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Tuesday, 28 Sep 2021

Written Answers Nos. 853-872

Forestry Sector

Questions (853)

Martin Browne

Question:

853. Deputy Martin Browne asked the Minister for Agriculture, Food and the Marine the number of landowners that have been prosecuted for planting without a licence under summary conviction or conviction on indictment. [46358/21]

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Written answers

Since the commencement of the Forestry Act, 2014 on 24th May, 2017, no landowners have been prosecuted for planting without a licence under summary conviction or conviction on indictment.

Any forestry activities such as planting or, more usually, tree felling that takes place without a valid licence are taken very seriously by the Department.

Any complaints made are always investigated.

Agriculture Industry

Questions (854)

Brendan Smith

Question:

854. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if urgent consideration will be given to the issues outlined in correspondence (details supplied) in relation to the poultry sector; if he will ensure that this matter is given urgent attention; and if he will make a statement on the matter. [46376/21]

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Written answers

Compliance with environmental regulations is a prerequisite for Irish farmers and food producers, not only to meet legislative requirements, but also to ensure that our quality produce can command a premium in both domestic and export markets.

This approach is at the heart of the new stakeholder-led strategy for the sustainable development of the sector over the next decade: 'Food Vision 2030 - a world leader in sustainable food systems'.

I am pleased to see local authorities and industry representatives taking an active and collaborative role in seeking to address the necessary balance between economic and environmental sustainability related to poultry sector in their region.

While I would not see a role for the Department in permanent membership of the Task Force/Working Group envisaged, my officials will be happy to address any specific queries relevant to the remit of the Department which may arise in the course of the group's deliberations.

Nitrates Usage

Questions (855)

Brian Leddin

Question:

855. Deputy Brian Leddin asked the Minister for Agriculture, Food and the Marine the number of penalties relating to fencing to prevent access from grazing bovines to watercourses for drinking purposes issued under the Nitrates Action Programme for non-compliance with the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2017, SI No. 605 of 2017 in recent years; and if he will make a statement on the matter. [46381/21]

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Written answers

The requirement to fence watercourses on certain agricultural holding types is set out under Article17(18) European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2017, SI No. 605 of 2017 (as amended). This measure came into effect on 1st January 2021. Information on non-compliances and associated penalties relating to this requirement is not available to date as the inspection cycle for 2021 is not yet completed.

Nitrates Usage

Questions (856)

Brian Leddin

Question:

856. Deputy Brian Leddin asked the Minister for Agriculture, Food and the Marine the number of penalties issued under the Nitrates Action Programme for non-compliance with the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2017, SI No. 605 of 2017 in recent years; and if he will make a statement on the matter. [46382/21]

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Written answers

The Department of Housing Planning and Local Government are the competent authority for the implementation of the Good Agricultural Practice regulations. The Department of Agriculture Food and the Marine is the paying agency for EU Common Agricultural Policy funds.

In accordance with the CAP regulations DAFM undertake the required number of farm inspections and compliance with SI 605 2017 is one of the areas checked. In addition an administrative check is undertaken to ensure all bovine and ovine livestock farmers comply with the stocking rate limits in the regulations.

Penalties for non compliance are provided for in EU Regulations 1306/2013, 640/2014 and 809/2014 and are applied under the Terms & Conditions of the Direct Payments Schemes and Rural Development Programme measures.

The table attached details the number of farmers penalised in recent years, both from administrative checks and those identified during farm inspection. The administrative checks are currently under way to identify those who exceeded the limits in 2020.

Nitrates Penalties Issued

State Bodies

Questions (857)

Matt Carthy

Question:

857. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the number of full-time equivalent staff currently assigned to the Unfair Trading Practices Enforcement Authority; and if he will make a statement on the matter. [46508/21]

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Written answers

As the Deputy will be aware, one of the key principles of the Directive on Unfair Trading Practices (UTP) in business-to-business relationships in the agricultural and food supply chain is to protect farmers, farmers’ organisations and other weaker suppliers of agricultural and food products against stronger buyers and to improve their position in the supply chain.

I signed Statutory Instrument No. 198 of 2021 transposing the UTP Directive into Regulations applicable to Irish law on 28th April 2021, ahead of the EU deadline of 1st May 2021. These Regulations are an important tool in strengthening the position of primary producers, who are key to the success of our sector.

The Regulations provides for the establishment of an Enforcement Authority to deal with complaints against unfair trading practices and, as an interim measure, I established the Enforcement Authority in the Department pending the finalisation of primary legislation to establish a new Office of National Food Ombudsman or Regulator.

The Enforcement Authority has the power to investigate complaints made by agricultural and food product suppliers. The Authority may also initiate and conduct investigations on its own initiative and initiate legal proceedings for breaches of the UTPs.

The Authority currently has two full-time staff members and further staff resources will be allocated to it shortly.

I am fully committed to bringing forward legislation at an early date to establish a National Food Ombudsman or Regulator office that will bring greater levels of transparency to the sector.

Proposed Legislation

Questions (858)

Matt Carthy

Question:

858. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the intended timeline to bring forward legislation to establish a new office of national food ombudsman, regulator or equivalent; and if he will make a statement on the matter. [46509/21]

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Written answers

As the Deputy will be aware, the establishment of an Office of National Food Ombudsman, or equivalent, is a key commitment in the Programme for Government, which states that the new Office will enforce the Unfair Trading Practices (UTP) Directive and will also have a role in analysing and reporting on price and market data in Ireland.

The Deputy will also be aware that, in April 2021, I signed Statutory Instrument No. 198 of 2021 to transpose the UTP Directive into Irish law directly as it stands, with effect from 1st July 2021. As an interim measure, I have established the UTP Enforcement Authority in the Department. That Enforcement Authority has the powers to investigate complaints from suppliers including primary producers, carry out investigations on its own initiative and initiate legal proceedings for breaches of the UTPs.

In regard to the primary legislation required to establish the new Office, following the public consultation inviting views on what functions the new Office should deliver, and the information seminar that I hosted In June for stakeholders, which included a presentation by the former UK Groceries Code Adjudicator, the submissions received have been examined and the legislation is now being drafted.

I am fully committed to ensuring the Programme for Government commitment is implemented as quickly as possible to ensure we bring much-needed transparency sector. The Department is giving this matter priority. However, until the legislation is finalised, I am not in a position to say exactly when the new Office will be established.

Animal Welfare

Questions (859)

Matt Carthy

Question:

859. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to any increased prevalence of liver abscesses in cattle in factory-controlled feedlots and any associated increased usage of veterinary medicinal products; and if he will make a statement on the matter. [46510/21]

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Written answers

The Department does not have such information.

The Animal Health Ireland Beef Health Check programme does capture information on the apparent prevalence of liver abscesses in cattle slaughtered in Ireland over recent years. This data is set out in the attached file.

The data does not provide any breakdown as to the herd type or farm system associated with the herd of supply of the identified cases. The trend line however suggests a reducing prevalence of liver abscess over recent years, rather than an increase.

IHA Data

Agriculture Schemes

Questions (860)

Matt Carthy

Question:

860. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if the €1.5 billion ring-fenced from the carbon tax is intended exclusively for the agri-environmental scheme or for broader agri-environmental measures; and if he will make a statement on the matter. [46511/21]

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Written answers

The funding allocation for future agri-environment measures arising out of the new Common Agricultural Policy (CAP), including the use of Carbon Tax funds, will be determined in consultation with the Department of Public Expenditure and Reform. However, the Programme for Government committed to using €1.5bn in carbon tax receipts between 2020 and 2030 for use in the agri-sector and that is a commitment I will honour.

Work is ongoing on the development of a new agri-environmental climate measure under the new CAP with due regard to the proposed new Green Architecture. A hybrid model is being considered which means it would offer a combination of prescription based actions with a fixed rate of payment and results based actions where the level of payment will be dependent on result achieved.

The lessons learned from the Results-based Environment-Agri Pilot (REAP) will assist in the design of the latter. It is proposed that the new measure will include a range of actions encompassing agri-environment, climate, water quality and biodiversity, and will include targeting of priority habitats.

Work on the preparation of the overall draft CAP Strategic Plan 2023-2027 (CSP) has intensified in the Department. Development of the plan involves a number of stages, including SWOT analysis, needs assessment, intervention design, financial allocations, target setting (including monitoring) and governance systems. The draft CSP is also subject to an ex-ante evaluation, Strategic Environmental Assessment and Appropriate Assessment including a public consultation on the draft CSP and draft Environmental Report.

The Department has recently completed a five-week public consultation on the proposed draft interventions for the CSP 2023-2027 with over 1,000 responses received. Department officials are currently considering these proposals as the CSP is developed. I am currently consulting with farmers and other stakeholders on the content of the CSP at a series of mart meetings. I will continue to engage with farmers and all stakeholders as we develop our CAP Strategic Plan 2023-2027.

Greyhound Industry

Questions (861)

Paul Murphy

Question:

861. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine the number of greyhound injuries and deaths at a location (details supplied) to date in 2021, by date; the names of the dogs; and the nature of the injuries and causes of death. [46649/21]

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Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

Live Exports

Questions (862)

Paul Murphy

Question:

862. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if he will halt plans to export live Irish pigs to China given the cruelty involved in live export (details supplied). [46650/21]

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Written answers

I wish to assure the Deputy that the Department deploys considerable resources to protecting animal welfare during transport. In regard of the recent agreement signed with China to export breeding pigs to that country, animal welfare requirements during transport must be in accordance with EU rules, which are set out primarily in Council Regulation (EC) no 1/2005 on the Protection of Animals during Transport and Related Operations and associated national legislation.

The Regulation sets out legal measures to ensure animal welfare during transport, and has specific provisions on air transport of pigs to safeguard their welfare throughout the journey. It also refers to the need for conditions during transport to comply with International Air Transport Association (IATA) live animals Regulations.

- Pigs are transported in specially designed pens or containers appropriate to their species and size which comply with IATA Regulations.

- They are transported only in conditions where air quality, temperature and pressure can be maintained within an appropriate range during the entire journey, having regard to the animals’ specific needs.

- Maximum loading densities for pigs are set which must not be exceeded, in order to protect their welfare.

Officials veterinarians of my Department assess journey plans and monitor loading to ensure that welfare legislation is complied with. The high genetic merit breeding pigs that will be transported to China will be transported with every possible measure to minimise any risk of injury and suffering.

The Department takes its responsibilities in the matters of regulating this trade, and of protecting animal welfare, very seriously - it exercises close oversight, and deploys considerable resources to the area of animal welfare in general, including in respect of animals being transported.

Forestry Sector

Questions (863)

Cormac Devlin

Question:

863. Deputy Cormac Devlin asked the Minister for Agriculture, Food and the Marine the number of felling licences issued during each of the years 2016 to 2020, in tabular form; if he will provide an update on efforts to streamline the licensing system; and if he will make a statement on the matter. [46705/21]

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Written answers

The Deputy will be aware that certain High Court decisions have changed the processing of forestry licence applications, resulting in approx. 80% of applications being screened in for a comprehensive ecological assessment, a situation for which the Department was not prepared.

In addition, the number of appeals increased from 21 in 2017 to a peak of 582 in 2020. This combination of events led to a backlog of licence applications. I am very aware of the obligations my Department has towards applicants, but also to ensure that systems and processes are compliant with legal framework.

In respect of licensing, resources have been significantly increased; ecologists have gone from one in 2018 to 27 currently and 21 additional forestry inspectors have been deployed. The number of licences issued had increased through May and into early July. However, there was a significant fall off in licences issued in July and August, due to a new legal requirement for an additional 30-day public consultation.

Applications in the system, received before 11th January this year when the Forestry Licence Viewer (FLV) was introduced, had to be manually examined and redacted of personal information before the documents were published in the FLV for the second public consultation.

As the introduction of this SI resulted in a reduction in the number of licences issued in June and July, it is unlikely that our target of 4,500 will be met this year and it will be closer to 4,000.

I must note, however that licensing outputs have increased over the past three weeks, with 110 licences issued the week ending 3rd September, 136 the following week and 146 the week ending the 17th.

The Department will shortly announce the successful bidder for the recent tendering process to engage external expertise to carry out an end-to-end regulatory and process review, which has been sought by the Project Woodland working groups.

This is in addition to the systems analyst already in place. In the meantime, my Department is working with forestry companies to improve the quality of information provided with licence applications. This has already yielded results for felling licences. The same exercise has been completed for forest roads and will shortly be carried out on afforestation licence applications. I expect that licensing output will continue apace for the remainder of the year.

The number of tree felling licences issued from 2016 to 2020 is in the following table. It should be noted that the figure for 2016 and 2020 is skewed by a large volume of Coillte thinning licences. I expect the final figure for 2021 to be 30% higher than 2020.

2016

2017

2018

2019

2020

Felling Licences Issued

6,731

3,003

3,603

4,180

1,717

EU Regulations

Questions (864, 867)

Matt Carthy

Question:

864. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if he plans to meet the requirements of EU Regulation 2019/6 through primary or secondary legislation; and if he will make a statement on the matter. [46709/21]

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Matt Carthy

Question:

867. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the manner and timeframe in which he intends to legislate to give effect to EU Regulation 2019/6; and if he will make a statement on the matter. [46712/21]

View answer

Written answers

I propose to take Questions Nos. 864 and 867 together.

EU Regulation 2019/6 on veterinary medicinal products comes into effect in January 2022. This Regulation is binding in full and has direct effect on all Member States.

The Department is currently drafting secondary legislation to give effect to this Regulation which is expected to be in place in advance of 28th January 2022.

Animal Slaughtering

Questions (865)

Matt Carthy

Question:

865. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 818 of 15 September 2021, the actions he has taken in response to a factory in Northern Ireland ceasing to slaughter pigs from Ireland; if he has concerns regarding the effect this will have on farmers’ income and animal welfare; and if he will make a statement on the matter. [46710/21]

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Written answers

I am concerned at reports that labour and CO2 shortages are impacting on pig processing capacity in Norther Ireland. Of course commercial capacity issues in that jurisdiction are not a matter that can be resolved by authorities in this jurisdiction.

In relation to processing capacity in Ireland, the Department has regular engagement with industry on this issue and has facilitated further engagement with the Department of Social Protection in seeking to recruit labour from within the Irish and European Union markets.

The Department has also engaged with the Department of Enterprise, Trade and Employment to explore the possibility of further employment permits for certain occupations in meat processing where it is not possible to recruit sufficient labour from within the domestic and European labour pools. These discussions remain ongoing.

I and my officials have also highlighted to the meat processing sector the need to have appropriate labour attraction and retention policies in place, especially as competition for labour grows with the re-opening of the economy in line with the easing of the COVID-19 pandemic restrictions.

The Department is closely monitoring the current situation in the pig sector from both an economic and animal welfare perspective. In terms of the current market situation, I am acutely aware of the challenges faced by Irish pig producers albeit having come off historically high prices. The Department continues to closely monitor the situation both in Ireland and across the EU.

Animal Slaughtering

Questions (866)

Matt Carthy

Question:

866. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the number of pigs processed in meat factories within the State for the years 2016 to 2020 and 2021 to date; the number of pigs originating within the State that were and are processed in Northern Ireland for the years 2016 to 2020 and 2021 to date, in tabular form; and if he will make a statement on the matter. [46711/21]

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Written answers

Pig meat is the fourth most valuable sector of the Irish agri-food industry in terms of exports after dairy, beef and beverages. Exports increased by 0.21% in value terms in 2020 compared to 2019, totalling just over €893 million according to Central Statistics Office figures. This equates to 6.3% of overall food, drink and horticulture exports.

Irish pig meat production in 2020 was up on 2019, with 3.5 million head processed by DAFM approved meat plants. Production for 2021 year to date (as of week ending 19th September 2021) has seen a 5.9% increase over the same period of 2020.

Pig Slaughter Figures for Ireland:

2016

2017

2018

2019

2020

2021 YTD

(19 Sept)

3,253,759

3,292,233

3,400,130

3,384,285

3,511,610

2,574,254

Figures taken from the EU's Trade Control and Expert System (TRACES) system show that Ireland has exported a total of 335,000 live pigs in 2021 to date (23rd September), with 331,556 of these to Northern Ireland. The vast majority of these pigs are exported for the purposes of slaughter as detailed below, with smaller numbers designated as being for the purposes of production or breeding.

Pigs exported to Northern Ireland for slaughter:

2016

2017

2018

2019

2020

2021 YTD

(23 Sept)

374,789

404,806

424,252

398,198

449,892

318,380

Question No. 867 answered with Question No. 864.

Animal Welfare

Questions (868)

Holly Cairns

Question:

868. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the actions that are taken by his Department or public bodies under his remit to inspect animal welfare organisations before such organisations can be given charitable status; and if he will make a statement on the matter. [46733/21]

View answer

Written answers

All charitable organisations operating in Ireland are required to be registered with the Charities Regulator who deal with applications and requirements for charitable status. The Department has no involvement in animal welfare organisations being granted charitable status.

Animal Welfare

Questions (869)

Imelda Munster

Question:

869. Deputy Imelda Munster asked the Minister for Agriculture, Food and the Marine the number of cases involving animal welfare concerns that have come under the Animal Health and Welfare Act 2013; and if he will make a statement on the matter. [46808/21]

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Written answers

The Animal Health and Welfare Act 2013 provides a modern framework for applying standards in the area of animal health and welfare and replaced a number of enactments dating back over a century. The Act was passed, after a lengthy and constructive debate in both Houses of the Oireachtas and came into operation on 6th March 2014.

The Department is committed to ongoing promotion and enforcement of animal welfare standards and all animal welfare reports are followed up by Veterinary Staff in the Regional Veterinary Offices or in some cases are referred to the ISPCA or DSPCA for attention by their authorised officers. In many of these cases sanction or prosecution is not the most proportionate or effective course action in achieving a positive outcome.

Often the provision of guidance, advice and education can alleviate welfare concerns for both the animal and the owner.

Offences under the Act may be prosecuted in the District Court by the Minister for Agriculture, Food and the Marine, local authorities and member of An Garda Síochána. Matters tried on indictment are the remit of the Director of Public Prosecutions.

The data below relate to cases prosecuted at the suit of the Minister for Agriculture, Food and the Marine.

Since March 2014, 95 individuals have been successfully prosecuted. Fines in excess of €65,000 have been imposed. 11 persons have been sentenced to a term of imprisonment which were suspended in 9 cases. The Probation Act was applied in 8 instances.

Twenty persons have been disqualified from keeping animals under section 58 of the Act.

In 46 cases, summonses have issued or files have been sent to the DPP with a view to initiating prosecution. A further 7 are currently being examined by my Department with a view to pursuing a prosecution if the evidence so warrants.

Library Services

Questions (870)

Mairéad Farrell

Question:

870. Deputy Mairéad Farrell asked the Minister for Rural and Community Development when she will be providing updated guidelines to public libraries in relation to restrictions on computer usage due to Covid-19 in view of schools and colleges returning and students needing to use such facilities; and if she will make a statement on the matter. [46010/21]

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Written answers

On 31 August, the Government published 'COVID-19: Reframing the Challenge, Continuing Our Recovery and Reconnecting', which is Ireland's plan for the next and final phase of our response to the COVID-19 pandemic. From 20 September, indoor and outdoor group activities, including those in libraries are permitted and this includes access to study spaces and PCs, where this is in line with the updated Health and Safety guidance.

While my Department has policy responsibility for public libraries, the provision of public library services is a matter for each local authority in their capacity as library authorities under the Local Government Act 2001. I understand that the Local Government Management Agency (LGMA) issued updated guidelines for public libraries to each local authority on 24 September 2021 following a meeting of its Health & Safety Operational Committee which reviewed the LGMA's current COVID-19 documentation. The documentation was updated to ensure that it is in line with the revised Work Safely Protocol and Government’s document 'COVID-19: Reframing the Challenge, Continuing Our Recovery and Reconnecting'.

Dormant Accounts Fund

Questions (871)

Gerald Nash

Question:

871. Deputy Ged Nash asked the Minister for Rural and Community Development the status of and position regarding the dormant account funds; and if she will make a statement on the matter. [46093/21]

View answer

Written answers

The main purpose of the Dormant Accounts Acts 2001-2012 is to reunite account or policy holders with their dormant funds in credit institutions or insurance undertakings. These bodies are required to take steps to identify and contact the owners, with any unclaimed funds transferred by the holding institution, each year, to the Dormant Accounts Fund which is managed by the National Treasury Management Agency. The transfer of moneys takes place on the basis that the beneficial owner has a guaranteed right of reclaim at any time in the future.

The legislation also introduced a scheme for the disbursement of funds that are unlikely to be reclaimed. These funds can be used for the purposes of measures to assist the personal and social development of persons who are economically or socially disadvantaged; the educational development of persons who are educationally disadvantaged or; persons with a disability. The Dormant Accounts (Amendment) Act 2012 provides for the Minister to put in place Disbursement Schemes which cover a three year period. These schemes set out the principles and priority areas for disbursements over the period. Subsequent Annual Action Plans, which are also prepared by the Minister in consultation with other Ministers, detail the approved measures for funding each year. These Disbursement Schemes and Action Plans, including the current ones in place, are available on the Departments website. www.gov.ie/en/policy-information/c376c9-dormant-accounts-fund/

The current 2021 Dormant Accounts Action Plan details funding of €51 million for 46 measures across 10 Government Departments. The 2022 Dormant Accounts Action Plan is currently in preparation and will be published shortly after Budget 2022. It is expected that this Action Plan will provide for a similar level of support in 2022.

Annual reports are also published on the website, with the most recent report for 2020 detailing funding measures totalling €93.5m, which included once off funding of €45 million to support the Covid-19 Stability Fund which provided grants to charities, community and voluntary organisations and social enterprises who were supporting the most vulnerable in society throughout the pandemic.

Finally, the most recent information from the NTMA with regard to the value of the Dormant Accounts Fund shows an overall balance of €283.7 million in the fund at the end of August 2021, with €108 million of this set aside for possible future refunds to beneficial owners of the funds.

Departmental Expenditure

Questions (872)

Carol Nolan

Question:

872. Deputy Carol Nolan asked the Minister for Rural and Community Development further to Parliamentary Question No. 825 of 15 September 2021, if tenders for the courses and training provided were issued; if so, the persons who responded; the criteria by which the course provider; and if she will make a statement on the matter. [46204/21]

View answer

Written answers

My Department was established on 19 July 2017. It has utilised the services of Common Purpose Ireland for limited individual staff training purposes. In common with other staff training the courses were selected to meet identified training needs of particular staff. The details and expenditure costs were provided in the answer to Parliamentary Question No. 825 of 15 September 2021.

The Department’s People Strategy document was launched in 2019. One of the priorities identified under this strategy was “Growing Our Leaders and People Managers” which included an emphasis on taking “active steps to build leadership and people manager capability at all levels across the organisation”. At this time certain leadership training for senior leaders was not available in-house in our Department or centrally through OneLearning. Leadership training for the civil service is now centrally procured by DPER One Learning unit.

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