scheme as a result of a TB breakdown in his herd. This application has been received by my Department and is currently being reviewed as part of the routine pre-payment validation checks that all applications are subject to prior to payment.

The herd-owner in question met with officials from the Department last week and has been assured that payment will issue as quickly as possible. Once all pre-payment validations are complete and providing there are no issues with same, payment will issue directly to the nominated bank account of the herd-owner without delay.

Agriculture Schemes

Questions (682)

Matt Carthy

Question:

682. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if the Minister for Finance or a representative of their Department advocated to his Department that a cap be placed on suckler numbers for participants in a proposed agricultural scheme. [44714/21]

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Written answers

The development of the CAP Strategic Plan is well under way.

A five-week public consultation on the draft interventions concluded on Friday 3rd September. Over 1,000 submissions have been made during the public consultation process. The townhall webinars were also well attended with in excess of 300 attending on each of the three nights. These submissions are under consideration and will be taken on board in the development of the plan.

Discussions with key stakeholders will continue through bilateral engagements, and through the CAP Consultative Committee, where all key stakeholders are represented. A statutory consultation on draft environmental report for the CAP Strategic Plan will be held in November with the final plan due for submission in December in advance of the 1st January 2022 deadline.

The plan will then be subject to an approval process with the Commission over a six or eight month period.

All elements of the plan will be subject to review and scrutiny by the EU Commission in line with the relevant regulatory framework around the three general objectives of economic, environmental and social sustainability. The CAP Strategic Plan will commence on 1st January 2023.

As discussed with the members of the CAP consultative committee as well as during the public consultation process, with respect to the proposed Suckler Carbon Efficiency Scheme, the rationale for the proposed scheme was to ensure that we did not see an overall increase in emissions from participants. It's critical to note that the scheme is a proposal with nothing yet defined. At all stages farmers and their organisations will be informed.

Agriculture Schemes

Questions (683)

Matt Carthy

Question:

683. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the primary legislation, statutory instruments and EU directives which serve as the basis for which his Department implements penalties and interest when recouping monies from farmers who have withdrawn from, or have been found to be in breach of a Departmental scheme; and if he will make a statement on the matter. [44755/21]

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Written answers

I wish to advise the Deputy that the information requested is set out in the attached table.

Name of Scheme

Withdrawn from or in breach of a Departmental Scheme

Name of Primary Legislation

Name of Statutory Instrument

Name of EU Directives/Regulation

All Schemes

Both

S.I. No. 13/2006 - European Communities (Recovery of Amounts) (Amendment) Regulations 2006 sets out the rate of interest of 3% per annum which is applied when recouping relevant scheme related debts arising from overpayments and penalties.

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008

Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance

Nitrates Regulations

Breaches

The European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017

Known as “the Nitrates Regulations”

S.I. 605 of 2017, The European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017

Sanctions are provided for in EU Regulations 1306/2013; 640/2014 and 809/2014 and is applied under the Terms & Conditions of the Direct Payments Schemes and Rural Development Programme measures

Nitrates Derogation

Failure to comply results in rejection of the derogation application thus placing the farmer subject to the lower limit as set out in the Nitrates regulations. Penalties may result.

The European Union (Good Agricultural Practice for Protection of Waters) (Amendment) Regulations 2018

S.I. 65 of 2018, The European Union (Good Agricultural Practice for Protection of Waters) (Amendment) Regulations 2018

Sanctions are provided for in EU Regulations 1306/2013; 640/2014 and 809/2014 and is applied under the Terms & Conditions of the Direct Payments Schemes and Rural Development Programme measures

Renewable Energy Generation

Questions (684)

Matt Carthy

Question:

684. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the engagements he has had with farmers or farming organisations with regard the potential of anaerobic digestion; and if he will make a statement on the matter. [44756/21]

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Written answers

Energy policy formation, including renewable energy, is the direct responsibility of the Department of the Environment, Climate and Communications (DECC). The Department of Agriculture, Food & the Marine (DAFM) continuously engages with DECC on all energy related matters from an agricultural perspective, as well as a wide range of industry and other stakeholder groupings.

The agricultural and forestry sector has a key role to play in the supply of bio-energy feedstocks as part of their positive contribution to the decarbonisation of energy systems through the displacement of fossil fuels and energy intensive materials. With this in mind, my Department has had extensive engagement with the Sustainable Energy Authority of Ireland (SEAI) on their recent National Heat Study project which aims to assess, amongst other things, the ability of the agricultural sector to provide relevant feedstocks to the Anaerobic Digestion industry.

DAFM also continues to support research, development and demonstration in this particular area. Of particular importance are two projects which have received part-funding from this Department through the European Innovation Partnerships initiative (EIP), as part of the Rural Development Programme 2014-2020. The Bio-refinery Glas (small scale farmer-led green bio-refineries) and Irish Bio-energy Association (IrBEA) (small biogas demonstration programme) have both been awarded funding of over €900,000 each and upon completion will provide valuable information of specific relevance to Irish farmers.

DAFM also engages with farmers and other relevant stakeholders as part of it`s regulatory role in the Anaerobic Digestion industry specifically when animal-by-products are utilised as a feedstock for Anaerobic Digestion. There are currently twelve anaerobic digesters producing biogas in operation nationally that are approved and under licence by my Department.

Engagement with interested stakeholders, including farmers and farm organisations has been further strengthened through the current DECC-led public consultation on the Introduction of a Renewable Heat Obligation which will further enhance the demand and consequent feasibility of the developing Anaerobic Digestion industry in Ireland.

Departmental Bodies

Questions (685)

Matt Carthy

Question:

685. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 177 of 29 April 2021, the progress made in establishing an interdepartmental group with regard to the regulation of exotic animals; and if he will make a statement on the matter. [44757/21]

View answer

Written answers

I am fully committed to the commitment in the Programme for Government and the initiative identified in the recently-launched Animal Welfare Strategy 2021-2025 on the regulation of exotic animals. My Department is taking the lead in establishing an inter-departmental group to ensure a coherent national approach to policy and regulation related to exotic animals.

The focus of the group will be on regulating the keeping, breeding and trading of exotic animals. Background work has begun within the Department with a view to establishing the group before the end of 2021.

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