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Wednesday, 6 Oct 2021

Written Answers Nos. 1-5

Departmental Meetings

Questions (1)

Catherine Murphy

Question:

1. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if he and or his officials engaged with the Office of the Director of Corporate Enforcement in advance of 30 September 2021 in respect of their role in a case involving former directors of a group (details supplied) in its dealings with High Court inspectors that are investigating the company affairs. [48486/21]

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Written answers

On March 23rd 2018 the Director of Corporate Enforcement applied to the High Court for the appointment of inspectors to Independent News and Media (INM) on the 23 March 2018, pursuant to section 748 of the Companies Act 2014.

The Director’s application for the appointment of inspectors followed a lengthy and wide-ranging investigation that identified several issues of serious concern relating to INM. That investigation was initiated on foot of a protected disclosure made to the ODCE.

Following his judgement of 4 September 2018, the President of the High Court, Mr. Justice Peter Kelly, on September 6th 2018, ordered, pursuant to section 748 of the Companies Act 2014, the appointment of inspectors to INM. The Court appointed inspectors are Mr. Sean Gillane, SC and Mr. Richard Fleck, CBE. The inspectors were appointed to investigate the various matters set out in their Terms of Reference as set out in the Order of the President of the High Court. This work is ongoing.

Section 949(3) of the Companies Act 2014 provides that the Director of Corporate Enforcement shall be independent in the performance of his statutory functions. I as Tánaiste and Minister for Enterprise, Trade and Employment have no function in such matters.

I am advised that the engagement between my officials and the ODCE on this matter has been very limited and relates only to the issue of indemnity.

Arising from certain issues relating to the ODCE’s investigation into INM, my officials engaged with the Director of Corporate Enforcement and put in place a legal indemnity in respect of the Director’s statutory functions. My officials have also engaged with the Court appointed inspectors to put in place a legal indemnity in respect of their duties as inspectors to INM.

As I outlined to the House on 17 April 2018, I consider that any public servant who acts properly and in accordance with his mandate and does not breach any laws or ethical principles should be indemnified by the State.

Departmental Priorities

Questions (2)

Patrick Costello

Question:

2. Deputy Patrick Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment the timeline for the completion of the latest critical skills and ineligible occupation lists. [48497/21]

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Written answers

The employment permits system is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills and/or labour shortages, in circumstances where there are no suitably qualified Irish/EEA nationals available to undertake the work and that the shortage is a genuine one.

The system is managed through the use of lists designating highly skilled and ineligible occupations. The lists are reviewed twice a year to ensure their ongoing relevance to the State’s human capital requirements. A current review of the occupations lists for employment permits is well underway with submissions received from a range of sectors under active consideration. It is expected that the review will be finalised in the coming weeks and any changes necessary to deal with verified skills or labour shortages will be made at that time.

Wind Energy Generation

Questions (3)

Jim O'Callaghan

Question:

3. Deputy Jim O'Callaghan asked the Minister for the Environment, Climate and Communications the steps being taken to avail of the extraordinary renewable wind energy off the west coast of Ireland; and if he will make a statement on the matter. [48436/21]

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Written answers

Ireland’s increased climate and energy ambition is reflected by the Government target to achieve 5GW of installed offshore wind generation by 2030. There is a further commitment in the Programme for Government to develop a longer-term plan to utilize the potential 30GW of offshore floating wind power in our Atlantic waters. The 5GW target will be primarily met through development of offshore renewable energy (ORE) in Ireland’s eastern and southern coastal regions. This reflects the suitability of water depths in these regions for deployment of conventional fixed bottom offshore wind turbines and existing electricity grid infrastructure to connect these projects to the onshore grid.

Subsequent cost-effective deployment of renewables in deeper waters off the west coast, to take advantage of stronger and more consistent wind speeds, should be increasingly feasible through future advances in floating turbine technology.

Development of the Maritime Area Planning Bill (MAP) Bill is being led by the Minister for Housing, Local Government and Heritage, with my Department providing input on provisions specific to ORE.The enactment of this Bill will provide a modern, up-to-date regulatory framework that will enable ORE developments beyond the limits of the current foreshore regime, including off the west coast.

Work on a revised Offshore Renewable Energy Development Plan has also been initiated by my Department. This will provide an evidence base for the assessment of areas most suitable for the sustainable development of wind, wave, and tidal technologies, in consultation with other maritime users.

Electricity Grid

Questions (4)

Jim O'Callaghan

Question:

4. Deputy Jim O'Callaghan asked the Minister for the Environment, Climate and Communications the steps being taken to ensure that there will not be any electricity blackouts during the winter months; and if he will make a statement on the matter. [48437/21]

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Written answers

The Commission for Regulation of Utilities (the CRU) has statutory responsibility to monitor and take measures necessary to ensure the security of electricity supply in Ireland. It is assisted in its statutory role by EirGrid which is responsible for the day-to-day management of the electricity transmission system. The CRU is an independent statutory body and solely accountable to a committee of the Oireachtas for the performance of its functions. The CRU published, on 29 September, an Information Paper on security of electricity supply, in which it stated that, as two large gas power stations return to service, margins on the electricity system will improve for the peak winter period, while noting the latest advice from EirGrid that the system will remain tight this winter. The CRU will continue to explore and implement further measures to enhance supply security for this winter, including increasing demand side response and reliability. 

The  CRU Information Paper is available at the following link www.cru.ie/wp-content/uploads/2021/09/CRU21115-Security-of-Electricity-Supply-%E2%80%93-Programme-of-Actions.pdf

Departmental Correspondence

Questions (5)

Paul Kehoe

Question:

5. Deputy Paul Kehoe asked the Minister for the Environment, Climate and Communications the action that will be taken on foot of correspondence received (details supplied) by the Secretary General of the Department; when all farm plastics premises will be inspected; and if he will make a statement on the matter. [48474/21]

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Written answers

Extended Producer Responsibility (EPR) is an environmental policy model in which a producer's responsibility is extended beyond the consumer stage of a product's life cycle. There are a number of these schemes operating in Ireland and they have proved very successful in enabling us meet domestic and EU recycling targets. The EPR scheme for farm plastics has been in place since 1998 and has grown significantly since then. The existing arrangements are functioning very effectively and the targets in place are being achieved, with a recycling rate for 2020 reaching 80% significantly exceeding the target of 70%. The regulations allow for any organisation to apply to the Minister for approval to operate a scheme. Any application will be assessed and evaluated by the Department. There is currently one approved body operating a farm plastic scheme, Irish Farm Film Plastics Group (IFFPG). Their approval was renewed earlier this year following a lengthy process and the renewal will last for a five year period, subject to periodic reviews. 

The current funding mechanisms used by IFFPG for farm plastic collection is in line with the polluter pays principle and EU requirements, with producers funding 70% of the necessary costs of the scheme and farmers contributing the remaining  30% of the costs. The fees collected are used by the operator to fund the operational costs of the scheme which is run on a not for profit basis.

Local authorities have a key role in ensuring compliance with the farm plastics regulations and broader waste legislation obligations. The Department supports local authorities taking appropriate enforcement action against individuals or corporate entities through the appropriate channels. The Department is also aware that the National Trans Frontier Shipment Office (NTFSO) are liaising with a number of local authorities to ascertain the extent of the storage of farm plastics and the implications for waste shipments abroad.  An effective system of waste management compliance is critical to the welfare of the environment and society in general.

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